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Page "Appellate procedure in the United States" ¶ 46
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some and cases
Telephones, Teletypes, several kinds of radio systems and, in some cases, television, link all vital points.
Their social status was achieved in some cases by birth, as with Washington, Jefferson and Jay ; ;
Sacrifice will have to be made in some cases, but it is to the municipality's advantage to finance the change-over for a short period of time rather than pay interest on tax anticipation notes indefinitely.
And it helps the builder because it can handle a more efficiently packaged load, can deliver it to the best spot ( in some cases, right on the roof or inside the house ), and never takes any of the builder's high-priced labor to help unload it.
Observations of the radio emission of a planet which has an extensive atmosphere will probe the atmosphere to a greater extent than those using shorter wave lengths and should in some cases give otherwise unobtainable information about the characteristics of the solid surface.
The nest itself, the structure that in some cases housed about 2,000 individuals when the season was at its peak, is now rapidly destroyed by the scavenging larvae of certain beetles and moths.
Although biopsies have shown structural changes in some of the reported cases of steroid-induced weakness, this case provides the only example known to us in which necropsy afforded the opportunity for extensive study of multiple muscle groups.
In our work the best procedure for removing substances causing nonspecific staining in order to obtain specific conjugates was to pass the conjugates through a DEAE-cellulose column and in some cases to absorb the first and second milliliter fractions with sweet clover tissue powder.
A number of strong independent agencies, established in some cases with governmental or royal support, have conducted large medical, social, educational and research operations in particular parts of the Congo and Ruanda-Urundi.
The few cases of clear favoritism along social-class lines are as likely as not to involve representatives of the working class on the school board who favor some such practice as higher wages for janitors rather than pay increases for teachers, and such issues are not issues of educational policy.
In some cases, it may be more advantageous to assign locations to RDWS associated with DA and DC areas in some other part of storage, i.e., not immediately preceding the DA or DC areas.
In some cases, however, domination of the sex act by one partner can be temporary, triggered by a passing but urgent emotional need.
In the afternoon, defense attorneys began the presentation of their cases with opening statements, some of which had been deferred until after the government had called witnesses and presented its case.
Fields of corn and some other crops in many cases are so dense that older equipment cannot handle them efficiently.
Requests for substantiation, the Service indicated, can be especially expected in cases where it suspects the donor received some material benefit in return, such as tickets to a show.
In some cases the proper
This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses ( in some cases twice ) as the appeals work their way up the court hierarchy.
In some cases, an application for " trial de novo " effectively erases the prior trial as if it had never taken place.
In some cases, an appellant may successfully argue that the law under which the lower decision was rendered was unconstitutional or otherwise invalid, or may convince the higher court to order a new trial on the basis that evidence earlier sought was concealed or only recently discovered.
Travel on highways outside of towns and cities in Angola ( and in some cases within ) is often not best advised for those without four-by-four vehicles.
They are herbaceous perennials, usually with bulbs, although in some cases they have short rhizomes.
In some cases, an introductory clause, called a preamble, is added attesting that the affiant personally appeared before the authenticating authority.
In some ways they represent a stronger opposition because they have the backing of many member provinces of the Anglican Communion and, in some cases, are or have been missionary jurisdictions of such provinces of the Communion as the Churches of Nigeria, Kenya, Rwanda, and the Southern Cone of America.

some and appellate
Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law " by leave " from the trial court and / or the appellate court.
Generally, there is no trial in an appellate court, only consideration of the record of the evidence presented to the trial court and all the pre-trial and trial court proceedings are reviewed — unless the appeal is by way of re-hearing, new evidence will usually only be considered on appeal in " very " rare instances, for example if that material evidence was unavailable to a party for some very significant reason such as prosecutorial misconduct.
In some systems, an appellate court will only consider the written decision of the lower court, together with any written evidence that was before that court and is relevant to the appeal.
In some places, the appellate court has limited powers of review.
In some jurisdictions, courts able to hear appeals are known as an appellate division.
Harvey A. Silverglate, a prominent defense attorney who represented Milken during the appellate process, disputes that view in his book Three Felonies a Day: “ Milken ’ s biggest problem was that some of his most ingenious but entirely lawful maneuvers were viewed, by those who initially did not understand them, as felonious, precisely because they were novel – and often extremely profitable .”
In some countries, such as the USA, the term is exclusively used for decisions from bodies discharging judicial functions, such as selected appellate courts and courts of first instance.
Decisions of one appellate department are not binding upon another, and in some cases the departments differ considerably on interpretations of law.
' He further observed that ' the only modes known to the common law to re-examine such facts was the granting of a new trial by the court where the issue was tried, or the award of a venire facias de novo, by the appellate court, for some error of law that had intervened in the proceedings.
In appellate review, error typically refers to mistakes made by a trial court or some other court of first instance in applying the law in a particular legal case.
For instance, in some state courts the prosecution can lodge an appeal after a defendant is acquitted: although the appellate court cannot set aside a not-guilty verdict due to double jeopardy, it can issue a ruling as to whether a trial court's ruling on a particular issue during the trial was erroneous.
Furthermore, appellate courts in such jurisdictions will not question the facts as found by a judge or jury in the trial court as long as there was some evidence in the record to support such findings, even if the appellate judge himself or herself would not have personally believed the underlying evidence if he or she had been present in the trial court when such evidence was entered into the record.
Traditionally, intentional contact between vehicles has been characterized as unlawful deadly force, though some U. S. federal appellate cases have mitigated this precedent.
The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals.
The appellate court " in view of the reckless conduct of the defendants in the flagrant copying that infringed the rights of Itar-Tass, the rights of the authors, and very likely some aspects of the limited protectable rights of the newspapers " left the injunction in force until the district court would, on remand, issue a new ruling.
The higher trial court may also have some power of appellate review over the lower.
The Constitutional Court is primarily an appellate court, hearing appeals on constitutional matters from the Supreme Court of Appeal or in some cases directly from the High Courts.
Unlike some other final appellate courts internationally, there is no automatic right of appeal to the Supreme Court of New Zealand.
In some states, the latter type of trial courts often also have appellate jurisdiction from the more specialized courts, and are therefore called superior courts to distinguish them from inferior courts.
It is also true that when a motion is made before or during trial that the lawyers conduct themselves before the judge in a manner similar to the presentation of the case on appeal, the lawyers present their arguments to the judge in a more conversational mode ; in some pre-trial proceedings these appearances may not be recorded by court stenographers as they are invariably recorded in appellate proceedings.
For example if the law is vague or broad enough to allow the appellate judge some discretion in his decision making, an exploration of the consequences of the possible decision outside of legal formalism may provide guidance.
Depending on state law, appeals are moved to appellate courts ( also called appeals courts, courts of appeals, superior courts, or supreme courts in some states ).

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