Therefore, the Court accepted the Minnesota court's conclusion that the ordinance reached only those expressions that constitute " fighting words " within the meaning of Chaplinsky.

Though Chief Justice Hughes would join the opinion of Roberts, he did not assign the majority opinion, a guideline usually required for court's most senior justice who agrees with the majority opinion, and let Roberts speak for the majority in his own words.

The court's finding of Constitutionality for the phrase, as well as the justifications noted above, have made it more difficult for US separationists to challenge other constitutionally questionable practices, such as tax exemption of churches, legislative and military chaplaincies, national holidays based on religious commemorations, the " Pray for Peace " postmark, and, in classrooms, required singing of the fourth stanza of America and the Star-Spangled Banner, both of which include religious phrases, and the required recitation at government events of the US Pledge of Allegiance, modified by an Act of Congress of June 14, 1954, to include the words " under God ", especially since each of these instances are regularly used by accommodationists to justify the other instances.

For his final words before being sent to prison, Clawson defended his right to practice his religion and challenged the court's ability to enforce a law aimed at destroying a particular establishment of religion in violation of the First Amendment to the United States Constitution.

# Zander, Law-Making Process p. 166 (" It is for the courts to construe statute's words and it is the court's duty in so doing to give effect to the intention of Parliament in using those words ").

For example, if a statutory provision or precedent had not been brought to the previous court's attention before its decision, the precedent would not be binding.

For example, a court's contempt powers arise sui generis and not from statute or rule.

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.

For example, if a plaintiff asserts damages of $ 30, 000 in hopes of winning an award of $ 25, 000 in small-claims court, the court will dismiss the case because the court does not have jurisdiction to hear cases in which the asserted damages exceed the court's maximum amount.

For the exercise of the court's jurisdiction, it is unnecessary for the victim of the violation of his or her rights to personally approach the court.

For each document filed, the court clerk inspects the document to ensure compliance with the court's rules on how legal documents should be formatted, verifies that the filer has not been declared a vexatious litigant, and confirms that the case number and caption are for a valid case.

Further, courts must follow their own proclamations of law made earlier on other cases, and honor rulings made by other courts in disputes among the parties before them pertaining to the same pattern of facts or events, unless they have a strong reason to change these rulings ( see Law of the case re: a court's previous holding being binding precedent for that court ).

Also, the court's walls, floor, and ceiling are legal playing surfaces, with the exception of court-specific designated hinders being out-of-bounds.

However, Frankfurter was also known for being one of court's most outspoken advocates of the judicial restraint philosophy of basing court rulings on existing law rather than personal or political considerations.

Referring to a minor, the term adjudicated refers to children that are under a court's jurisdiction usually as a result of having engaged in delinquent behavior and not having a legal guardian that could be entrusted with being responsible for him or her.

Three months after he started sitting as a judge he was transferred to the Court of King's Bench, where he was initially rather poor, being unfamiliar with the court's business.

The term " Potemkin Court " implies that the court's reason to exist is being called into question ; it differs from a kangaroo court in which the court's standard of justice is being impugned.

The court's dissenters argued that being subject to the jurisdiction of the United States meant not being subject to any foreign power — that is, not being claimed as a citizen by another country via jus sanguinis ( inheriting citizenship from a parent )— an interpretation which, in the minority's view, would have excluded " the children of foreigners, happening to be born to them while passing through the country ".

* gratis dictum: an assertion that a person makes without being obligated to do so, or also a court's discussion of points or questions not raised by the record or its suggestion of rules not applicable in the case at bar.

The court's deliberations were short, only a few minutes being devoted to each individual.

Those students from other parts of Alfred University were not within the court's jurisdiction as Alfred University did not meet the court's criteria for being a public institution.

However, the rule's common law status has been successfully used by defendants to overturn convictions as recently as 2003: the Supreme Court of Wisconsin upheld the year and a day rule in the case before it, but simultaneously abolished the rule for any later cases, noting the modern circumstances of homicide cases, in which there is " the specter of a family's being forced to choose between terminating the use of a life-support system and allowing an accused to escape a murder charge " and the court's finding that it is " unjust to permit an assailant to escape punishment because of a convergence of modern medical advances and an archaic rule from the thirteenth century ".

The dissenting Justices criticized the court's decision by suggesting that the original rationale for the " automobile exception " was being ignored.

After Theseus gives her leave to go to a shrine to die, one of the court's women reveals to him that she is functionally immune to the snake-bites ( immunity being necessary to ensure survival of priestesses ) by way of calculated doses of diluted venom-and will not die, but is using the effects of the bite as a ruse to facilitate her flight from Theseus ' justice.

* In August 2004, it confirmed a lower court's decision that Pinochet should lose his automatic immunity he acquired from being a former senator.

But the baby's brain damage is just as bad no matter what the cause of it, and it seems unfair that the difference between obtaining damage and being denied any remedy should depend on the court's application of negligence.

The case reached the United States Court of Appeals for the Ninth Circuit, which led to construction on the highway being halted until the court's final decision.

The Judge decided that the case should be thrown out, finishing her rhyme with " It is therefore this court's ultimate position

The appellate court will typically be deferential to the lower court's findings of fact ( such as whether a defendant committed a particular act ), unless clearly erroneous, and so will focus on the court's application of the law to those facts ( such as whether the act found by the court to have occurred fits a legal definition at issue ).

The failure to formally object at the time, to what one views as improper action in the lower court, may result in the affirmance of the lower court's judgment on the grounds that one did not " preserve the issue for appeal " by objecting.

— and it may be extended at the court's discretion.

The " service box " is formed by the short line — a solid red line running the court's width parallel to the front and back walls at a distance of 20 feet-and the service line parallels the short line and is 15 feet from the front wall.

The court's interpretation of the Convention's reach is at times subject to criticism as either too narrow or too wide.

However, jurors can be released from the pool for several reasons including illness, prior commitments that can't be abandoned without hardship, change of address to outside the court's jurisdiction, travel or employment outside the jurisdiction at the time of duty, and others.

However, as mere administrative divisions, departments can be rearranged at the discretion of each trial court's presiding judge in response to changing caseloads.

852, 853-55, 864 ( D. Or. 1991 ); see also Ash, 980 F. 2d at 586 ( incorporating the district court's account of the facts ).

In England now there is a system whereby the court gives the offender a " fine card " which is somewhat like a credit card ; at any shop that has a paying-in machine he pays the value of the fine to the shop, which then uses the fine card to pass that money on to the court's bank account.

Rupert was almost left behind in the court's rush to escape Ferdinand's advance on Prague, until Kryštof z Donína ( Christopher Dhona ), a court member, tossed the prince into a carriage at the last moment.

Provocation can be a relevant factor in a court's assessment of a defendant's mens rea, intention, or state of mind, at the time of an act of which the defendant is accused.

In some states, like Wisconsin, the mandatory membership requirement is implemented through an order of the state supreme court, which can be revoked or canceled at any time at the court's discretion.

Bowers was decided at a time when the court's privacy jurisprudence, and in particular the right to abortion recognized in Roe v. Wade, 410 U. S. 113 ( 1973 ), had come under heavy criticism.

" During the judge's questioning, spectators in the court's gallery frequently laughed at Fox's case.

In October 2004, the U. S. Supreme Court allowed a lower court's ruling to stand ( by refusing to hear the appeal ) that voided rules requiring ILECs to lease certain network elements ( such as local switching or the high-frequency portion of the loop ) at a cost-based regulated wholesale price to CLECs.

The court's regular meeting places are Seattle at the William K. Nakamura Courthouse, Portland at the Pioneer Courthouse, San Francisco at the James R. Browning U. S. Court of Appeals Building, and Pasadena at the Richard H. Chambers U. S. Court of Appeals, but panels of the court occasionally travel to hear cases in other locations within its territorial jurisdiction.

Given only a short time to prepare, Wei was only able to demonstrate Viola's equivalent capabilities for local rather than remote files at the 2003 Eolas v. Microsoft trial, and thus fell short of proving prior art to the court's satisfaction.

He is the only Chief Justice other than Sir William Buell Richards to have served in that position without having first been a Puisne Justice on the court ( Richards was Chief Justice at the court's creation in 1875 ), and the only Chief Justice to have been appointed without any prior judicial experience.