The Lincoln Mills decision authorizes a whole new body of federal `` common law '' which, as Mr. Justice Frankfurter pointed out in dissent, leads to one of the following `` incongruities '': `` ( ( 1 ) conflict in federal and state court interpretations of collective bargaining agreements ; ;

It would also probably mean different things within the same state -- depending upon what court ( state or federal ) rendered decision.

The petition is made to a higher court for the purpose of overturning the lower court's decision.

The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered.

An appeal " by leave " or " permission " requires the appellant to obtain leave to appeal ; in such a situation either or both of the lower court and the appellate court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.

After exhausting the first appeal as of right, defendants usually petition the highest state court to review the decision.

Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not.

If the appellate court does find a legal defect in the decision " below " ( i. e., in the lower court ), it may " modify " the ruling to correct the defect, or it may nullify (" reverse " or " vacate ") the whole decision or any part of it.

In some cases, an appellate court may review a lower court decision " de novo " ( or completely ), challenging even the lower court's findings of fact.

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.

Under this standard, the appellate court gives deference to the lower court's view of the evidence, and reverses its decision only if it were a clear abuse of discretion.

On the other hand, the appellate court normally gives less deference to a lower court's decision on issues of law, and may reverse if it finds that the lower court applied the wrong legal standard.

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.

After an appeal is heard, the " mandate " is a formal notice of a decision by a court of appeal ; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court.

Counsel for the Government invited Du Pont's views on this proposal before recommending a specific program, but stated that if the court desired, or if counsel for Du Pont thought further discussion would not be profitable, the Government was prepared to submit a plan within thirty days.

If a litigant chooses to enforce a Federal right in a State court, he cannot be heard to object if he is treated exactly as are plaintiffs who press like claims arising under State law with regard to the form in which the claim must be stated -- the particularity, for instance, with which a cause of action must be described.

The Supreme Court of Virginia has stated that '" This Court has repeatedly held that the effect of an appeal to circuit court is to " annul the judgment of the inferior tribunal as completely as if there had been no previous trial.

The government took no action, and handed the final parts of Bakassi over to Cameroon on 14 August 2008 as planned, but a Federal High Court had stated this should be delayed until all accommodations for resettled Bakassians had been settled ; the government did not seem to plan to heed this court order, and did set the necessary mechanisms into motion to override it.

The court, led by Lord Camden stated that,

Insolvency proceedings under state law, the study stated, are currently faster, less expensive, and more private, with some states not even requiring court filings.

Although Adams was finally found innocent after years of being processed by the legal system, the judge in the habeas corpus hearing officially stated that, " much could be said about those videotape interviews, but nothing that would have any bearing on the matter before this court.

In 1768, when court intrigue prevented the performance of La Finta Semplice ( K. 51 ) for which a twelve-year-old Wolfgang Amadeus Mozart had composed 500 pages of music, Mesmer is said to have arranged a performance in his garden of Mozart's Bastien und Bastienne ( K. 50 ), a one-act opera, though Mozart's biographer Nissen has stated that there is no proof that this performance actually took place.

Colonel Inestroza later stated that deporting Zelaya did not comply with the court order: " In the moment that we took him out of the country, in the way that he was taken out, there is a crime.

It further stated that a person under the death penalty is entitled to a competency evaluation and to an evidentiary hearing in court on the question of his competency to be executed.

In SEC v. Texas Gulf Sulphur Co. ( 1966 ), a federal circuit court stated that anyone in possession of inside information must either disclose the information or refrain from trading.

In late March 2002, a Dutch court of appeal reversed an earlier judgment and stated that Kazaa was not responsible for the actions of its users.

The district court stated: " The conclusion is clear that interposition is not a constitutional doctrine.

The United States Supreme Court has stated that where a court gives multiple reasons for a given result, each alternative reason that is " explicitly " labeled by the court as an " independent " ground for the decision is not treated as " simply a dictum.

The court rejected the argument that the treatments to which Pitcherskaia had been subjected did not constitute persecution because they had been intended to help her, not harm her, and stated " human rights laws cannot be sidestepped by simply couching actions that torture mentally or physically in benevolent terms such as ' curing ' or ' treating ' the victims.

1985 ), the court stated " Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury.

It is stated in the Sikh texts that Guru Nanak while in deep meditation by a river was called to the court of God where he received direct revelations from God for three days.

As stated in Brewer v. Williams,, the right to counsel “ at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment .” Brewer goes on to conclude that once adversary proceeding have begun against a defendant, he has a right to legal representation when the government interrogates him and that when a defendant is arrested, “ arraigned on arrest warrant before a judge ,” and “ committed by the court to confinement ,” “ here can be no doubt that judicial proceedings ha been initiated .”

The court stated:

If the accused appeared, the accuser stated the case, and the investigation proceeded by the examination of witnesses as in an ordinary court of law.

Another theory stated that Bolesław I spent some time during the 980s at the court of his maternal uncle, Duke Boleslav II the Pious of Bohemia.

If the court felt that it had the power to review legislation under the Commerce clause, Lessig argued, then the Copyright clause deserved similar treatment, or at very least a " principled reason " must be stated for according such treatment to only one of the enumerated powers.

A British court once stated that the technical character test implies a " restatement of the problem in more imprecise terminology ".

Condit initiated a lawsuit against Vanity Fair writer Dominick Dunne in a New York federal court in late 2002 for $ 11 million, claiming that statements made by Dunne about Condit defamed him ; the comments indicated that Condit ordered the death of Levy in 2001.

Zedler seems to have also given up his own bookstore, because an advertisement for the Easter Fair of 1739, published in the New Learned Papers, said that the two most recent encyclopedia volumes were available from " Wolf's vault, Auerbach court ".

The Priory was also granted the rights to a weekly fair ; and this was established within the outer court along the line of the modern Cloth Fair ; leading to a Fair Gate.

The black-and-white costumes designed by Cecil Beaton for the Royal Ascot sequence in My Fair Lady were inspired by the " Black Ascot " of 1910, when the court was in mourning for Victoria's son, Edward VII.

* Archdeaconry court case from Atherstone Fair with 18th-century Bracebridge estate map of the town showing the market square.

In 2006, a federal court judge determined that the condominium association ’ s rule did not violate the Federal Fair Housing Act ; the district court upheld the opinion on appeal in 2008 ; in 2009, the U. S. Court of Appeals for the 7th Circuit in Chicago reversed the 2008 decision, and the case proceeded.

Fair days had their own court of Pye Powder ( a corruption of the French for " dusty feet "), presided over by the mayor and held to settle disputes arising from the day's dealings.

The case was notable because Polanski was living in France as a fugitive from U. S. justice, and never appeared in the London court for fear he would be extradited to the U. S. Graydon Carter, editor of Vanity Fair, responded, " I find it amazing that a man who lives in France can sue a magazine that is published in America in a British courtroom.

Kunstler brought the first federal case under Title IX of the Civil Rights Act of 1964, which allowed the removal of cases from county court to be appealed ; the defendants were protestors at the 1964 New York World's Fair.

Built in a 23, 000-square-metre area, the Hangar Convention and Fair Center of the Amazon has 12 rooms, ticket offices, baggage keeping, press room, and a food court, distributed in two big buildings with a parking lot for 800 vehicles.

For example, he wrote for the court in United States v. Darby Lumber Co.,, which upheld challenged provisions of the Fair Labor Standards Act of 1938.

His daughter Joanna I of Navarre not yet being of age, the country was once more invaded from all sides, and the queen mother, Blanca, with her daughter sought refuge at the court of Philip the Bold of France, whose son, Philip the Fair, had become engaged to the daughter and married Joanna in 1284.

Fair wards of court have faded into mothers and grandmothers ; a long procession of Chancellors has come in and gone out ; the legion of bills in the suit have been transformed into mere bills of mortality ; there are not three Jarndyces left upon the earth perhaps since old Tom Jarndyce in despair blew his brains out at a coffee-house in Chancery Lane ; but Jarndyce v Jarndyce still drags its dreary length before the court, perennially hopeless.

For the next decade Weerbeke seems to have been associated with several courts, including Milan, the court of Philip the Fair, and possibly the Medici in Florence.

Recent acquisitions, either through purchase or donation, include works by Salvador Dalí, Mark Dion, Andrew Moore ’ s photographs from Robert Moses and the Modern City, a collection of 20th century photographs from the 1964 World ’ s Fair Kodak Pavilion, crime scene photographs from the Daily New Archive 1920 ’ s-1960 ’ s, and nearly 1000 drawings by the court reporter and political cartoonist, William Sharp.

Designed for the nation's premier equestrian competition, the Kentucky State Fair World's Championship Horse Show, the floor length and permanent seating were designed specifically for the almost-long show ring ( in comparison, a regulation hockey rink is long, and a basketball court is only 94 feet ).

* The Sunshine Season Food Fair ( 1994 – 2004 )-The second name given to the " The Land's " food court.

The original 1965 " Fair Game Law " is listed as a reference for GO staff in its confidential Intelligence Course, which was later entered into evidence in a US Federal court case in 1979.

A series of court cases in England in the 1970s saw Fair Game being strongly criticized by senior judges.

In the March 11 – 16, 1981, Danish court case of Jakob Anderson vs The Church Of Scientology of Denmark, ex-Guardian's Office operative Vibeke Damman testified that the Church did in fact practice Fair Game and had done so in Anderson's case, in an attempt to get Anderson committed to a psychiatric hospital.