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The Court established the Madsen Test, which provides that injunctive relief can be granted when it is shown that the defendant has violated or imminently will violate some provision of law, there is a discernible danger of recurrent violations, and a following speech restrictive injunction may not burden speech more than necessary to serve a significant government interest.
Some Related Sentences
Court and established
Only when a decision is rendered by the District Court of Appeal ( or, of course, the Supreme Court ) is a binding precedent established.
The Alien and Sedition Acts were, however, never appealed to the Supreme Court, whose right of judicial review was not established until Marbury v. Madison in 1803.
On 20 June the deputies of the Third Estate took the Tennis Court Oath, swearing not to separate until a constitution had been established.
As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage, because the statute did not affirmatively require statutory solemnization and was silent as to preexisting common law.
The constitutionality of our income tax system — including the role played within that system by the Internal Revenue Service and the Tax Court — has long been established.
In 1990, Guineans approved by referendum a new constitution that inaugurated the Third Republic, and established a Supreme Court.
At the conference, the five countries signed the General Treaty of Peace and Amity of 1907, which established the Central American Court of Justice to resolve future disputes among the five nations.
After finding the door to their chamber locked and guarded, the Assembly met nearby on a tennis court and pledged the Tennis Court Oath on 20 June 1789, binding them " never to separate, and to meet wherever circumstances demand, until the constitution of the kingdom is established and affirmed on solid foundations.
The Court was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993.
* 2002 – The International Criminal Court is established to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.
The Federal Court of Pakistan remained the highest court until 1956, when the Supreme Court of Pakistan was established.
Finally, when it became clear that the English legal profession was firmly opposed to the reform proposals, the Appellate Jurisdiction Act 1876 removed the provisions for the abolition of the judicial functions of the House of Lords, although it retained the provisions that established the High Court and the Court of Appeal.
) 700 ( 1869 ), the Court asserted that the Constitution was established directly by the people, rather than being a compact among the states.
The Permanent Court of International Justice was provided for by the Covenant, but not established by it.
The revised Constitution of Monaco, proclaimed in 1962, abolished capital punishment, provided for female suffrage, established a Supreme Court to guarantee fundamental liberties and made it difficult for a French national to transfer his or her residence there.
Court and Madsen
In December 2010 Ekstra Bladet editor-in-chief Poul Madsen threatened to complain to the European Court of Justice after its submission of an application to Apple's App Store was rejected.
* Madsen v. Women's Health Center ( 1994 ) In a partial victory for Liberty Counsel, the United States Supreme Court defined the limits of injunctive relief available to abortion clinics against pickets and demonstrators.
Court and Test
" The Supreme Court ruled that the Ohio program did not violate the Establishment Clause, because it passed a five part test developed by the Court in this case, titled the Private Choice Test.
* 1973 – In handing down the decision in Miller v. California 413 US 15, the Supreme Court of the United States establishes the Miller Test for obscenity in U. S. law.
# Zone of Interest Test: There are in fact two tests used by the United States Supreme Court for the Zone of Interest
* William Anderson LaBach, The Supreme Court Fails Its First Test: Chisholm v. Georgia, Saarbrücken, Germany, VDM Verlag, 2009.
* Nowlin, Sanford, " Standardized Test Giants Lock Horns in Court over Allegedly-Stolen Secrets ", San Antonio Express-News, April 8, 2001.
Currently, the Supreme Court applies a three-pronged test to determine whether legislation comports with the Establishment Clause, known as the " Lemon Test ".
They had intended playing a team of New Zealand players signed with ARL clubs but the New Zealand Rugby League took out an injunction in the Federal Court preventing the ARL from using the terms " Test ", " Representative Team ", " New Zealand " or " All Golds ".
Although the counties asked the Court to overrule the Lemon Test and, necessarily, the inquiry into governmental purpose, the Court refused to do so.
The Supreme Court ruled that the Ohio program did not violate the Establishment Clause of the First Amendment to the United States Constitution, because it passed a five-part test developed by the Court in this case, titled the Private Choice Test.
After the war Phillips resumed his law practice, first in New Orleans and finally in 1867, after the Supreme Court voided the Test Oath of 1862, in Washington, D. C ..
This was demonstrated in a so-called " Test sentence ", ( Supreme Court, 12 January 1942, NJ 1942 / 271 ), in which the Supreme Court ruled that the Dutch judge was not permitted to contest the decrees of the occupying force on the basis of international law, in particular the 1907 regulation prescribed for a country at war.
Court and which
This seems like an attitude favoring a sort of totalitarian bureaucracy which, under a President of the same stamp, would try to coerce an uncooperative Congress or Supreme Court.
For lawyers, reflecting perhaps their parochial preferences, there has been a special fascination since then in the role played by the Supreme Court in that transformation -- the manner in which its decisions altered in `` the switch in time that saved nine '', President Roosevelt's ill-starred but in effect victorious `` Court-packing plan '', the imprimatur of judicial approval that was finally placed upon social legislation.
The Connally amendment says that the United States, rather than the court, shall determine whether a matter is essentially within the domestic jurisdiction of the United States in a case before the World Court to which the United States is a party.
On the basis of the findings which led to this conclusion, the Court remanded the case to the District Court to determine the appropriate relief.
By making inroads in the name of law enforcement into the protection which Congress has afforded to the marriage relationship, the Court today continues in the path charted by the recent decision in Wyatt v. United States, 362 U.S. 525, where the Court held that, under the circumstances of that case, a wife could be compelled to testify against her husband over her objection.
On review the Supreme Court, via Mr. Justice Frankfurter, found southern racial problems `` a sensitive area of social policy on which the federal courts ought not to enter unless no alternative to adjudication is open ''.
It is an issue which may well reach the Supreme Court of the United States before judicial finality is achieved.
In Maryland the Harford County Board of Education had prepared a desegregation plan which the Court approved but which a plaintiff had challenged ; ;
In 1912 the United States Supreme Court adopted a new set of rules of equity which became effective on February 1, 1913.
The September-October term jury had been charged by Fulton Superior Court Judge Durwood Pye to investigate reports of possible `` irregularities '' in the hard-fought primary which was won by Mayor-nominate Ivan Allen Jr..
Milton and Rosella Lovett of Cranston were awarded $55,000 damages from the state in Superior Court yesterday for industrial property which they owned at 83 Atwells Ave., Providence, and which was condemned for use in construction of Interstate Route 95.
The Supreme Court decision in mid-1960 was in the case of a company making sewer pipe from clay which it mined.
Lincoln appeared before the Illinois Supreme Court in 175 cases, in 51 as sole counsel, of which 31 were decided in his favor.
In the Supreme Court, in which review in most cases is available only if the Court exercises its discretion and grants a writ of certiorari.
Examples of such courts include the New Jersey Court of Errors and Appeals ( which existed from 1844 to 1947 ), the Connecticut Supreme Court of Errors ( which has been renamed the Connecticut Supreme Court ), the Kentucky Court of Errors ( renamed the Kentucky Supreme Court ), and the Mississippi High Court of Errors and Appeals ( since renamed the Supreme Court of Mississippi ).