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" The Court held that in order for school officials to justify censoring speech, they " must be able to show that action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint ," allowing schools to forbid conduct that would " materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.
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Some Related Sentences
Court and held
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.
The Court held that federal jurisdiction should not be exercised lest the domestic policy of the state be obstructed ; ;
The Court held that Congress had intended the federal judiciary to `` fashion '' an appropriate law of labor-management contracts.
However, the Federal Court held that since the State had accepted the provisions of the Wagner-Peyser Act into its own Code, and presumably therefore also the regulations, it was now a State matter.
The High Court held that the company must apply its percentage allowance to the value of the raw materials removed from the ground, not to the revenue from finished products.
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.
However, it was held by the Supreme Court that an affidavit can be used as an evidence only if the Court so orders for sufficient reasons.
The Act overturns a 1999 U. S. Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures ; it specifically provides that such impairment must be determined without considering such ameliorative measures.
The Supreme Court held that for the plea to be accepted, the defendant must have been advised by a competent lawyer who was able to inform the individual that his best decision in the case would be to enter a guilty plea.
As evidence existed that could have supported Alford's conviction, the Supreme Court held that his guilty plea was allowable while the defendant himself still maintained that he was not guilty.
" In the 1999 South Carolina Supreme Court case State v. Gaines, the Court held that Alford guilty pleas were to be held valid in the absence of a specific on-the-record ruling that the pleas were voluntary – provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant.
The Court held that a ruling that the plea was entered into voluntarily is implied by the act of sentencing.
In the 2006 case before the United States Court of Appeals for the Fifth Circuit, Ballard v. Burton, Judge Carl E. Stewart writing for the Court held that an Alford guilty plea is a " variation of an ordinary guilty plea ".
The Supreme Court of the United States held in its landmark case, McGowan v. Maryland ( 1961 ), that Maryland's blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution.
The school appealed the IRS decision all the way to the U. S. Supreme Court, arguing that the University met all other criteria for tax-exempt status and that the school's racial discrimination was based on sincerely held religious beliefs, that " God intended segregation of the races and that the Scriptures forbid interracial marriage.
" The university was not challenged about the origin of its interracial dating policy, and the District Court accepted " on the basis of a full evidentiary record " BJU's argument that the rule was a sincerely held religious conviction, a finding affirmed by all subsequent courts.
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.
In 1938, the U. S. Supreme Court in Erie Railroad Co. v. Tompkins 304 U. S. 64, 78 ( 1938 ), overruled earlier precedent, and held " There is no federal general common law ," thus confining the federal courts to act only as interpreters of law originating elsewhere.
Court and order
That the Court order does not unequally affect the Southern region??
A friend of mine in New Mexico said the Court order had caused no particular trouble out there, that all had gone as merry as a marriage bell.
I fought like a tigress but by the time I appealed my case to the Supreme Court ( 1937 ), Mr. Roosevelt and his `` henchmen '' had done their `` dirty work '' all too well, even going so far as to attempt to `` pack '' the highest tribunal in the land in order to defeat little me.
It accordingly refused to assume jurisdiction, whereupon the California Superior Court made the restraining order permanent.
In the federal courts, the parties ' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the Supreme Court.
Therefore an affidavit cannot ordinarily be used as evidence in absence of specific order of the Court.
In his 1972 book American Criminal Justice, Jonathan D. Caplan comments on the Supreme Court decision, noting, " The Alford decision recognizes the plea-bargaining system, acknowledging that a man may maintain his innocence but still plead guilty in order to minimize his potential loss.
By tradition, when the Justices are in conference deliberating the outcome of cases before the Court, the justices state their views in order of seniority.
A person can also be made bankrupt after a creditor's petition results in the making of a sequestration order in the Federal Magistrates Court.
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.
St. Gregory VII having, indeed, abridged the order of prayers, and having simplified the Liturgy as performed at the Roman Court, this abridgment received the name of Breviary, which was suitable, since, according to the etymology of the word, it was an abridgment.
Most famous is the order substituting corncobs and their husks, which was executed by Giuseppe Franzoni and employed in the small domed Vestibule of the Supreme Court.
* Willfully disobeys a process or order of the Court
Under Federal Court Rules, Rules 466, and Rule 467 a person who is accused of Contempt needs to be first served with a contempt order and then appear in court to answer the charges.
Similar procedures for serving an order first is also used at the Tax Court.
In Washington v. Alaimo the court listed more than seventy-five frivolous " motions " ( a request for a court to issue an order ), all of which required the attention of the Court, including the following:
On June 30, he showed a detention order, apparently signed June 26 by a Supreme Court judge, which ordered the armed forces to detain the president.
* 1974 – Watergate scandal: the United States Supreme Court unanimously ruled that President Richard Nixon did not have the authority to withhold subpoenaed White House tapes and they order him to surrender the tapes to the Watergate special prosecutor.
One of the provisions in that act was the controversial Section 215, which allows the Federal Bureau of Investigation ( FBI ) to make an application for an order from the Foreign Intelligence Surveillance Court requiring production of " any tangible thing " for an investigation.
Hours before Walter LaGrand was due to be executed, Germany applied for the Court to grant a provisional court order, requiring the United States to delay the execution of Walter LaGrand, which the court granted.
Germany then initiated action in the U. S. Supreme Court for enforcement of the provisional order.
The Supreme Court found that such an unadvised statement was admissible in evidence because " n a kaleidoscopic situation such as the one confronting these officers, where spontaneity rather than adherence to a police manual is necessarily the order of the day, the application of the exception we recognize today should not be made to depend on post hoc findings at a suppression hearing concerning the subjective motivation of the police officer ".
Mohammed Waheed Hassan Manik was sworn in as President of the Maldives on 7 February 2012, in connection to the resignation of President Nasheed amidst weeks of protests and demonstrations led by local police dissidents who opposed Nasheed ’ s 16 January order for the military to arrest Abdulla Mohamed, the Chief Justice of the Criminal Court.
Because Marbury filed his petition for the writ of mandamus directly in the Supreme Court, the Court needed to be able to exercise original jurisdiction over the case in order to have the power to hear it.
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