The Court has then applied those standards not only to say what punishments are inherently cruel, but also to say what punishments that are not inherently cruel are nevertheless cruelly disproportionate to the offense in question.

The architectural historian Sir John Summerson asserts that the palace shows " the essence of Wolsey — the plain English churchman who nevertheless made his sovereign the arbiter of Europe and who built and furnished Hampton Court to show foreign embassies that Henry VIII's chief minister knew how to live as graciously as any cardinal in Rome.

However, the Supreme Court has nevertheless ruled since 1950 that such bodies may in fact limit the distribution of materials, if such a limitation is not based on the content of those materials and does not imply a complete impediment to any separate means of distribution.

While recognizing American law as not binding on them, the Australian Court nevertheless determined that the McCulloch decision provided the best guideline for the relationship between the Commonwealth federal government, and the Australian States, owing in large part to strong similarities between the American and Australian constitutions.

As the Court wrote: “ The case decided today, while perhaps a small new chapter in that course of decisions, rests nevertheless upon well-settled principles of our Commerce Clause jurisprudence .” And, the Court made it plain, that the problem with Clarkstown ’ s ordinance was that it created a local processing requirement protective of a local private processing company:

It was first recognized in Johnson v. M ' Intosh, 21 U. S. ( 8 Wheat ) 543 ( 1823 ). It very early became accepted doctrine in this Court that although fee title to lands occupied by Indians when the colonists arrived became vested in the sovereign – first the discovering European nation and later the original states and the United States – a right of occupancy in the Indian tribes was nevertheless recognized.

Since then, the Supreme Court has decided that numerous other freedoms that do not appear in the plain text of the Constitution are nevertheless protected by the Constitution.

Since then, the Supreme Court has decided that numerous other freedoms that do not appear in the plain text of the Constitution are nevertheless protected by the Constitution.

The Court of Criminal Appeal nevertheless refused to hold that Anderson's verdicts of guilty were unsafe and unsatisfactory, in the sense that the jury ought to have had a reasonable doubt as to his guilt.

The High Court of Justice agreed to delay a ruling by at least four months, and a temporary settlement was reached ( following the compromise proposed in 2005 by Menachem Mazuz ) wherein, although the JNF would be prevented from discriminating on grounds of ethnicity, nevertheless every time land is sold to a non-Jew, the ILA would compensate it with an equivalent amount of land, thus ensuring the total amount of land owned by Jewish Israelis remains the same.

He nevertheless studied law ( voted " Most Likely Never to Pass the Bar "), and although he rarely practices, he takes an absurd delight in losing cases, boasting of having put many criminals behind bars while acting as their defense attorney ; this is somewhat contradicted in the episode " The Addams Family Goes to Court ," where it is noted that while Gomez has never won a case, he has never lost one either (" Perfect record!

It was later included in a similar grant to Massachusetts Bay Colony ; nevertheless, in 1681 the heirs of John Mason petitioned the General Court of Massachusetts for possession of the grant, now colonized by several communities.

The Savings and Loan crisis, involving the failure of many savings and loan organizations across the United States hit Maryland near the end Hughes ' tenure with the run at Old Court Savings and Loans, but nevertheless steps were taken to insure Maryland savings and loans organizations.

On December 9, 1982, Republican Governor William Milliken nevertheless appointed Riley to the Court to fill the vacancy caused by the death of Justice Blair Moody on November 26.

The opinion given by the Supreme Court is in the form of a judicial decision but is not legally binding ; nevertheless, no government has ever ignored the opinion.

The doctrine of International Shoe is broad, but the Court has recognized that it has limits, nevertheless.

2891 ( 1993 ), was a controversial United States Supreme Court case which held that foreign companies acting in foreign countries could nevertheless be held liable for violations of the Sherman Antitrust Act if they conspired to restrain trade within the United States, and succeeded in doing so.

The governor nevertheless decided to file an amicus brief, and Lake presented the state's case in defense of segregation before the Supreme Court during hearings over " Brown II ".

The Court considered the converse of the Witte rule in United States v. Watts,, where it held that conduct of which the defendant had been acquitted could nevertheless support a sentence enhancement under the Guidelines.

The merger was nevertheless opposed by many members, with some people blocking the application to the Supreme Court for over six months.

In other words, the Court worried that the threat of an expensive lawsuit ( that was ultimately groundless ) would nevertheless encourage settlements, and thus payments by innocent defendants, particularly in the case of antitrust lawsuits, which have a long and very expensive discovery process.

The doctrines governing personal jurisdiction in the United States have spawned a great deal of discourse within the Supreme Court of the United States with many cases fine-tuning and elaborating upon the concept which has led to the test that we have today in which the overall scope of the test for determining whether a court may exert personal jurisdiction over a party has been expanded in certain respects and narrowed in others, but nevertheless in every case the United States Supreme Court has ruled that as a minimum such analyses must comport with the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

For almost a hundred years we relied upon state courts ( subject to review by the Supreme Court ) for the protection of most rights arising under national law.

Court practice heavily relied on traditional customs or rules described as customary.

Even during periods of stability, neither the Imperial Court in the capital nor local governments could be relied on to protect the interests of the commoners.

The Court finds that neither these incursions nor the alleged supply of arms may be relied on as justifying the exercise of the right of collective self-defence.

The Supreme Court ruled in Arizona v. Evans, and Herring v. United States ( 2009 ), that the exclusionary rule does not apply to evidence found due to negligence regarding a government database, as long as the arresting police officer relied on that database in " good faith " and that the negligence was not pervasive.

In describing what constituted " gross disproportionality ," the Court could not find any guidance from the history of the Excessive Fines Clause and so relied on Cruel and Unusual Punishment Clause case law:

Court eunuchs had a significant role in the power structure, as Emperors often relied on a few of them as confidants, which gave them access to many court documents.

In any event, while serving on the Supreme Court, Rehnquist made no effort to reverse or undermine the Brown decision, and frequently relied upon it as precedent.

The district court's decision was based upon the 9th Amendment, and the court relied upon a concurring opinion by Justice Arthur Goldberg in the 1965 Supreme Court case of Griswold v. Connecticut, finding in the decision for a right to privacy.

The Court then relied on section 1 to find the injunction against the picketing was just.

Hale's writings have been cited as recently as 1993, in the case of R v Kingston, where the Court of Appeal relied on his statement that " drunkenness is not a defence " to uphold a conviction.

The Supreme Court relied on Article III, Section 2 of the Constitution, which provides that the Supreme Court shall have appellate jurisdiction in " all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.

, which in turn was reversed by the U. S. Supreme Court in the Scott v. Harris case discussed above ; the extent to which Adams can continue to be relied on is uncertain.

* In O ' Connor v. Ortega,, the Court relied on T. L. O.

The primary statute the District Court relied on was NRS 258. 070 which states that constables shall added be peace officers in their township.

Chief Justice William Rehnquist Chief Justice William Rehnquist's majority opinion relied upon Roberts v. United States Jaycees, 468 U. S. 609, 622 ( 1984 ), in which the Supreme Court said: " Consequently, we have long understood as implicit in the right to engage in activities protected by the First Amendment a corresponding right to associate with others in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends.

However, in overruling Gobitis the Court primarily relied on the Free Speech Clause of the First Amendment rather than the Free Exercise Clause.

The Alabama Supreme Court then claimed the U. S. Supreme Court had relied on a " mistaken premise " and reinstated the contempt judgment, which the U. S. Supreme Court reversed again.

( The other half of the Court also found in favour of the claimants, but relied instead on section 7 of the Charter ).

However while the Court stated that the theory was able to fill in the details of judicial independence, the Court actually relied on the Charter to do so.