Only when a decision is rendered by the District Court of Appeal ( or, of course, the Supreme Court ) is a binding precedent established.

The Attorney General of California concurs in this interpretation and has filed an appeal from these decisions to the District Court of Appeal.

* Court of Criminal Appeal ( disambiguation )

Three of the administrative courts serve as migration courts ( migrationsdomstol ) with the Administrative Court of Appeal in Stockholm serving as the Migration Court of Appeal ( Migrationsöverdomstolen ).

However, by 1906, the English Court of Appeal had made it clear in the decision of Automatic Self-Cleansing Filter Syndicate Co v Cunningham 2 Ch 34 that the division of powers between the board and the shareholders in general meaning depended on the construction of the articles of association and that, where the powers of management were vested in the board, the general meeting could not interfere with their lawful exercise.

The mid-tier Federal Court of Appeal is a single court that sits and hears cases in multiple cities, and thus mid-tier decisions have precedential value throughout Canada ( that is, unlike the United States, Canada is not divided into appellate circuits ).

* Court of Appeal ( disambiguation )

* Court of Criminal Appeal ( disambiguation )

Such settlement can be declared binding for all injured parties by the Amsterdam Court of Appeal ( section 7: 907 Dutch Civil Code ).

This section applies only to Federal Court of Appeal and Federal Court.

Judges from the Court of Final Appeal, High Court, District Courts along with members from the various tribunals and Coroner's Court all have the power to impose immediate punishments for contempt in the face of the court, derived from legislation or through common law:

It opened certain serious crimes ( including murder, manslaughter, kidnapping, rape, armed robbery, and serious drug crimes ) to a retrial, regardless of when committed, with two conditions: the retrial must be approved by the Director of Public Prosecutions, and the Court of Appeal must agree to quash the original acquittal due to " new and compelling evidence ".

The case was re-investigated in early 2005, when the new law came into effect, and his case was referred to the Court of Appeal in November 2005 for permission for a new trial, which was granted.

Therefore, judgments from the House of Lords and the Court of Appeal have greater authority than the lower courts such as the High Court and the County Court.

Rosenthal continued to file an appeal in the 2nd District Court of Appeal.

In October 1985, the California Supreme Court rejected Rosenthal's appeal of the multimillion-dollar judgment against him for legal malpractice, and upheld conclusions of a trial court and a Court of Appeal that Rosenthal acted improperly.

A Supreme Court served as the appellate tribunal ; a Constitutional Court with powers of judicial review was never constituted despite statutory authorization.

When the prosecution attempted to adduce evidence that this constituted insanity within the Rules, she changed her plea to guilty but on appeal, the Court ruled that she had been merely denying mens rea rather than raising a defence under the Rules and her conviction was quashed.

The Supreme Court found that the law constituted an unconstitutional ex post facto law, for it retroactively punished the offenses mentioned in the oath by preventing those who committed them from taking office.

In Wilkerson v. Utah,, the Supreme Court commented that drawing and quartering, public dissection, burning alive, or disembowelment constituted cruel and unusual punishment regardless of the crime.

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:

On June 19, 1987 the Supreme Court, in a seven to two majority opinion written by Justice William J. Brennan, ruled that the Act constituted an unconstitutional infringement on the Establishment Clause of the First Amendment, based on the three-pronged Lemon test, which is:

A 1976 U. S. Supreme Court case ruled that withholding health care from prisoners constituted " cruel and unusual punishment ".

The Court of Policy and the courts of justice, controlled by the plantation owners, constituted the center of power in British Guiana.

His lawyers appealed to the European Court of Human Rights, where they argued that the French court's denial of his appeal on a technicality ( rather than on the merits of the case ) constituted a violation of Papon's right to appeal his conviction.

New Haven County was constituted by an act of the Connecticut General Court on May 10, 1666, along with Hartford County, Fairfield County, and New London County.

Justices Breyer and Souter wanted to remand the case to the Florida Supreme Court to permit that court to establish uniform standards of what constituted a legal vote and then manually recount all ballots using those standards.

An Act of Parliament enacted on 8 February 1667 constituted a Court of Fire, tasked with dealing with property disputes over ownership, liability and the rebuilding of the city.

Congress addressed these issues in the Military Commissions Act of 2006, so that enemy combatants and unlawful enemy combatants might be tried under military commissions ; however, on 12 June 2008, the Supreme Court ruled, in Boumediene v. Bush, that Guantanamo Bay captives were entitled to access the US justice system, and that the military commissions as constituted under the Military Commissions Act of 2006 fell short of what was required of a court under the United States constitution ( see the section below for more details ).

Nanavati, a former chief justice of the Indian Supreme Court, constituted to examine allegations of Gujarat state administration's involvement in the riots of 2002 said that there was no evidence to implicate either Modi or his administration in the riots.

The Supreme Court upheld the law in Nixon, arguing that specificity alone did not invalidate the act because President constituted a " class of one.

Since the Court's decision in Roth v. United States, 354 U. S. 476 ( 1957 ), the Court had struggled to define what constituted constitutionally unprotected obscene material.

Initially, as the Irish senate had not been constituted and elected, the seat on the Presidential Commission intended for the Cathaoirleach of Seanad Éireann was filled by the President of the High Court under the Transitory Provisions of the Constitution.

The Mayor of Rochester was also Admiral of the Medway and this dignity was transferred to the Mayor of Medway when that unitary authority was created, along with the Admiralty Court for the river which is constituted as a committee of the council.

In June 2006, the decision was overturned by the Saskatchewan Court of Queen's Bench on the grounds that the trial judge failed to properly take into account that the remarks were uttered in the midst of an angry confrontation with a reporter, and therefore may not have constituted a " willful " promotion of hatred.

He joined the Court majority in voting to reinstate the death penalty in Gregg v. Georgia ( 1976 ), and, in 1983, he vigorously dissented from the Court's holding in the case of Solem v. Helm that a sentence of life imprisonment for issuing a fraudulent check in the amount of $ 100 constituted cruel and unusual punishment.

The US Supreme Court decision in Wallace v. Jaffree ( 1984 ) held that a moment of silence in schools for the purpose of individual prayer or meditation constituted a valid application of the Free Exercise Clause, while a moment of silence for the clear intended purpose of a state-approved devotional activity constituted a violation of the Establishment Clause.

While the breach of the obligations arising from the office of Member of the Commission calls, in principle, for the imposition of a penalty, the Court held that, having regard to the circumstances of the case, the finding of breach constituted, of itself, an appropriate penalty and, accordingly, decided not to impose on Cresson a penalty in the form of a deprivation of her right to a pension or other benefits.

However, the Court held that it was not bound by the legal characterisation of facts made in the context of the criminal proceedings and that it was for the Court, exercising its discretion to the full, to investigate whether the conduct complained of in proceedings brought under Article 213 ( 2 ) EC constituted a breach of the obligations arising from the office of Commissioner.

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.

Four ecclesiastical questions were presented by the General Court to Gorton: `` 1.

This Court agreed with the trial court `` that considerations of price, quality and service were not overlooked by either Du Pont or General Motors ''.

This claim, as submitted to the District Court and dismissed by it, 126 F.Supp.235, alleged violation not only of 7 of the Clayton Act, but also of 1 and 2 of the Sherman Act.

General Motors comprehensively contended that the Government plan would not be `` in the public interest '' as required by the mandate of this Court.

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.

`` We, the Subscribers, do agree, that as soon as a convenient Number of Persons have subscribed to this, or a similar Writing, We will present a petition to the Hon'ble General Court of the Commonwealth of Massachusetts, praying for an Act incorporating into a Body politic the subscribers to such Writing with Liberty to build such a Bridge, and a Right to demand a Toll equal to that received at Malden Bridge, and on like Terms, and if such an Act shall be obtained, then we severally agree each with the others, that we will hold in the said Bridge the several shares set against our respective Names, the whole into two hundred shares being divided, and that we will pay such sums of Money at such Times and in such Manners, as by the said proposed Corporation, shall be directed and required ''.

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.

In this view, supported by only three members of the Court, a power denied by the specific provisions of Article 3, was granted by the generality of Article 1.

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.

Meanwhile, the Supreme Court, like Congress, showed misgivings concerning this aspect of government by injunction.

Holding the final corporation entitled to sue on the claim, the Court cited the Seaboard, Novo Trading, and Roomberg cases for the proposition that `` transfers by operation of law or in conjunction with changes of corporate structure are not assignments prohibited by the statute ''.

`` It is a duty '', said Hough, `` not to let pass this opportunity of protesting against the methods of taking and printing testimony in Equity, current in this circuit ( and probably others ), excused if not justified by the rules of the Supreme Court, especially to be found in patent causes, and flagrantly exemplified in this litigation.

There is little doubt that they were promulgated by the Supreme Court as a direct result of the Selden patent suit.

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..

Under Formby's plan, an appointee would be selected by a board composed of the governor, lieutenant governor, speaker of the House, attorney general and chief justice of the Texas Supreme Court.

Petitions asking for a jail term for Norristown attorney Julian W. Barnard will be presented to the Montgomery County Court Friday, it was disclosed Tuesday by Horace A. Davenport, counsel for the widow of the man killed last Nov. 1 by Barnard's hit-run car.