The Court upheld the taxpayer's contention that these `` kickbacks '' were not his income though they passed through his hands.

Following this ruling, Alford petitioned for a writ of habeas corpus in the United States District Court for the Middle District of North Carolina, which upheld the initial ruling, and subsequently to the United States Court of Appeals for the Fourth Circuit which ruled that Alford's plea was not voluntary, because it was made under fear of the death penalty.

While the constitution does not expressly state that these agreements are allowed, and constitutional scholars such as Laurence Tribe think they're unconstitutional, the U. S. Supreme Court has upheld their validity.

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.

The decision of the United States Supreme Court upheld the right to bridge navigable streams, therefore the bridge was allowed to remain.

DADT was upheld by five of the federal Courts of Appeal, The Supreme Court, in Rumsfeld v. Forum for Academic and Institutional Rights, Inc. ( 2006 ), unanimously held that the federal government could constitutionally withhold funding from universities, no matter what their nondiscrimination policies might be, for refusing to give military recruiters access to school resources.

The Court of Cassation, France's judicial court of last resort, upheld the ruling in March 1992.

In the United States, public school teacher unions, most notably the National Education Association ( the largest labor union in the USA ), argue against the idea of school vouchers for concern that it would erode educational standards and reduce funding, and that giving money to parents who choose to send their child to a religious or other school is unconstitutional ; however, the latter issue has been struck down by the Supreme Court case Zelman v. Simmons-Harris, which upheld Ohio's voucher plan in a 5-4 ruling.

These claims were rejected by the Ohio Supreme Court, but the federal claims were upheld by the local federal district court and by the Sixth Circuit appeals court.

The 8th Circuit Court of Appeals upheld the decision in October 2007.

The U. S. Supreme Court upheld the 8th Circuit Court's decision by declining to hear the case in June 2008.

The mandatory nature of such resolutions was upheld by the International Court of Justice ( ICJ ) in its advisory opinion on Namibia.

In Ford v. Wainwright 477 U. S. 399 ( 1986 ), the US Supreme Court upheld the common law rule that the insane cannot be executed.

Some U. S. states have begun to ban the use of the insanity defense, and in 1994 the Supreme Court denied a petition of certiorari seeking review of a Montana Supreme Court case that upheld Montana's abolition of the defense.

In 2006, the Supreme Court decided Clark v. Arizona upheld Arizona's limitations on the insanity defense.

The Court rejected O ' Hagan's arguments and upheld his conviction.

In February 1991, the United States Court of Appeals for the Fourth Circuit upheld Bakker's conviction on the fraud and conspiracy charges, but voided Bakker's 45-year sentence, as well as the $ 500, 000 fine, and ordered that a new sentencing hearing be held.

The summary judgment ruling was upheld by the Ninth Circuit Court of Appeals, but was unanimously reversed by the US Supreme Court in a decision titled MGM Studios, Inc. v. Grokster, Ltd.

In 2008, a three-judge panel of the U. S. Third Circuit Court of Appeals upheld the murder conviction but ordered a new capital sentencing hearing because the jury was improperly instructed.

) 171 ( 1796 ), the Court upheld a federal tax on carriages against a claim that the tax violated the " direct tax " provision of the Constitution.

Both protests were upheld by the Central American Court of Justice in rulings that were not recognized by either Nicaragua or the U. S. Both nations repealed the Bryan-Chamorro Treaty on 14 July 1970.

The Judiciary consists of two systems, regular courts and administrative courts, headed by the Supreme Court and the Supreme Administrative Court, respectively.

The Judiciary consists of a series of courts, of which the court of final adjudication is the Court of Final Appeal.

The federal judiciary is composed of the Higher Judicial Council, the Supreme Court, the Court of Cassation, the Public Prosecution Department, the Judiciary Oversight Commission, and other federal courts that are regulated by law.

Judicial power is exercised by the judiciary, consisting of the Supreme Court of Justice of the Nation, the Council of the Federal Judiciary and the collegiate, unitary and district tribunals.

Nonetheless, the Court stopped short of compelling Madison ( by writ of mandamus ) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established.

Marbury's argument is that in the Judiciary Act of 1789, Congress granted the Supreme Court original jurisdiction over petitions for writs of mandamus.

Marshall first examined the Judiciary Act of 1789 and determined that the Act purported to give the Supreme Court original jurisdiction over writs of mandamus.

" In denying his request, the Court held that it lacked jurisdiction because Section 13 of the Judiciary Act passed by Congress in 1789, which authorized the Court to issue such a writ, was unconstitutional and thus invalid.

They argue that Marshall selectively quoted the Judiciary Act of 1789, interpreting it to grant the Supreme Court the power to hear writs of mandamus on original jurisdiction.

The Judiciary power is vested on Tribunals and Courts of Civil Law and a nine-member Supreme Court of Justice, all of them independent of the executive and the legislature.

* Judiciary: The Constitutional Court, Supreme Court, Supreme Court of Arbitration and lower federal courts, whose judges are appointed by the Federation Council on the recommendation of the President, interpret laws and can overturn laws they deem unconstitutional.

The Judiciary is independent of the executive and the legislature and comprises a Supreme Court, appellate courts, and a Constitutional Court.

The Supreme Court is headed by a president, nominated by the King, proposed by the General Council of the Judiciary.

* 1981 – The Senate Judiciary Committee unanimously approves Sandra Day O ' Connor to become the first female justice of the Supreme Court of the United States

* 1789 – The United States Congress passes the Judiciary Act which creates the office of the United States Attorney General and the federal judiciary system, and orders the composition of the Supreme Court of the United States.

* Judiciary ( Court of Final Appeal and other courts and tribunals )-judiciary

The Judiciary Reorganization Bill of 1937, frequently called the court-packing plan, was a legislative initiative to add more justices to the Supreme Court proposed by U. S. President Franklin Roosevelt shortly after his victory in the 1936 presidential election.

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.

However, this Court put to one side without consideration the Government's appeal from the dismissal of its Sherman Act allegations.

`` 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 ''.

By these measures, Congress, so the Court ( in effect ) now decides, gave not only needless but inadequate relief, since it now appears that the federal courts have inherent power to sterilize the Act of 1875 against all proceedings challenging local regulation ''.

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.

To have applied statewide the decisions of the two cases heard in Superior Court, in my opinion, would have placed us clearly out of compliance with the Wagner-Peyser Act and would have immediately opened the way for the Secretary of Labor, were he so inclined, to notify the Governor of such noncompliance, set a date for hearing, and issue his finding.

* 1927 – Five Canadian women file a petition to the Supreme Court of Canada, asking, " Does the word ' Persons ' in Section 24 of the British North America Act, 1867, include female persons?

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.

Access Now v. Southwest Airlines was a case where the District Court decided that the website of Southwest Airlines was not in violation of the Americans with Disability Act because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace.

Section 39 of the Criminal Justice Act 1988 provides that common assault, like battery, is triable only in the magistrates ' court in England and Wales ( unless it is linked to a more serious offence, which is triable in the Crown Court ).

* 2007 – The Supreme Court of the United States upholds the Partial-Birth Abortion Ban Act in a 5-4 decision.

A court case allowing the União do Vegetal to import and use the tea for religious purposes in the United States, Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, was heard by the U. S. Supreme Court on November 1, 2005 ; the decision, released February 21, 2006, allows the UDV to use the tea in its ceremonies pursuant to the Religious Freedom Restoration Act.

In March 2009, U. S. District Court Judge Panner ruled in favor of the Santo Daime, acknowledging its protection from prosecution under the Religious Freedom Restoration Act.

In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable ( under Canadian law, following the rejection of the " Patently Unreasonable " standard by the Supreme Court in Dunsmuir v. New Brunswick ), Wednesbury unreasonable ( under British law ), or arbitrary and capricious ( under U. S. Administrative Procedure Act and New York State law ).

A provincial court ruled that the Lord's Day Act was unconstitutional, but the Crown proceeded to appeal all the way to the Supreme Court of Canada.

295 ), the Canada Supreme Court opined that the 1906 Lord's Day Act that required most places to be closed on Sunday did not have a legitimate secular purpose, and was an unconstitutional attempt to establish a religious-based closing law in violation of the Canadian Charter of Rights and Freedoms.

In the 2011 court case AT & T Mobility v. Concepcion, the U. S. Supreme Court ruled in a 5-4 decision that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class action lawsuits, which will make it more difficult for consumers to file class action lawsuits.

Under Tax Court of Canada Rules of Tax Court of Canada Act, a person who is found to be in contempt may be imprisoned for a period of less than two years or fined.

In English law ( a common law jurisdiction ) the law on contempt is partly set out in case law, and partly specified in the Contempt of Court Act 1981.

The Crown Court is a superior court of record under the Senior Courts Act 1981 and accordingly has power to punish for contempt of its own motion.

Magistrates ' Courts are not superior courts of record, but nonetheless have powers granted under the Contempt of Court Act 1981.

Under the Contempt of Court Act 1981 it is criminal contempt of court to publish anything which creates a real risk that the course of justice in proceedings may be seriously impaired.