Help


[permalink] [id link]
+
Page "Apple Computer, Inc. v. Microsoft Corporation" ¶ 5
from Wikipedia
Edit
Promote Demote Fragment Fix

Some Related Sentences

appeals and court
In 1910 it required the convening of a special three-judge court for the issuance of certain injunctions and allowed direct appeals to the Supreme Court.
This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses ( in some cases twice ) as the appeals work their way up the court hierarchy.
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.
Certain jurisdictions permit certain appeals to cause the trial to be heard afresh in the appellate court.
In an adversarial system, appellate courts do not have the power to review lower court decisions unless a party appeals it.
An appellate court, commonly called an appeals court or court of appeals ( American English ) or appeal court ( British English ), is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.
Many U. S. jurisdictions title their appellate court a court of appeal or court of appeals.
Historically, others have titled their appellate court a court of errors ( or court of errors and appeals ), on the premise that it was intended to correct errors made by lower courts.
Furthermore, U. S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court.

appeals and almost
It began invariably in low tones, almost conversational, and then gradually worked up to high, shrill appeals to God and man.
Most of the U. S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels ( most of the courts of appeal almost always sit in panels of three ), the earlier panel decision is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc ( that is, all active judges of the court ) or by a higher court.
The protest was supported almost exclusively by the Kikuyu, despite issues of land rights and anti-European, anti-Western appeals designed to attract other groups.
This congregation, to which appeals were made from the decisions of the vice-legate, was united to the Congregation of Loreto within the Roman Curia ; in 1774 the vice-legate was made president, thus depriving it of almost all authority.
In a court of appeals, an appeal is almost always heard by a " panel " of three judges who are randomly selected from the available judges ( including senior judges and judges temporarily assigned to the circuit ).
In the United States House of Representatives tradition, appeals are also possible, but rarely entered and almost never succeed.
He recommended extending the requirement to ask leave to appeal to almost all Appeal cases, to allow certain appeals to be heard at a lower level, to focus procedure, impose time limits on oral arguments and move judicial time more towards reading and less towards sitting in court.
Almost all appeals require permission, a major innovation from the previous system, where appeals were, on the request of counsel, almost all automatically put through.
" As events transpired ," reported Carl Sagan, whose own interest in science was nevertheless sparked by the Fair's gadgetry, " almost no real science was tacked on to the Fair's exhibits, despite the scientists ' protests and their appeals to high principles.
Unlike previous holders of the office, Taylor concentrated almost exclusively on appeals rather than acting as a trial judge.
Blaškić served almost nine years in prison before the appeals panel acquitted him of most of the charges in July 2004, as the defence proved that he did not command all the HVO units in the area or any paramilitary units.
Appeals from Australian courts to the Privy Council were initially possible, however the Privy Council ( Limitation of Appeals ) Act 1968 closed off all appeals to the Privy Council in matters involving federal legislation, and the Privy Council ( Appeals from the High Court ) Act 1975 closed almost all routes of appeal from the High Court.
Eric S. Raymond has proposed the glider as an emblem to represent the hacker subculture, as the Game of Life appeals to hackers, and the concept of the glider was " born at almost the same time as the Internet and Unix ".
The Century shares the role of flagship with the Toyota Crown Majesta with almost identical dimensions to the Century but with a more modern approach and appearance that appeals to younger buyers.
Over the following period, the document was recognized and advocated by hundreds of civic associations, while almost 4 million citizens signed appeals in favor of incorporating the 8th Point into electoral law.
However, the FCC let it be known that it would almost certainly reject any appeals and strip the licenses.
It is almost impossible in descriptive verse to obtain those vivid and impassioned appeals to the imagination that form the essence of genuine poetry, and it is unlikely that descriptive poetry, as such, will retake a prominent place in living literature.

appeals and affirmed
" Generally speaking, an appellate court's judgment provides ' the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified '".
The court of appeals affirmed the choice of applicable law made by the lower court.
The lower court's decision was affirmed by the appeals court, with BOWMAN, Circuit Judge, joined by ROSS and FAGG, Circuit Judges, dissenting.
The federal government appealed the district court rulings, which were then affirmed by three courts of appeals.
On February 26, 1999, a federal appeals court affirmed Nichols ' conviction and sentence.
In August 2002, the Supreme Court of Ohio affirmed the appeals court's decision.
On appeal, in Tilton v. Richardson, 6 F. 3d 683 ( 10th Cir. 1993 ), the 10th Court of appeals affirmed the dismissal on the grounds that 42 U. S. C.
The CAAF must review cases from all of the military services in which the court of criminal appeals has affirmed a death sentence, cases the Judge Advocates General order sent to the court, and cases appealed from the court of criminal appeals by the accused in which the CAAF finds good cause to grant the petition for review.
An appeals court in 2003 affirmed the denial of the building permit, with the judge ruling that, as the island was within the boundaries of the Tribe's reservation, the band should determine its future.
Bilski brought the rejection to the patent office's appeals board who affirmed the rejection, although citing the error of the examiner for basing his analysis on the technological arts.
Until June 2005, the Hazelwood standard was not considered to apply to public college and university newspapers, a decision most recently affirmed in the 2001 appeals court decision in Kincaid v. Gibson.
The district court held that the termination was unconstitutional, and the court of appeals affirmed.
The Supreme Court affirmed a court of appeals ' judgment, which agreed with the Secretary of Interior that operation of the federal Tellico Dam would eradicate an endangered species.

appeals and ruling
A July 6, 2011 ruling from a federal appeals court barred further enforcement of the U. S. military's ban on openly gay service members.
For example, an appellate court for one district could consider a ruling issued by an appeals court in another district.
Hildebert also complained to Honorius about the constant appeals to Rome whenever he made a ruling.
( Montreuil was initially prevented from changing her name despite this ruling on the grounds that she had not established general use, as normally required for a name change ; the Quebec appeals court finally authorized the change on November 7, 2002.
In extremely rare cases, the Supreme Court may grant the writ of certiorari before the judgment is rendered by the court of appeals, thereby reviewing the lower court's ruling directly.
A court of appeals may also pose questions to the Supreme Court for a ruling in the midst of reviewing a case.
Generally, a final ruling by a district court in either a civil or a criminal case can be appealed to the United States court of appeals in the federal judicial circuit in which the district court is located, except that some district court rulings involving patents and certain other specialized matters must be appealed instead to the United States Court of Appeals for the Federal Circuit, and in a very few cases the appeal may be taken directly to the United States Supreme Court.
Champlin ( 2003 ) perceives the expiations to Vulcan and Ceres in particular as attempted populist appeals by the ruling emperor, Nero.
On June 8, 2004, a federal appeals court upheld a ruling banning further Bible instructions as a violation of the First Amendment principle of " Separation of church and state ".
" Whenever the DOJ wins at the trial stage and the losing party appeals, the concerned division of the DOJ responds automatically and proceeds to defend the ruling in the appellate process.
On May 13, 1965, the Bundesgerichtshof ( highest German court of appeals ) refused to open trial against Augstein and Ahlers, ruling that during the affair Strauss had violated the boundaries and committed Freiheitsberaubung ( deprivation of personal freedom ); however, because of his belief of acting lawfully ( Verbotsirrtum ), he was exempt from punishment.
bnetd developer Ross Combs and EFF staff attorney Jason Schultz criticized the appeals court ruling, claiming the ruling means software and hardware vendors can use a DMCA-EULA combination to prevent otherwise lawful reverse engineering and chill the development of interoperable systems.
However, in Bridgeport Music, Inc. v. Dimension Films, such a ruling was overturned on appeal, the US appeals court explicitly declining to recognize a de minimis standard for digital sampling.
This ruling was upheld by the appeals court in Richmond, Virginia in 2000 and after the final appeal was declined to be heard by the U. S. Supreme Court, federal order of busing was ended in Charlotte-Mecklenburg and it was left in the hands of the city school board to decide how to redo the assignment policy for school attendance.
However, a recent ruling by a federal appeals court successfully granted a " temporary halt " to the FCC's enforcement of its indecency rules.
An appeals court ruled in favor of Xerox with regard to the original ruling that Palm had violated its patent but sent the case back down to the lower court to decide whether the patent was valid to begin with.
As such abolition did not affect appeals that were already underway, the last Privy Council ruling with respect to Canada did not take place until 1959, in
It has also been argued that his fellow judges had difficulty ruling on appeals from his decisions specifically because he rarely provided reasons.
In February 1989, an appeals court threw out $ 11. 5 million of the initial lawsuit, ruling that Adams could not seek compensation for emotional distress.
On Monday, August 31, 1987, a state appeals court judge halted the ban for at least a week pending a ruling after opponents against the ban brought a lawsuit.
In 2001 when he won a state appeals court ruling in the case.
The U. S. Supreme Court, ruling only on the " reverse passing off " claim, reversed the decisions of the appeals court and district court, ruling 8-0 in favor of Dastar.

0.518 seconds.