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Page "Leo Strauss" ¶ 13
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case and trial
But if true, it was the case of which he had dreamed, the case which would throw him into headlines all over America as the hero of a great murder trial.
But it is crucial that here, unlike Burford, the trial court was ordered to retain the case until the state courts had had a reasonable opportunity to settle the state-law question.
After reading his statement discharging the 23d ward case, Karns told Wexler that if the seven cases scheduled for trial also involved persons who had been subpenaed, he would dismiss them.
Then, when the case went to the jury, the judge excused one of the jurors, saying the juror had told him he had been accosted by masked men at his motel the night before the trial opened.
Generally, an appeal of the judgment will also allow appeal of all other orders or rulings made by the trial court in the course of the case.
This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only upon written submissions to the trial court and not on any trial testimony.
In the case of new evidence, there must be a high probability that its presence or absence would have made a material difference in the trial.
If a defendant has been convicted and can prove that his lawyer did not adequately handle his case and that there is a reasonable probability that the result of the trial would have been different had the lawyer given competent representation, he is entitled to a new trial.
After an appeal is heard, the " mandate " is a formal notice of a decision by a court of appeal ; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court.
In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case ; at least one intermediate appellate court ; and a supreme court ( or court of last resort ) which primarily reviews the decisions of the intermediate courts.
In the case of a scrutiny going to trial, there was the risk for the former officeholder of suffering severe penalties.
Alford was sentenced to thirty years in prison, after the trial judge in the case accepted the plea bargain and ruled that the defendant had been adequately apprised by his lawyer.
According to the book Gender, Crime, and Punishment published by Yale University Press, " Under the Alford doctrine, a defendant does not admit guilt but admits that the state has sufficient evidence to find him or her guilty, should the case go to trial.
Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial.
* 1818 – The case of Ashford v Thornton ends, with Abraham Thornton allowed to go free rather than face a retrial for murder, after his demand for trial by battle is upheld.
Most legal cases in adversarial systems do not go to trial ; this can lead to great injustice when the defendant has an unskilled or overworked attorney, which is likely to be the case when the defendant is poor.
On the eve of trial, the case settled worldwide to the parties ' " mutual satisfaction "; the amount that CBS paid to the Orwell Estate was not disclosed.
In almost every case, Jews were murdered, sometimes by a mob, sometimes following torture and a trial.
This case was investigated in 1947 in a war crimes trial, and of 30 Japanese soldiers prosecuted, five ( Maj. Matoba, Gen. Tachibana, Adm. Mori, Capt.
Refusing to litigate the case in one trial could result in different outcomes and inconsistent standards of conduct for the defendant corporation.

case and Socrates
The sentences " Socrates is not bald " and " it is not the case that Socrates is bald " both appear to have the same meaning, and they both appear to assert or presuppose the existence of someone ( Socrates ) who is not bald, so that negation takes narrow scope.
# Socrates then argues, and the interlocutor agrees, that these further premises imply the contrary of the original thesis, in this case it leads to: " courage is not endurance of the soul ".
: Either Socrates is mortal, or it is not the case that Socrates is mortal.
That is, the " middle " position, that Socrates is neither mortal nor not-mortal, is excluded by logic, and therefore either the first possibility ( Socrates is mortal ) or its negation ( it is not the case that Socrates is mortal ) must be true.
Sometimes such convictions, as in Socrates ' case, arise from a more general personal faith, at other times from anecdotal evidence such as Plato makes Socrates offer in the Myth of Er.
# Socrates then argues, and the interlocutor agrees, that these further premises imply the contrary of the original thesis, in this case it leads to: " courage is not endurance of the soul ".
Euclides is prompted to share his book when Terpsion wonders where he'd been: Euclides, who apparently can usually be found in the marketplace of Megara, was walking outside of the city and had happened upon Theaetetus being carried from Corinth to Athens with a case of dysentery and a minor war wound ; Euclides remarks that Socrates had made some uncanny predictions about Theaetetus needing to rise to fame.
" Putting words in the dead sophist's mouth, Socrates declares that Protagoras asserts with his maxim that all things are in motion and whatever seems to be the case, is the case for the perceiver, whether the individual or the state.
" While one may be tempted to think that Socrates and Plato sported " philosopher's beards ", such is not the case.
To deliver an apologia meant making a formal speech or giving an explanation to reply and rebut the charges, as in the case of Socrates ' defense.
In either case, the " Socrates " signifies Socrates, and the predicate signifies Wisdom.
( 132a-b ) Socrates ' reason for believing in the existence of a single Form in each case is that when he views a number of ( say ) large things, there appears to be a single character which they all share, viz.
Suárez maintains that, though the humanity of Socrates does not differ from that of Plato, yet they do not constitute realiter one and the same humanity ; there are as many " formal unities " ( in this case, humanities ) as there are individuals, and these individuals do not constitute a factual, but only an essential or ideal unity (" ita ut plura individua, quae dicuntur esse ejusdem naturae, non sint unum quid vera entitate quae sit in rebus, sed solum fundamentaliter vel per intellectum ").
Another account of the theory is found in Plato's Meno, although in that case Socrates implies anamnesis ( previous knowledge of everything ) whereas he is not so bold in Phaedo.
Since the person in Socrates ' story is able to provide correct answers to his interrogator, it must be the case that his answers arose from recollections of knowledge gained during a previous life.
Russell commented on Judge McGeehan that, " As an Irish Catholic, his views were perhaps prejudiced ," and compared his case to the case against Socrates saying that " precisely the same accusations were brought — atheism and corrupting the young.

case and is
This is the only case in modern history of a people of Britannic origin submitting without continued struggle to what they view as foreign domination.
he is very close to being a mental case.
What was only a vague suspicion in the case of Sherlock Holmes now appears as a direct accusation: the private eye is in danger of turning into his opposite.
In the case of social decay, form is displaced simply by the process of dissolution with no form at the terminus of the process.
If many of the characters in contemporary novels appear to be the bloodless relations of characters in a case history it is because the novelist is often forgetful today that those things that we call character manifest themselves in surface behavior, that the ego is still the executive agency of personality, and that all we know of personality must be discerned through the ego.
This text from Dr. Huxley is sometimes used by enthusiasts to indicate that they have the permission of the scientists to press the case for a wonderful unfoldment of psychic powers in human beings.
There may be a case of this sort, but it is not one we wish to argue, here.
In any case but the last, such a course is sure to avenge itself upon the individual ; ;
The first thing to do is get her some money by a temporary but definite adjustment pending a final disposition of the case.
Such, he implies, is the case with his friend, who is not really a new convert himself but merely a favorer of new converts.
Although because of the important achievements of nineteenth century scholars in the field of textual criticism the advance is not so striking as it was in the case of archaeology and place-names, the editorial principles laid down by Stevenson in his great edition of Asser and in his Crawford Charters were a distinct improvement upon those of his predecessors and remain unimproved upon today.
That fact is very clearly illustrated in the case of the many present-day intellectuals who were Communists or near-Communists in their youth and are now so extremely conservative ( or reactionary, as many would say ) that they can define no important political conviction that does not seem so far from even a centrist position as to make the distinction between Mr. Nixon and Mr. Khrushchev for them hardly worth noting.
In any case, who ever thought that New York is typical of anything??
American history should clinch the case when Congress is asked to approve.
Senator Mundt's gross distortion of President Eisenhower's conversation into a denunciation of President Kennedy as too left wing, a statement Mr. Eisenhower declared to be entirely false, is another case in point.
The Connally amendment says that the United States, rather than the court, shall determine whether a matter is essentially within the domestic jurisdiction of the United States in a case before the World Court to which the United States is a party.
If the case is thus determined by us to be domestic, the court has no jurisdiction.
Besides the lack of an adequate ethical dimension to the Governor's case, one can ask seriously whether our lead over the Russians in quality and quantity of nuclear weapons is so slight as to make the tests absolutely necessary.
In my own case, I submit that such reasonable and fair exercise is woefully lacking.
In connection with any claim decided by the Commission pursuant to this Title in which an award is made, the Commission may, upon the written request of the claimant or any attorney heretofore or hereafter employed by such claimant, determine and apportion the just and reasonable attorney's fees for services rendered with respect to such claim, but the total amount of the fees so determined in any case shall not exceed 10 per centum of the total amount paid pursuant to the award.
in the case of a partnership or corporation, the existence of which has been terminated and on behalf of which an award is made, payment shall be made, except as provided in paragraphs ( 3 ) and ( 4 ), to the person or persons found by the Comptroller General of the United States to be entitled thereto ; ;

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