For instance, in some state courts the prosecution can lodge an appeal after a defendant is acquitted: although the appellate court cannot set aside a not-guilty verdict due to double jeopardy, it can issue a ruling as to whether a trial court's ruling on a particular issue during the trial was erroneous.

Subsequently, no appeal against lower court's verdict

Some historians maintain that that Ney's death penalty resulted from the military court's refusal to act in the case ; only the military court could have returned a verdict of " guilty under exceptional circumstances.

Public outcry over the appeal court's decision caused the federal government to pass a law ( commonly known as the Morgentaler Amendment ) preventing appeal courts from overturning a jury's not-guilty verdict.

As the press reported, " thousands and thousands of the anxious public " awaited the court's verdict ; ultimately, the court sided with Catherine Forrest and Willis's name was cleared.

On July 26, 2006, Lionel's bankruptcy judge ordered that Lionel submit a plan for emerging from bankruptcy within 75 days of the appeals court's verdict on the MTH lawsuit.

A motion for new trial asks to overturn or set aside a court's decision or jury verdict.

He had before him the court's verdict and was " convinced that no court in the world would have given any other verdict ", and so on.

In law, a motion to set aside judgment is an application to overturn or set aside a court's judgment, verdict or other final ruling in a case.

Yet, it affirmed the trial court's verdict.

In July 2010, the Supreme Court of Nepal postponed the verdict on an appeal filed by Sobhraj against a district court's verdict sentencing him to life imprisonment for the murder of American backpacker Connie Jo Bronzich in 1975.

Sobhraj had appealed against the district court's verdict in 2006, calling it unfair and accusing the judges of racism while handing out the sentence.

Similarly, whereas when two citizens have a dispute they can appeal to the courts to render a verdict and, more importantly, the law enforcement agencies to enforce the court's ruling, there is no body above nation-states that is capable of: establishing rules or laws for all the states, deciding how these apply in specific cases, and compelling the states to honor the court's ruling.

As the press reported, " thousands and thousands of the anxious public " awaited the court's verdict ; ultimately, the court sided with Catherine Forrest and Willis's name was cleared.

In Lochner v. New York, justice Oliver Wendell Holmes, Jr., arguing in dissent of the court's verdict that the Due Process Clause of the Fourteenth Amendment to the United States Constitution required state legislation to respect an individual's liberty of contract, famously wrote: " The Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics.

The defendant appealed the trial court's verdict, arguing the jury should have instead been instructed to consider " whether he acted bona fide to the best of his judgment ; if he had, he ought not to be responsible for the misfortune of not possessing the highest order of intelligence.

The court, composed of Tindal CJ, Park J and Vaughan J, rejected the defendant's argument, holding that the lower court's jury instructions were correct and therefore affirming the verdict.

Since the verdict was still pending for the 1993 case, they argued that the film would bias public opinion against them and affect the court's decision, an argument that was ultimately upheld by the court.

Under this standard, the appellate court gives deference to the lower court's view of the evidence, and reverses its decision only if it were a clear abuse of discretion.

In federal court, the Federal Rules of Criminal Procedure only allow a nolo contendere plea to be entered with the court's consent ; before accepting the plea, the court is required to " consider the parties ' views and the public interest in the effective administration of justice.

A federal district court's ruling that only González's father, and not his extended relatives, could petition for asylum on the boy's behalf was upheld by the 11th Circuit Court of Appeals.

Under the Clayton Act, only civil suits could be brought to the court's attention and a provision " permits a suit in the federal courts for three times the actual damages caused by anything forbidden in the antitrust laws ", including court costs and attorney's fees.

In spite of widespread speculation that Roberts only agreed to join the court's majority in upholding New Deal legislation, such as the Social Security Act, during the spring of 1937 because of the court packing plan, Hughes wrote in his autobiographical notes that Roosevelt's court reform proposal " had not the slightest effect on our court's decision " in the Parrish case and that the delayed announcement of the decision created the false impression that the Court had retreated under fire.

Though the law, by its language, was generally applicable to all banks not chartered in Maryland, the Second Bank of the United States was the only out-of-state bank then existing in Maryland, and the law was recognized in the court's opinion as having specifically targeted the U. S. Bank.

In particular, a denial of a writ of certiorari means that no binding precedent is created by the denial itself, and that the lower court's decision is treated as mandatory authority only within the region of jurisdiction of that court.

The Greek government chose to pay out of the " extraordinary natural disasters " fund, but was not obliged by the court's decision to return any lands ( the Court of Human Rights only awards monetary compensation ).

Therefore, the Court accepted the Minnesota court's conclusion that the ordinance reached only those expressions that constitute " fighting words " within the meaning of Chaplinsky.

Issuance of summary judgment can be based only upon the court's finding that:

Given only a short time to prepare, Wei was only able to demonstrate Viola's equivalent capabilities for local rather than remote files at the 2003 Eolas v. Microsoft trial, and thus fell short of proving prior art to the court's satisfaction.

He is the only Chief Justice other than Sir William Buell Richards to have served in that position without having first been a Puisne Justice on the court ( Richards was Chief Justice at the court's creation in 1875 ), and the only Chief Justice to have been appointed without any prior judicial experience.

FORBES stated in open court that ( 1 ) it was not the magazine's intention to state that Berezovsky was responsible for the murder of Listiev, only that he had been included in an inconclusive police investigation of the crime ; ( 2 ) there is no evidence that Berezovsky was responsible for this or any other murder ; ( 3 ) in light of the English court's ruling, it was wrong to characterize Berezovsky as a mafia boss ; and ( 4 ) the magazine erred in stating that Glouchkov had been convicted for theft of state property in 1982.

The only indisputable fact is that the court of Queen Bona was fed in an Italian fashion, because she exclusively employed Italian cooks, some of whom were originally hired to prepare parties for aristocratic families but who were soon serving typical Italian dishes as part of the court's daily menus.

The lower court's decision is only changed in cases of an " abuse of discretion ".

While the court's fundamental rights jurisprudence was approved by the institutions in 1977 and a statement to that effect was inserted into the treaties by the Maastricht Treaty, it was only in 1999 that the European Council formally went about the process of initiating the drafting a codified catalogue of fundamental rights for the EU.

Cruikshank and Presser v. Illinois, which reaffirmed it in 1886, are the only significant Supreme Court interpretations of the Second Amendment until the murky United States v. Miller in 1939, but both preceded the court's general acceptance of the incorporation doctrine and have been questioned for that reason.

The court's " advisory opinion " can be requested only by specific United Nations organisations, and is inherently non-binding under the Statute of the court.

The court's deliberations were short, only a few minutes being devoted to each individual.

Among the court's specific criticisms of adjudicator Bhabha's ruling were that he had refused to hear key evidence supporting Ms. Telfer ’ s version of events, often accepted Ms. Saadi ’ s version only on her say-so, and that the court could find no link between the evidence Bhabha heard and his conclusions.

On June 26, 1997, the Supreme Court upheld the Philadelphia court's decision in Reno v. American Civil Liberties Union, stating that the indecency provisions were an unconstitutional abridgement of the First Amendment right to free speech because they did not permit parents to decide for themselves what material was acceptable for their children, extended to non-commercial speech, and did not define " patently offensive ," a term with no prior legal meaning.

The Spanish Court of Appeals rejected the lower court's decision, and on appeal in April 2010 the Supreme Court of Spain upheld the Court of Appeals decision against conducting an official inquiry into the IDF's targeted killing of Shehadeh.

In March 1937, Associate Justice Owen Roberts, who had previously sided with the court's four conservative justices, shocked the American public by siding with Hughes and the court's three liberal justices in striking down the court's previous decision in the 1923 case Adkins v. Children's Hospital, which held that minimum wage laws where a violation of the Fifth Amendment's due process clause and were thus unconstitutional, and upheld the constitutionality of Washington state's minimum wage law in West Coast Hotel Co. v. Parrish.

On further appeal, the court's lack of jurisdiction was upheld by France's Conseil d ' Etat.

On April 2, 2009, the Mississippi Supreme Court unanimously upheld the lower court's ruling.

On November 13, 1956, the Supreme Court upheld the district court's ruling, leading to a city ordinance that allowed black bus passengers to sit virtually anywhere they wanted.

The appeals court agreed that the acts did indeed suggest " an intentional violation " of Rolax's rights, and that he " was detained and used for political purposes by his governor ," but upheld the trial court's decision that it was too late to sue.

Reich appealed the lower court's decision in October 1956, but the Court of Appeals upheld it on 11 December.

In 2004, the Kansas Appeals Court upheld the law as is, but the Kansas Supreme Court unanimously reversed the lower court's ruling on October 21, 2005, in State v. Limon.

The Court upheld the lower court's change of venue decision, it upheld the testimony of Ruby Bates, and reviewed the testimony of the various witnesses.

At appeal the lower court's decision was upheld but the fine was reduced to € 6, 500, reportedly due to Bishop Williamson's financial circumstances On 22nd February 2012 the higher court dismissed this conviction, finding that the initial charges against Bishop Williamson had been inadequately drawn, having failed to specify the nature of his offence, or at what point his filmed comments came under German jurisdiction, or in what sense he could be held liable for failing to prevent their publication in Germany.

600, which upheld a lower court's decision to exclude testimony by a psychiatrist who had administered several tests on the accused, including a penile plethysmograph:

Murphy is perhaps most well known for his vehement dissent from the court's ruling in Korematsu v. United States, which upheld the constitutionality of the government's internment of Japanese-Americans during World War II.

The Court unanimously upheld the lower court's decision, and the injunction against the amended Act.

On May 22, 2009, a three-judge panel of the U. S. Court of Appeals for the District of Columbia Circuit unanimously upheld the lower court's 2006 ruling.

The plaintiffs appealed the decision but on August 21, 2009 the United States Court of Appeals for the Second Circuit upheld the lower court's decision, finding that users did not have sufficient control over the playlists generated by LAUNCHcast to render it an " interactive service ".

This removal was upheld in the court's June 9 ruling.

2d 169 ( 2002 ), the California Supreme Court upheld the lower court's earlier decision.

On October 6, 1986 the Supreme Court upheld the lower court's decision.

However, the rule's common law status has been successfully used by defendants to overturn convictions as recently as 2003: the Supreme Court of Wisconsin upheld the year and a day rule in the case before it, but simultaneously abolished the rule for any later cases, noting the modern circumstances of homicide cases, in which there is " the specter of a family's being forced to choose between terminating the use of a life-support system and allowing an accused to escape a murder charge " and the court's finding that it is " unjust to permit an assailant to escape punishment because of a convergence of modern medical advances and an archaic rule from the thirteenth century ".