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.

Furthermore, U. S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before the trial court.

Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal.

It may also be based on Alfred's later having accompanied his father on a pilgrimage to Rome where he spent some time at the court of Charles the Bald, King of the Franks, around 854 – 855.

Salieri's first full opera was composed during the winter and carnival season of 1770 ; Le donne letterate and was based on Molière's Les Femmes Savantes ( The Learned Ladies ) with a libretto by Giovanni Gastone Boccherini a dancer in the court ballet, and a brother of the famous composer.

While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process ( United States ) or fundamental justice ( Canada ).

Since one person needs to cover the entire court, singles tactics are based on forcing the opponent to move as much as possible ; this means that singles strokes are normally directed to the corners of the court.

While the article specifically prohibits discrimination based on " sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status ", the last of these allows the court to extend to Article 14 protection to other grounds not specifically mentioned such as has been done regarding discrimination based on a person's sexual orientation.

( Due to a mistranslation, Soviet reports said Fermi's work was performed in a converted " pumpkin field " instead of a " squash court ", a mis-translation based on confusion between dual meanings of " squash ", the food-crop plant and the game.

Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies.

Districts are based roughly on the geographic divisions of the federal court system.

The court determines the right to jury based on all claims by all parties involved.

If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court ( ICC ), the relationship is expressly based on the principle of complementarity, i. e. the international court is subsidiary or complementary to national courts, the difficulty is avoided.

In the 1940s, new interpretations of John's reign began to emerge, based on research into the record evidence of his reign, such as pipe rolls, charters, court documents and similar primary records.

In the United States, Constitutional guarantees such as those included in the Fourth and Fifth amendments to protect an accused from unreasonable search and seizure or from self-incrimination have been referred to as " technicalities " by critics of court decisions based on them, even though they are foundations of the American legal system rather than obscure fine points.

Malaysia's legal system is based on English Common Law, alongside a Sharia court system for Malaysian Muslims.

Mustafa Demirbağ, his lawyer, explained his release as a combination of amnesty and penal reform: an amnesty in 2000 deducted 10 years from his time, the court then deducted his 20 years in the Italian prison based on a new article in the penal code, and he was then eligible to be paroled based on good behaviour.

She was given her own court based at Ludlow Castle and many of the royal prerogatives normally reserved for the Prince of Wales.

Defendants who have entered a plea of may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court.

The Judicial Committee of the Privy Council ( based in the United Kingdom ) serves as the highest appellate court.

Accordingly, if it is not repealed by the Congress at its present session, I shall have no alternative thereafter but to direct the Secretary of Defense to disregard the section unless a court of competent jurisdiction determines otherwise.

In the grand court of the Palace, notable for its tiers of Moorish galleries that looked down on the maelstrom of vehicles below, Vernon's station was at the entrance.

Litigants who choose to assert federal claims in a state court go into that court subject to its rules of procedure.

The jury also commented on the Fulton ordinary's court which has been under fire for its practices in the appointment of appraisers, guardians and administrators and the awarding of fees and compensation.

The jury said it found the court `` has incorporated into its operating procedures the recommendations '' of two previous grand juries, the Atlanta Bar Association and an interim citizens committee.

An appellee is the party to an appeal in which the lower court judgment was in its favor.

Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below.

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.

An affidavit is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings.

image: Goeldoric06390141. JPG | Doric columns support the roof of the lower court which forms the central terrace, with serpentine seating round its edge.

To give a schematic scenario by way of illustration: two men have clashed in the assembly about a proposal put by one of them ; it passed, and now the two of them go to court with the loser in the assembly prosecuting both the law and its proposer.

One of the circles in which this poetry and its ethic were cultivated was the court of Eleanor of Aquitaine ( herself the granddaughter of an early troubadour poet, William IX of Aquitaine ).

Arbor Day reached its height of popularity on its 125th anniversary in 1997, when David J. Wright, noticed that a Nebraska nonprofit organization called the National Arbor Day Foundation had taken the name of the holiday and commercialized it for their own use as a trademark for their publication " Arbor Day ," so he countered their efforts, launched a website, and trademarked it for " public use celebrations " and defended the matter in a federal district court in the United States to ensure it was judged as property of the public domain, the case was settled in October 1999.

Also, the court pointed out that, while Canada has the power to amend the line of succession to the Canadian throne, the Statute of Westminster stipulates that the agreement of the governments of the fifteen other Commonwealth realms that share the Crown would first have to be sought if Canada wished to continue its relationship with these countries.

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.

Four months after the court victory, the common ingredients of ayahuasca as well as harmala were declared stupéfiants, or narcotic schedule I substances, making the tea and its ingredients illegal to use or possess.

One play, The Demi-Virgin in 1921, prompted a court case because of its suggestive subject matter, including a risque game of cards, " Stripping Cupid ", where a bevy of showgirls teased the audience in their lingerie.

The use of abeyance in such instances can allow such an organization to ' settle ' with the party without officially binding its actions in the future, should a new group of decision makers within the organization choose to pursue taking the dispute to court.

She once had a neighbour's donkey castrated while looking after it, on the grounds of its " sexual harassment " of her own donkey and mare, for which she was taken to court by the donkey's owner in 1989.

Herald-Traveler Corp. fought the decision in court — by this time, revenues from channel 5 were all but keeping the newspaper afloat — but its final appeal ran out in 1972, and on March 19 WHDH-TV was forced to surrender channel 5 to the new WCVB-TV.

In 2000, after the U. S. version of the CBS program " Big Brother " premiered, the Estate of George Orwell sued CBS and its production company " Orwell Productions, Inc ." in federal court in Chicago for copyright and trademark infringement.

Told largely in the form of a first-person memoir, it concerns the rebuilding of the walls of Jerusalem by Nehemiah, a Jew who is a high official at the Persian court, and the dedication of the city and its people to God's laws ( Torah ).

The first was the late 7th century Deuteronomistic reform of official Judean religion under king Josiah, who banned many elements of the old polytheistic cult from the Temple, and the sudden collapse of Assyria and the rise of Babylon to take its place ; the second was exile of the royal court, the priests and other members of the ruling elite following the Babylonian destruction of Jerusalem c. 586 BCE.