In The Publick Spirit of the Whigs, it may be noted, Swift himself contemptuously dismissed Steele's reference to his friend at court: `` I suppose by the Style of old Friend, and the like, it must be some Body there of his own Level ; ;

Pallas also was dismissed from the court.

In 2002, O ' Donohue launched a court action that argued the Act of Settlement violates the Canadian Charter of Rights and Freedoms, but the case was dismissed by the court, which found that, as the Act of Settlement is part of the Canadian constitution, the Charter of Rights and Freedoms does not have supremacy over it.

If a plan cannot be confirmed, the court may either convert the case to a liquidation under chapter 7, or, if in the best interests of the creditors and the estate, the case may be dismissed resulting in a return to the status quo before bankruptcy.

Despite numerous similarities in phrasing and factual errors, the court found the evidence inadequate and dismissed the case.

Mirwais was sent as a prisoner to the Persian court in Isfahan but the charges against him were dismissed by the king, so he was sent back to his native land as a free man.

In the hypothetical example, this would assist the litigation process, because for example, if the injured person states that the driver ought to have alerted the third party, the driver may be aware that the law imposes no such duty, and can issue a motion ( or application ) to the court to have that part of the claim dismissed.

An appellate court dismissed the Patent Company's appeal, and officially terminated the MPPC in 1918.

The suit was dismissed by the judge, who said the court could not protect the legitimate part of the plaintiff's business in this case.

However, in November, the state's constitutional court dismissed the complaint against Porsch on technical grounds.

The court was asked to decide whether Mohawk Industries, along with recruiting agencies, constitutes an ' enterprise ' that can be prosecuted under RICO, but in June of that year dismissed the case and remanded it to Court of Appeals.

For example, if a complaining party files an action and then fails to cause the papers pertaining thereto to be served on the opposing party within the time established by local rules, and is unable to convince the court that there was good and sufficient reason for the delay, he risks having his action dismissed with prejudice.

Thus the Court's ruling would be nothing more than an advisory opinion ; therefore, the court dismissed the suit for failing to present a " case or controversy.

In Strunk v. United States,, the Supreme Court ruled that if the reviewing court finds that a defendant's right to a speedy trial was violated, then the indictment must be dismissed and / or the conviction overturned.

Three Texas voters challenged the election in a federal court in Dallas and then appealed the decision to the United States Court of Appeals for the Fifth Circuit, where it was dismissed.

The body may be dismissed by the president with the concurrence of the Constitutional Court ; because that court is subject to presidential appointment, the dismissal clause weights the balance of power heavily toward the executive branch.

Winnie Mandela's attempt to obtain a settlement up to US $ 5 million, half of what she claimed her ex-husband was worth, was dismissed when she failed to appear at court for a financial settlement hearing.

On the basis of their reports, the officials in these local administrations would be promoted, demoted, dismissed or prosecuted by the imperial court.

It is possible that the thin line between office and the status that accompanied it were dismissed in Palmyrene court, especially when the circumstance worked against the interests of a regime that were successful in doing what a number of Roman emperors could not: defeat the Persians.

Historian Edward Gregg dismissed the rumours as ungrounded, as her father was essentially exiled from court, and the Hanoverians planned to marry Prince George to his first cousin Sophia Dorothea of Celle as part of a scheme to unite the Hanoverian inheritance.

Nevertheless, as a result of the gossip, he was temporarily dismissed from court and despatched to Tangier.

As well as being a young stranger in a foreign court, she also saw most of her English retinue dismissed by the Emperor ; Henry V also wished that Matilda learn to speak German.

Along with James, she tended to be dismissed by a historical tradition, beginning with the anti-Stuart historians of the mid-17th century, which saw in the self-indulgence and vanity of the Jacobean court the origins of the English civil war.

The action of the Commission in allowing or denying any claim under this title shall be final and conclusive on all questions of law and fact and not subject to review by the Secretary of State or any other official, department, agency, or establishment of the United States or by any court by mandamus or otherwise.

if a receiver or trustee for any such partnership or corporation, duly appointed by a court of competent jurisdiction in the United States, makes an assignment of the claim, or any part thereof, with respect to which an award is made, or makes an assignment of such award, or any part thereof, payment shall be made to the assignee, as his interest may appear ; ;

If a litigant chooses to enforce a Federal right in a State court, he cannot be heard to object if he is treated exactly as are plaintiffs who press like claims arising under State law with regard to the form in which the claim must be stated -- the particularity, for instance, with which a cause of action must be described.

Federal law, though invoked in a State court, delimits the Federal claim -- defines what gives a right to recovery and what goes to prove it.

The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered.

Throughout the year, however, Gracen eluded a subpoena from Kenneth Starr to testify her claim in court.

In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and / or in which a class of defendants is being sued.

Class actions may be brought in federal court if the claim arises under federal law, or if the claim falls under 28 USCA § 1332 ( d ).

The court will also examine the ability of the firm to prosecute the claim for the plaintiffs, and their resources for dealing with class actions.

Solicitors must be careful when looking at older cases when quantifying a claim to ensure that the award is brought up to date and to take into account the court of appeal case in Heil v Rankin Generally speaking the greater the injury the greater the damages awarded.

When a personal injury claim is settled either in court or out of court, the most common way the compensation payment is made is by a lump sum award in full and final settlement of the claim.

After claiming this, Independent Counsel Kenneth Starr, who was investigating Clinton in the Paula Jones lawsuit, issued a subpoena to have her testify her claim in court.

In October 1595 Oxford wrote to his brother in law, Sir Robert Cecil of friction between himself and the ill-fated Earl of Essex, partly over his claim to the property, terming him ' the only person that I dare rely upon in the court '.

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.

Because such a defense or claim wastes the court's and the other parties ' time, resources and legal fees, sanctions may be imposed by a court upon the party or the lawyer who presents the frivolous defense or claim.

Specifically, the court must have both subject-matter jurisdiction over the matter of the claim and personal jurisdiction over the parties.

The court found that " Professor Behe's claim for irreducible complexity has been refuted in peer-reviewed research papers and has been rejected by the scientific community at large.

But since 1927, researchers digging into ancient court records and legal files have been able to find illuminating pieces of information.

His sense of urgency in this matter stems from the fact that court cases and juvenile arrests have more than doubled since 1948, each year showing an increase in offenders.

He was a very popular political figure, and since he was the Governor in the effective capital in the Roman West, he was a recognizable figure in the court of the Emperor Valentinian I. Ambrose never married.

Alexander died in April 1124 at his court at Stirling ; his brother David, probably the acknowledged heir since the death of Sybilla, succeeded him.

The backhand clear is considered by most players and coaches to be the most difficult basic stroke in the game, since precise technique is needed in order to muster enough power for the shuttlecock to travel the full length of the court.

However, a more modern approach has since developed, and in Dorchester Finance Co Ltd v Stebbing BCLC 498 the court held that the rule in Equitable Fire related only to skill, and not to diligence.

The impact Roman law had decreased sharply after the age of Bracton, but the Roman divisions of actions into in rem ( typically, actions against a thing or property for the purpose of gaining title to that property ; must be filed in a court where the property is located ) and in personam ( typically, actions directed against a person ; these can affect a person's rights and, since a person often owns things, his property too ) used by Bracton had a lasting effect and laid the groundwork for a return of Roman law structural concepts in the 18th and 19th centuries.

This sometimes leads to conflicting opinions since there is no one court which clearly has authority over the decisions of the other three.

However, since the lawsuit was filed in a state California court, the lawsuit was tossed out because only federal courts have jurisdiction over intellectual property issues.

" Like most Americans then and since, Story took individualism for granted ; on that basis, he simply could not comprehend a rule that allowed a court to bind someone who had never been a party to litigation purportedly conducted on his behalf.

One controversy that has broken out in bankruptcy courts since 2007 concerns the proper amount of disclosure that the court and other parties are entitled to receive from the members of the ad hoc creditor's committees that play a large role in many such proceedings.

He sent federal troops to Little Rock, Arkansas, for the first time since Reconstruction to enforce federal court orders to desegregate public schools, and signed civil rights legislation in 1957 and 1960 to protect the right to vote.

Although he had a reckless, unpredictable, and violent nature that precluded him from attaining any court or government responsibility and led to the ruination of his estate, Oxford was noted in his own time as a patron of the arts, lyric poet, and playwright, and since the 1920s he has been the most popular alternative candidate proposed for the authorship of Shakespeare's works.

In each shire a body of important men was sworn ( juré ) to report to the sheriff all crimes committed since the last session of the circuit court.

A district court has since held that the " Geneva Conventions applied to the Taliban detainees, but not to members of Al-Qaeda terrorist organization.

He declined an offer from the Dresden court, since he wanted to work with greater artistic freedom ; Telemann wanted a post similar to the one he had in Leipzig.

7 Issue 2, pp 431 – 446 ; a new field since the 1980s ; favourite topics are work, family, religion, crime, and images of women ; scholars are using women's letters, memoirs, poetry, and court records.

Often enormously complicated matters, ICJ cases ( of which there have been less than 150 since the court was created from the Permanent Court of International Justice in 1945 ) can stretch on for years and generally involve thousands of pages of pleadings, evidence, and the world's leading specialist public international lawyers.

However, neither the convention nor the subsequent protocol ever entered into force, since none of the signatories ever ratified it, and the court never came into existence.

# " Spearheading the shift from impunity to accountability ", pointing out that, until very recently, it was the only court judging crimes committed as part of the Yugoslav conflict, since prosecutors in the former Yugoslavia were, as a rule, reluctant to prosecute such crimes ;

Hong Kong's court system has been changed since the 1997 handover of sovereignty to the People's Republic of China.

The tycoon had often evaded subpoenas, not having testified in court since 1888.

Concluding quickly that since a writ of mandamus, by definition, was the correct judicial means to order an official of the United States ( in this case, the Secretary of State ) to do something required of him ( in this case, deliver a commission ), Marshall devotes the remainder of his inquiry at the second part of the question: " Whether it writ can issue from this court.

Thus, a federal district court that falls within the geographic boundaries of the Third Circuit Court of Appeals is bound by rulings of the Third Circuit Court, but not by rulings in the Ninth Circuit, since the Circuit Courts of Appeals have jurisdiction defined by geography.