He defied the Boston hierarchy, and after they sent a small army to get him he befuddled the court, including John Cotton, with one of the most complicated religious discourses ever heard.

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.

The judge became ill just as the Colfax District Court convened, no substitute was brought in, no criminal cases heard, only 5 out of 122 cases docketed were tried, and court adjourned sine die after sitting a few days instead of the usual three weeks.

William A. Redding asserted that if the case had been heard in open court under rules of evidence, the testimony would have been completed in sixty days instead of five years.

Certain jurisdictions permit certain appeals to cause the trial to be heard afresh in the appellate court.

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.

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.

On January 8, 1982, just before the case was to be heard by the U. S. Supreme Court, President Ronald Reagan authorized his Treasury and Justice Departments to ask that the BJU case be dropped and that the previous court decisions be vacated.

When Confucius heard of the raid, he requested from Viscount Ji Huan to allow the duke and his court to retreat to a stronghold on his palace grounds.

All creditors are entitled to be heard by the court.

Dismissed by the district court, the case was heard on appeal and the Ninth Circuit issued its ruling on May 21, 2008.

Because it is a court of equity, there are no juries, and its cases are heard by the judges, called chancellors.

As father-in-law to the newly-widowed Robert Cecil, Cobham certainly possessed the influence at court to get his complaint heard quickly.

Generally, when a case has successfully overcome the hurdles of standing, Case or Controversy and State Action, it will be heard by a trial court.

Rabbi Chaim Noach Levin also wrote in his notes on Megillas Yuchsin that he heard directly from Rabbi Yosef Shaul Halevi, the head of the Rabbinical court of Lemberg, that when he wanted to go see the remains of the Golem, the sexton of the Alt-Neu Shul said that Rabbi Yechezkel Landau had advised against going up to the attic after he himself had gone up.

This meaning survived into the early nineteenth century: during a case heard in London in 1824 regarding the legal validity of a marriage ceremony consisting of nothing more than the groom placing a ring on the bride's finger before witnesses, a court official commented that the ceremony " amounted to nothing more than a broomstick marriage, which the parties had it in their power to dissolve at will.

A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff, while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction ( or a lower appellate court ) has heard the matter.

There are three ways a case can be heard in the Supreme Court: ( 1 ) filing directly in the Supreme Court ; ( 2 ) filing in a lower federal court, such as a district court, and appealing all the way up to the Supreme Court ; ( 3 ) filing in a state court, appealing all the way up through the state's highest courts, and then appealing to the Supreme Court on an issue of federal law.

Now let's look at the evidence that shows the increase in desegregation and such increase as a result of court order.

And she felt amply rewarded for her suffering when the evidence of Lee's quack shenanigans, gathered by the tape recorder under her friend's clothing, proved adequate in court for convicting Franklin D. Lee.

The evidence in court was testimony about the interview, which for Holmes lasted an hour, although at least one white student at Georgia got through this ritual by a simple phone conversation.

Instead of holding Lincoln in contempt of court as was expected, the judge, a Democrat, reversed his ruling, allowing the evidence and acquitting Harrison.

This is usually done on the basis that the lower court judge erred in the application of law, but it may also be possible to appeal on the basis of court misconduct, or that a finding of fact was entirely unreasonable to make on the evidence.

Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not.

Generally, there is no trial in an appellate court, only consideration of the record of the evidence presented to the trial court and all the pre-trial and trial court proceedings are reviewed — unless the appeal is by way of re-hearing, new evidence will usually only be considered on appeal in " very " rare instances, for example if that material evidence was unavailable to a party for some very significant reason such as prosecutorial misconduct.

In some systems, an appellate court will only consider the written decision of the lower court, together with any written evidence that was before that court and is relevant to the appeal.

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 some cases, an appellant may successfully argue that the law under which the lower decision was rendered was unconstitutional or otherwise invalid, or may convince the higher court to order a new trial on the basis that evidence earlier sought was concealed or only recently discovered.

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.

It purports to be a letter from Steele to a friend at court, who, in Miss Blanchard's opinion, could only be meant as Swift.

Since the Connally amendment has the effect of giving the same right to the other party to a dispute with the United States, it also prevents us from using the court effectively.

On motion of the Amici Curiae, the court directed that a ruling be obtained from the Commissioner of Internal Revenue as to the federal income tax consequences of the Government's plan.

Du Pont would be enjoined from having as a director, officer, or employee anyone who was simultaneously an officer or employee of General Motors, and no director, officer, or employee of Du Pont could serve as a director of General Motors without court approval.

The action was a result of a court order, the citation for which ( and for other court action mentioned in this paper ) is taken from the Summary Report for this Conference.

Additional school desegregation in Tennessee resulted from a court order opening a school serving children of military personnel.

that on the immediate horizon, if further large-scale ( relatively speaking ) desegregation comes, it will result from court orders on suits filed in several Middle-South states.

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.

Two members of the panel later told in court about receiving telephone calls at their homes from anonymous persons expressing interest in the trial.

The right to file an appeal can also vary from state to state ; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.

An appellate court is a court that hears cases on appeal from another court.

The winning party from the lower court, however, is now the respondent.

One example of this ( from the Queen's Bench in England ) is Doyle v Olby ( Ironmongers ) Ltd 2 QB 158, the claimant appealed ( successfully ) on the basis that, although he won in the court below, the lower court had applied the wrong measure of damages and he had not been fully recompensated.

Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law " by leave " from the trial court and / or the appellate court.

An appeal from the post conviction court proceeds just as a direct appeal.

The nature of this form can vary greatly from country to country and from court to court within a country.

For example, the appellant might have to file the notice of appeal with the appellate court, or with the court from which the appeal is taken, or both.