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 ; ;

A court may strike down a law on the basis of an intuitive feeling that the law is inimical to the numerical majority.

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 ; ;

`` The statements may be highly prejudicial to my client '', Bellows told the court.

`` Actually, the abuse of the process may have constituted a contempt of the Criminal court of Cook county, altho vindication of the authority of that court is not the function of this court '', said Karns, who is a City judge in East St. Louis sitting in Cook County court.

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.

An appeal " by leave " or " permission " requires the appellant to obtain leave to appeal ; in such a situation either or both of the lower court and the appellate court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.

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.

However, certain critical interlocutory court orders, such as the denial of a request for an interim injunction, or an order holding a person in contempt of court, can be appealed immediately although the case may otherwise not have been fully disposed of.

For example, a criminal defendant may be convicted in state court, and lose on " direct appeal " to higher state appellate courts, and if unsuccessful, mount a " collateral " action such as filing for a writ of habeas corpus in the federal courts.

In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.

If the appellate court does find a legal defect in the decision " below " ( i. e., in the lower court ), it may " modify " the ruling to correct the defect, or it may nullify (" reverse " or " vacate ") the whole decision or any part of it.

It may, in addition, send the case back (" remand " or " remit ") to the lower court for further proceedings to remedy the defect.

In some cases, an appellate court may review a lower court decision " de novo " ( or completely ), challenging even the lower court's findings of fact.

As all the convict records had been left behind in England, he could not do so, and the court ordered the captain to make restitution.

In some adversarial legislative systems, the court is permitted to make inferences on an accused's failure to face cross-examination or to answer a particular question.

If, however, the court finds that the current dispute is fundamentally distinct from all previous cases ( called a " matter of first impression "), judges have the authority and duty to make law by creating precedent.

Common law systems place great weight on court decisions, which are considered " law " with the same force of law as statutes — for nearly a millennium, common law courts have had the authority to make law where no legislative statute exists, and statutes mean what courts interpret them to mean.

In the 2011 court case AT & T Mobility v. Concepcion, the U. S. Supreme Court ruled in a 5-4 decision that the Federal Arbitration Act of 1925 preempts state laws that prohibit contracts from disallowing class action lawsuits, which will make it more difficult for consumers to file class action lawsuits.

Although the Hebrew Bible has many references to capital punishment, the Jewish sages used their authority to make it nearly impossible for a Jewish court to impose a death sentence.

If one is convicted at the district court, the defence can make an appeal on procedural grounds to the supreme court.

Defendants in civil actions usually make their first court appearance voluntarily in response to a summons.

He allowed his wife to attend the Queen at court, but only when he himself was not present, and stipulated that Burghley must make no further appeals to him on Anne's behalf.

If an application is denied by one judge of the FISC, the federal government is not allowed to make the same application to a different judge of the court, but must appeal to the United States Foreign Intelligence Surveillance Court of Review.

However, Price and Coleman married in 2007 ; and while they divorced in 2008, Price claimed in a court petition that she remained Coleman's common-law wife, sharing bank accounts and presenting themselves publicly as husband and wife, until his death ; an assertion that, if validated by the court, would make her the lawful heir.

The trial court does not proceed with the trial if the evidence is insufficient to make out a charge.

If they fail to answer, the person requesting can make an Application on Notice to the court and ask the procedural judge to make an order compelling the opponent to answer the questions.

She also believes that too much money has been diverted away from the juvenile court system and believes that the government should find some way to make the juvenile courts work effectively so as to prevent problems in troubled children and adolescents before these problems are exacerbated by the time these adolescents reach adulthood .< ref >

Having found for the plaintiff for a violation of the first law, the court then has the discretion to exercise judicial economy and refuse to make a decision on the remaining two claims, on the grounds that the finding of one violation should be sufficient to satisfy the plaintiff.

On May 28, 2004, the Diet of Japan enacted a law requiring selected citizens to take part in criminal court trials of certain severe crimes to make decisions together with professional judges, both on guilt and on the sentence.

The court found that the union, had it offered assistance to the plaintiff, would be in violation of its duty to protect the tenure of the accused member, and this judgment remains the precedent for cases in which union members who make complaints to the employer of racist or sexist harassment against member ( s ) of the same union cannot obtain union advice or assistance ; this applies irrespective of the merit of the complaint.

# Where the sentence for the offence to which the finding relates is fixed by law ( e. g. murder ), the court must make a hospital order restricting discharge without limitation of time.

# In any other case the court may make:

This occurs to justify a court decision on the basis of previous case law as well as to make it easier to use the decision as a precedent for future cases.

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.

The court can order lump sum payments, property adjustment orders ( e. g. requiring a property is transferred into the ownership of a husband or wife ), periodical payments ( known as ' maintenance ') and ( from 2000 ) pension sharing orders.

The court dismissed the lawsuit, concluding " that the sum of $ 1. 3 billion paid by Mr. Abramovich to Mr. Berezovsky and Mr. Patarkatsishvili did not represent the sale price of Mr. Berezovsky ’ s and Mr. Patarkatsishvili ’ s alleged Sibneft interest, but rather was a final lump sum payment in order to discharge what Mr. Abramovich regarded as his krysha obligations.

In 2006, an Irish court ordered the Dowses to pay an immediate lump sum of € 20, 000 to Tristan, maintenance of € 350 per month until he is 18 years of age, and a further lump sum of € 25, 000 when he reaches the age of 18.

The case eventually went to arbitration and was settled out of court for an undisclosed sum.

On a breach of contract by a defendant, a court generally awards the sum that would restore the injured party to the economic position they expected from performance of the promise or promises ( known as an " expectation measure " or " benefit-of-the-bargain " measure of damages ).

A court whose subject-matter jurisdiction is limited to certain types of controversies ( for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum ) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction.

In this deal nearly all utilisation and license rights, and the registered ABBA trademark, were sold for an unknown sum of money to PolyGram shortly before the ABBA members took him to court over royalty back payments.

The case was later settled out of court for an undisclosed sum ( donated to Comic Relief ); but many Viz readers believed that the comic had given permission for their use, leading to Top Tips submissions such as:

In June 1995, McDonald's offered to settle the case ( which " was coming up to its anniversary in court ") by donating a large sum of money to a charity chosen by the two.

An urban legend amongst Cambridge students claims that Trinity pays an undisclosed sum to the college annually with the condition that it will never build the fourth side of the square, so that Trinity may maintain the distinction of having the largest enclosed court of all colleges of Cambridge.

On 4 November 1891 the county court leased a room in the new courthouse to the first bank in Taney County, the new Taney County Bank, for the sum of $ 2. 00 per month.

And be it enacted that the President, cashier, each of the directors and officers of every institution established or to be established as aforesaid, offending against the provisions aforesaid shall forfeit a sum of $ 500 for each and every offence, and every person having any agency in circulating any note aforesaid, not stamped as aforesaid directed, shall forfeit a sum not exceeding $ 100, every penalty aforesaid to be recovered by indictment or action of debt in the county court of the county where the offence shall be committed, one-half to the informer and the other half to the use of the State ...

The case was ultimately settled out of court with Thomson receiving an undisclosed sum after she threatened to remove her material from the production.

:: When, therefore, this court adjudges, as it does now adjudge, that Congress cannot impose a duty or tax upon personal property, or upon income arising either from rents of real estate or from personal property, including invested personal property, bonds, stocks, and investments of all kinds, except by apportioning the sum to be so raised among the States according to population, it practically decides that, without an amendment of the Constitution — two-thirds of both Houses of Congress and three-fourths of the States concurring — such property and incomes can never be made to contribute to the support of the national government.

Eventually, the case was settled out of court, with the producers paying the retired champion a hefty sum and Jewison's agreement to make a statement on the DVD version that " Giardello no doubt was a great fighter.

The Superleague settled out of court for an undisclosed sum.

The case was later settled out of court and Williams was let out of her contract with an exit sum being paid to her ; Williams departure from the show was finalized.

The " Newtown Ejectment Case " was eventually settled out of court by the payment to Devine of an unknown sum of money said to have been " considerable ".

$ 27 billion was the sum total requested by plaintiffs, $ 18. 4 billion more than was eventually granted by the court.

Attempting to sum up, he improvises a brief and faltering speech, admitting how poorly he has handled the case, but cannot continue speaking and has to leave the court.

had transferred the required sum into Apatit's account at Khodorkovsky's bank Menatep and sent the financial documents to the court, so Apatit's lawsuit was thrown out.

The judge is required to sum up in open court to the assessors.

Bona fide debtors usually receive a discharge either immediately ( if they have practically no assets ) or within several months to several years from the onset of proceedings ( during which time the debtor is mostly required to pay a periodic sum, set by the court, that goes towards paying the creditors ).