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court and rejected
In October 1985, the California Supreme Court rejected Rosenthal's appeal of the multimillion-dollar judgment against him for legal malpractice, and upheld conclusions of a trial court and a Court of Appeal that Rosenthal acted improperly.
These claims were rejected by the Ohio Supreme Court, but the federal claims were upheld by the local federal district court and by the Sixth Circuit appeals court.
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.
" However, five experts testified on behalf of Thomas that AIDS is not transmitted through casual contact, and the court affirmed the " solid science " ( as Mr. Huber called it ) and rejected Dr. Armentrout's argument.
In December 1868 the court rejected a motion to nullify the indictment, but the prosecution dropped the case in February 1869.
In a similar case arising from Louisiana's interposition act, Bush v. Orleans Parish School Board, 364 U. S. 500 ( 1960 ), the Supreme Court affirmed the decision of a federal district court that rejected interposition.
The federal courts rejected their argument on grounds of procedural default, which provides that issues cannot be raised in federal court appeals unless they have first been raised in state courts.
The embassy was further rejected by the Chinese Ming court, which now became less interested in new foreign contacts.
An initial appeal was rejected, but in a subsequent court proceeding in 1918, the birth control movement won a victory when Judge Frederick E. Crane of the New York Court of Appeals issued a ruling which allowed doctors to prescribe contraception.
While the patent was initially rejected by the patent office as being a purely mathematical invention, following 12 years of appeals, Pardo and Landau won a landmark court case at the CCPA ( Predecessor Court of the Federal Circuit ) overturning the Patent Office in 1983 — establishing that " something does not cease to become patentable merely because the point of novelty is in an algorithm.
The court rejected that argument, holding:
The court rejected this argument, holding that the state was permitted to regulate his speech as an employee of the state:
The court rejected this argument ( Scopes v. State, 154 Tenn. 105, 1927 ), holding that the determination of what laws cherished science was an issue for the legislature, not the judiciary:
Writing for the court, Chief Justice Grafton Green rejected this argument, holding that the Tennessee Religious Preference clause was designed to prevent the establishment of a state religion as had been the experience in England and Scotland at the writing of the Constitution, and held:
In 1928, a US court rejected General Electric's attempt to patent it, overturning granted in 1913 to William D. Coolidge.
In Luther v. Borden,, the Court rejected the notion that the republican character of states lay within the purview of judicial review, holding that “ it rests with Congress to decide what government is the established one in a State ... as well as its republican character .” In effect, the court held the clause to be non-justiciable.
Elevated by his Magister militum, Gundobad, Glycerius ’ elevation was rejected by the court at Constantinople, and he was ousted by Julius Nepos.
A separate challenge to the provisions governing obscenity, known as Nitke v. Gonzales, was rejected by a federal court in New York in 2005.
The court examined and rejected the State's argument that same-sex marriages would do harm by weakening the link between marriage and child rearing, based largely on the arguments provided by the plaintiffs.
) The court also rejected as an argument the potential lack of inter-state conformity that might result from a legal recognition of same-sex marriages in Vermont, pointing out that Vermont already allowed for certain marriage contracts not recognized by other states ( including first-cousin marriages ), and noting that such concerns had not prevented the passage of similarly unique laws allowing same-sex couples to adopt.
If the emperor rejected a court conference decision, he risked alienating his high ministers.
During these almost ten years in Altona he came into contact with a circle of aristocrats that had been rejected from the court in Copenhagen.
The delegation's complaints were rejected, and, according to several sources, Phocas himself was slapped and humiliated by prominent court officials at this time.

court and argument
Those arguments are presented in written briefs and sometimes in oral argument to the court at a hearing.
A lawyer traditionally starts an oral argument to any appellate court with the words " May it please the 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.
* Oral argument, in US law, a spoken presentation to a judge or appellate court by a lawyer ( or parties when representing themselves ) of the legal reasons why they should prevail
* Closing argument, in law, the concluding statement of each party's counsel reiterating the important arguments in a court case
In a non-criminal case in a United States district court, a litigant ( or a litigant's attorney ) who presents any pleading, written motion or other paper to the court is required, under Rule 11 of the Federal Rules of Civil Procedure, to certify that, to the best of the presenter's knowledge and belief, the legal contentions " are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law ".
Where there are several members of a court, there may be one or more judgments given ; only the ratio decidendi of the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning may be adopted in argument.
State supreme courts normally require a courtroom for oral argument, private chambers for all justices, a conference room, offices for law clerks and other support staff, a law library, and a lobby with a window where the court clerk can accept filings and release new decisions in the form of " slip opinions " ( that is, in looseleaf format held together only by a staple ).
The court took evidence from theologian John F. Haught and ruled that " ID is not a new scientific argument, but is rather an old religious argument for the existence of God.
The decision to emphasize the Copyright clause argument was based on both the minority opinion of Judge Sentelle in the appeals court, and on several recent Supreme Court decisions authored by Chief Justice William Rehnquist: United States v. Lopez and United States v. Morrison.
In Santa Clara County v. Southern Pacific Railroad, 118 U. S. 394 ( 1886 ), the reporter noted in the headnote to the opinion that the Chief Justice began oral argument by stating, " The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations.
The argument before the court was that electricity generation was a by-product of navigation and flood control and therefore could be considered constitutional.

court and treatments
Inside the Hôtel, there are two clay tennis court, a Spa with " La Prairie " treatments, fitness, shopping, hair dresser and of course 9 acres of verdure.

court and which
The Connally amendment says that the United States, rather than the court, shall determine whether a matter is essentially within the domestic jurisdiction of the United States in a case before the World Court to which the United States is a party.
What better affirmative step could be taken to this end than repeal of the Connally amendment -- an act which could expose the United States to no practical risk yet would put an end to our self-judging attitude toward the court, enable us to utilize it, and advance in a tangible way the cause of international law and order??
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 ; ;
Not only were the court costs prohibitive, but I was subjected to crippling fines, in addition to usurious interest on the unpaid `` debts '' which the government claimed that Metronome and I owed -- a severe financial blow.
The Lincoln Mills decision authorizes a whole new body of federal `` common law '' which, as Mr. Justice Frankfurter pointed out in dissent, leads to one of the following `` incongruities '': `` ( ( 1 ) conflict in federal and state court interpretations of collective bargaining agreements ; ;
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 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.
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 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.
In July 1862, the Second Confiscation Act was passed, which set up court procedures that could free the slaves of anyone convicted of aiding the rebellion.
An appellee is the party to an appeal in which the lower court judgment was in its favor.
The first is the traditional " direct " appeal in which the appellant files an appeal with the next higher court of review.
The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance — usually the court that tried the case.
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.
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.
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.
In order for the appeal to succeed, the appellant must prove that the lower court committed reversible error, that is, an impermissible action by the court acted to cause a result that was unjust, and which would not have resulted had the court acted properly.
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.

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