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.

The petitions will be presented in open court to President Judge William F. Dannehower, Davenport said.

The trial will be held, probably the first week of March, in the famous Old Bailey central criminal court where Klaus Fuchs, the naturalized British German born scientist who succeeded in giving American and British atomic bomb secrets to Russia and thereby changed world history during the 1950s, was sentenced to 14 years in prison.

Generally, an appeal of the judgment will also allow appeal of all other orders or rulings made by the trial court in the course of the case.

The highest state court, generally known as the Supreme Court, exercises discretion over whether it will review the case.

The appellate court will typically be deferential to the lower court's findings of fact ( such as whether a defendant committed a particular act ), unless clearly erroneous, and so will focus on the court's application of the law to those facts ( such as whether the act found by the court to have occurred fits a legal definition at issue ).

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.

In other systems, the appellate court will normally consider the record of the lower court.

In those cases the record will first be certified by the lower court.

Therefore, if a lower court has ruled in an improper manner, or against legal precedent, that judgment will stand if not appealed – even if it might have been overturned on appeal.

In cases where a judge rather than a jury decided issues of fact, an appellate court will apply an " abuse of discretion " standard of review.

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.

Some types of motions will not be accepted by the court unless accompanied by an independent sworn statement or other evidence, in support of the need for the motion.

In such a case, a court will accept an affidavit from the filing attorney in support of the motion, as certain assumptions are made, to wit: The affidavit in place of sworn testimony promotes judicial economy.

Nonetheless, a badminton court will not be suitable if the ceiling is likely to be hit on a high serve.

When the server serves, the shuttlecock must pass over the short service line on the opponents ' court or it will count as a fault.

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.

They would preside over trials involving criminal acts as well as grant court orders or validate " illegal " acts as acts of administering justice.

However, a superior court always has the discretion to grant the writ even in the face of an alternative remedy ( see May v. Ferndale Institution ).

If the plaintiff brings onlyclaims which are equitable, but the defendant asserts counterclaims which are of law, then the court will grant a trial by jury.

Hours before Walter LaGrand was due to be executed, Germany applied for the Court to grant a provisional court order, requiring the United States to delay the execution of Walter LaGrand, which the court granted.

In opposition to the German submissions, the United States argued that the Vienna Convention did not grant rights to individuals, only to states ; that the convention was meant to be exercised subject to the laws of each state party, which in the case of the United States meant subject to the doctrine of procedural default ; and that Germany was seeking to turn the ICJ into an international court of criminal appeal.

Thus the court accepted that a modified doctrine of tenure operated in Australia, and that the law of tenure ( as a product of the common law ) could co-exist with the law of native title ( as a product of customary laws and traditions ), though where there had been a valid grant of fee simple by the Crown the latter title would be extinguished.

" Rabbi Rothenberg also ruled that a battered wife could petition a rabbinical court to compel a husband to grant a divorce, with a monetary fine owed her on top of the regular ketubah money.

But for the vast majority, the state supreme court possesses the discretion to grant certiorari ( known as review in states that discourage the use of Latin ).

Although the Sixteenth Amendment is often cited as the " source " of the Congressional power to tax incomes, at least one court has reiterated the point made in Brushaber and other cases that the Sixteenth Amendment itself did not grant the Congress the power to tax incomes, a power the Congress had since 1789, but only removed the possible requirement that any income tax be apportioned among the states according to their respective populations.

To the dismay of both the Rabat and Nouakchott governments, the court found with a clear majority, that the historical ties of these countries to Spanish Sahara did not grant them the right to the territory.

* January 3 – In the court of James I of England, the king's favorite George Villiers becomes Master of the Horse ; on April 24 he receives the Order of the Garter ; and on August 27 is created Viscount Villiers and Baron Waddon, receiving a grant of land valued at £ 80, 000.

In the state of New South Wales, a court may grant an apprehended violence order ( AVO ) to a person who fears violence, harassment, abuse, or stalking.

Addressing the issue of remedy, the court declined to grant outright the plaintiffs ' request for a marriage license, and instead focused on correcting the acknowledged inequities of the existing statutes.

In 188, Emperor Ling accepted a memorial from Yi Province governor Liu Yan suggesting he grant direct administrative power over feudal provinces and direct command of regional military to local governors, as well promoting them in rank and filling such positions with members of the Liu family or court officials.

Given that the peace treaties with the Maroon people granted them title to the lands, there have been international court cases that negated the right of the Surinam government to grant these claims.

When they arrived in Sydney, Bligh, backed up by statements from two of Short's officers, had Short stripped of the captaincy of the Porpoise – which he gave to his son-in-law – cancelled the land grant Short had been promised as payment for the voyage and shipped him back to England for court martial, at which Short was acquitted.

However, in general, a litigant cannot obtain equitable relief unless there is " no adequate remedy at law "; that is, a court will not grant an injunction unless monetary damages are an insufficient remedy for the injury in question.

The precise definition of " religion ", and to which groups it applies, can also cause controversy, for example the case of Scientologists who have all rights of religious freedom but complain that the highest court decided not to grant the status of a Non-profit organization in several states.

In 1950, the descendants of the original grant holder's court petitions to reclaim communal land were rebuked.

For example, in Florida, a court will not grant a petition for a change of name if it finds that ( i ) the petitioner has ulterior or illegal motives in seeking the name change, ( ii ) the petitioner's civil rights are suspended, or ( iii ) granting the name change will invade the property rights ( e. g., intellectual property rights ) of others.

Adultery is difficult to prove as it requires corroborating evidence from a third party ; thus a statement by the defendant that he or she had sexual relations with a third party is not legally admissible to permit the court to grant a divorce to the plaintiff.

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.

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.

The government took no action, and handed the final parts of Bakassi over to Cameroon on 14 August 2008 as planned, but a Federal High Court had stated this should be delayed until all accommodations for resettled Bakassians had been settled ; the government did not seem to plan to heed this court order, and did set the necessary mechanisms into motion to override it.

The Crown Court is a superior court of record under the Senior Courts Act 1981 and accordingly has power to punish for contempt of its own motion.

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 ".

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.

In December 1868 the court rejected a motion to nullify the indictment, but the prosecution dropped the case in February 1869.

“ When the defense of laches is clear on the face of the complaint, and where it is clear that the plaintiff can prove no set of facts to avoid the insuperable bar, a court may consider the defense on a motion to dismiss .” Solow v. Nine West Group, 2001 WL 736794, * 3 ( S. D. N. Y.

The United States filed a motion to dismiss the lawsuit, and the court granted the motion.

If the court finds that presented evidence is not sufficient to support the charges or that a motion to render a judgment without substantial consideration of a case is submitted in violation of the requirements stipulated by the Criminal Procedure Code of Georgia, it shall return the case to the prosecution.

In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion.

A volley is a shot returned to the opponent in mid-air before the ball bounces, generally performed near the net, and is usually made with a stiff-wristed punching motion to hit the ball into an open area of the opponent's court.

In an unrelated matter, the court had also granted the government's motion to dismiss Murphy's suit against the " Internal Revenue Service.

In Ireland, a court may, of its own motion or on application, order that no proceedings, either of a certain type or at all, may be issued by a certain person without leave of that court or some other court, for a specified time, or indefinitely.

A TRO usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction.