Help


[permalink] [id link]
+
Page "Scopes Trial" ¶ 25
from Wikipedia
Edit
Promote Demote Fragment Fix

Some Related Sentences

courts and cannot
Since inside pitching is a legitimate tactic in baseball, courts have recognized that being hit by a pitch is an inherent risk of the game, so that players cannot sue for any resulting injuries.
E. g., Texas Industries v. Radcliff, ( without an express grant of statutory authority, federal courts cannot create rules of intuitive justice, for example, a right to contribution from co-conspirators ).
According to the traditional doctrine ( Dicey ), conventions cannot be enforced in courts, because they are non-legal sets of rules.
For example, most insurance policies in the English language today have been carefully drafted in plain English ; the industry learned the hard way that many courts will not enforce policies against insureds when the judges themselves cannot understand what the policies are saying.
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.
If the right sought to be enforced is inconsistent with either of these, the English municipal courts cannot recognize it.
Generally speaking, higher courts do not have direct oversight over the lower courts of record, in that they cannot reach out on their own initiative ( sua sponte ) at any time to overrule judgments of the lower courts.
Note that inferior courts cannot evade binding precedent of superior courts, but a court can depart from its own prior decisions.
In some countries, there is occasional evidence of parochialism when courts have determined that if the foreign law cannot be proved to a " satisfactory standard ", then local law may be applied.
But if the appeal is to the courts in the state where the arbitration was held, the judge cannot ignore the mandatory provisions of the lex fori.
" Thus, the courts cannot bar the passage of a law by Congress, though it may strike down such a law as unconstitutional.
Though the sovereign remains the fount of justice, he or she cannot unilaterally establish new courts or act as a judge.
For instance, in some state courts the prosecution can lodge an appeal after a defendant is acquitted: although the appellate court cannot set aside a not-guilty verdict due to double jeopardy, it can issue a ruling as to whether a trial court's ruling on a particular issue during the trial was erroneous.
For example, in the Operation Spanner case, UK courts have ruled that individuals cannot legally consent to actual bodily harm in sadomasochistic sexual acts.
The Attorney-General also generally has the power to issue certificates legally conclusive of certain facts ( e. g. that the revelation of certain matters in court proceedings might constitute a risk to national security ); the facts stated in such certificates must be accepted by the courts and cannot legally be disputed by any parties.
Though the monarch does not personally rule in judicial cases, this function of the Royal Prerogative instead performed in trust and in the Queen's name by officers of Her Majesty's court, common law holds the notion that the sovereign " can do no wrong "; the monarch cannot be prosecuted in her own courts, judged by herself, for criminal offences.
" For anyone who has practiced criminal law in the state or Federal courts, the disclosures about rampant police perjury cannot possibly come as a surprise.
The federal district courts have original and exclusive jurisdiction over all cases arising under the bankruptcy code, ( see ), and bankruptcy cases cannot be filed in state court.
It ueses the 3 basketball courts 5 P. M. through 10 P. M. on Mondays through Thursdays during that season meaning a person cannot use the courts then during then.

courts and sit
However, retired Associate Justices ( unlike judges on senior status ) take no part in the consideration or decision of any cases before the Supreme Court, although they may be appointed by the Chief Justice to sit on lower courts.
Most of the U. S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels ( most of the courts of appeal almost always sit in panels of three ), the earlier panel decision is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc ( that is, all active judges of the court ) or by a higher court.
Other courts, for example, the Court of Customs and Patent Appeals and the Supreme Court, always sit en banc, and thus the later decision controls.
Juries also sit in coroner's courts for more contentious inquests.
Whereas in the regular courts, you can sit in court for ten years and get no justice.
For most other cases in the first and second tier courts lay judges sit alongside professional judges.
2d 835, 109 S. Ct. 2180 ( 1989 ) ( Stevens, J., dissenting ) ( it would be anomalous to allow courts to sit in review of judgments entered by courts of equal, or greater, authority ( citing Rooker and Feldman )).
A Sheriff may sit at different courts throughout the sheriffdom.
Three elected judges sit in Auglaize County, presiding over four courts.
Apart from these four crown courts ( ILCC Newington, Southwark, Wesminster, Blackfriars ) Southwark ’ s local magistrates sit at two courts in the borough, Tower Bridge and Camberwell Green Magistrates Courts.
And be it further enacted, That a marshal shall be appointed in and for each district for a term of four years, but shall be removable from office at pleasure, whose duty it shall be to attend the district and circuit courts when sitting therein, and also the Supreme Court in the district in which that court shall sit.
Paradoxically, some jurisdictions will allow a non-attorney to sit as a judge, usually in lower courts or in hearings by governmental agencies, even though a non-attorney may not practice before these same courts.
* June: Outcry over the enforced reforms ensues, and courts across France refuse to sit
No judges are now appointed for the local courts, and the judicial functions of the Lord High Admiral have been passed to the Queen's Bench Division of the High Court, where they continue to be exercised by the Admiralty Judge and other Commercial Court judges authorised to sit in Admiralty cases.
The position of Recorder of London is distinct from that of recorder which is a part-time judicial office, holders of which sit part-time as judges of the Crown Court or the county courts.
District judges usually sit in the more busy courts in cities or hear complex cases ( e. g. extradition ).
In 2004, some associations of Justices of the Peace pressed the federal government to allow Justices of the Peace to sit as second-class magistrates in order to reduce the backlog of cases in the courts.
The Justice ( Northern Ireland ) Act 2002 introduced a new office of Lay Magistrate, to sit alongside resident magistrates at magistrates ' courts in certain matters.
In the late 1990s, a position of community magistrate was created for district courts on a trial basis ; two community magistrates were initially required to sit to consider a case.
Consistory courts dealing with faculty applications may sit in the church affected.

courts and judgment
" Generally speaking, an appellate court's judgment provides ' the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified '".
Common law decisions today reflect both precedent and policy judgment drawn from economics, the social sciences, business, decisions of foreign courts, and the like.
In some cases, domestic courts may render judgment against a foreign state ( the realm of private international law ) for an injury, though this is a complicated area of law where international law intersects with domestic law.
Some legal technicalities govern legal procedure, enable or restrict access to courts, and / or enable or limit the discretion of a court in handing down judgment.
In its judgment, the U. S. Supreme Court held that it lacked jurisdiction with respect to Germany's complaint against Arizona due to the eleventh amendment of the U. S. constitution, which prohibits federal courts from hearing lawsuits of foreign states against a U. S. state.
" These relaxed standards usually do not result in reversals, as the court of appeals grants more deference to the judgment of the lower courts.
Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states ' courts as final.
By the middle of the 14th century these Freischöffen ( Latin scabini ), sworn associates of the Fehme, were scattered in thousands throughout the length and breadth of Germany, known to each other by secret signs and pass-words, and all of them pledged to serve the summons of the secret courts and to execute their judgment.
Some special courts were created for the judgment of criminals who could intimidate the jury.
These purely academic issues led the U. S. courts to describe cases where developing circumstances made any judgment ineffective as " moot ".
In Anglo-Saxon England, earls had authority over their own regions and right of judgment in provincial courts, as delegated by the king.
Trials in these courts are often held only after extensive pre-trial procedures that in more than 90 % of cases lead to a default judgment in a civil case, an agreed resolution settling the case, or pre-trial resolution of the case by a judge on the merits.
The practical applicability of this distinction has not been tested, as no former president has ever sought the vice presidency, and thus the courts have never been required to make a judgment regarding the matter.
These rules govern how a lawsuit or case may be commenced, what kind of service of process ( if any ) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function.
A clerk of courts also accepts bonds, calls juries & grand juries, certifies the commissions of notaries public, administers oaths, and files judgment and state tax liens.
Article 14. 1 establishes the ground rules: everyone must be equal before the courts, and any hearing must take place in open court before a competent, independent and impartial tribunal, with any judgment or ruling made public.
Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not, as a practical matter, even have the ability to enforce a judgment if the defendant's assets are outside their reach.
In the context of mandamus from a United States Court of Appeals to a United States District Court, the Supreme Court has ruled that the appellate courts have discretion to issue mandamus to control an abuse of discretion by the lower court in unusual circumstances, where there is a compelling reason not to wait for an appeal from a final judgment.
Coke's meaning has been disputed over the years ; some interpret his judgment as referring simply to judicial review of statutes to correct misunderstandings which would render them unfair, while others argue he meant that the common law courts have the power to completely strike down those statutes they deem to be repugnant.
In other words, so far as the writ affects the action of inferior courts, its use is not to be extended to compel the rendition of a particular judgment, in accordance with the views of a higher court.
In the United States, under the rules of civil procedure governing practice in federal courts and most state courts, the entry of judgment is the final order entered by the court in the case, leaving no further action to be taken by the court with respect to the issues contested by the parties to the lawsuit.
It was later enforced by the courts ; when Selden and other Members of Parliament were imprisoned, they cited the Petition as a reason to grant habeas corpus, something the judges accepted, and the ship money case, although a victory for Charles, was a victory in spite of the Petition rather than because of it ; the judgment concluded that Charles's actions were acceptable under the Royal Prerogative, but would otherwise be in violation of the Petition.
The Alabama state circuit court finally heard the case on the merits, and decided the NAACP had violated Alabama law and ordered it to stop doing business in the state ; the Alabama appeals courts upheld this judgment, refusing to hear the NAACP's appeals on Constitutional grounds.

1.721 seconds.