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courts and have
As America on wheels was responsible for an industry of motor courts, motels, and drive-in establishments where you can dine, see a movie, shop, or make a bank deposit, the ever-increasing number of boating enthusiasts have sparked industries designed especially to accommodate them.
By these measures, Congress, so the Court ( in effect ) now decides, gave not only needless but inadequate relief, since it now appears that the federal courts have inherent power to sterilize the Act of 1875 against all proceedings challenging local regulation ''.
( As we have seen, the Erie and York decisions require federal courts in diversity cases to follow state decisional rules.
To put it differently, state and federal courts have concurrent jurisdiction with respect to most claims of federal right.
Although it is in some ways comparable to a voluntary sale of assets for cash, to which section 203 quite clearly applies, the courts and Treasury have held that acquiring corporations in several types of non-taxable reorganizations may sue for refund of taxes paid by transferors.
Thus far, the cases which have come before the courts have involved only the issue of referral where the job is vacant due to a strike -- condition ( 1 ) in the Regulation of the Secretary.
The suit, as we have seen, came before the courts when patent attorneys, inventors, and laymen were making mounting demands for reforms in the American patent system.
In denying motions for dismissal, Judge Powell stated that mass trials have been upheld as proper in other courts and that `` a person may join a conspiracy without knowing who all of the conspirators are ''.
Some courts have samples of a notice of appeal on the court's own web site.
In an adversarial system, appellate courts do not have the power to review lower court decisions unless a party appeals it.
Historically, others have titled their appellate court a court of errors ( or court of errors and appeals ), on the premise that it was intended to correct errors made by lower courts.
Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the United States Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on the other hand, and appeals from the Court of Federal Claims on the other.
Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.
Foreign courts needed to have American grievances laid before them persuasively in a “ manifesto ” which could also reassure them that the Americans would be reliable trading partners.
Civil law countries often have specialized courts, administrative courts, that review these decisions.
Unlike most Common-law jurisdictions, the majority of civil law jurisdictions have specialized courts or sections to deal with administrative cases which, as a rule, will apply procedural rules specifically designed for such cases and different from that applied in private-law proceedings, such as contract or tort claims.
Unlike France or Germany, there are no special administrative courts of first instance in the Netherlands, but regular courts have an administrative " chamber " which specializes in administrative appeals.
In an adversarial system, there is no more controversy and the case proceeds to sentencing ; though in many jurisdictions the defendant must have allocution of her or his crime, a false confession will not be accepted even in common law courts.
The apartment where this is to have taken place is one of the most beautiful courts of the Alhambra, and is still called the Hall of the Abencerrages.
Chiefs and other leaders preside over customary, traditional courts, though all persons have the right to request that their case be considered under the formal British-based legal system.
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.

courts and clearly
Although federal courts ' application of the Connelly rule has been inconsistent and state courts have often failed to appreciate the consequences of the case, Connelly clearly marked a significant change in the application of the voluntariness standard.
The nondelegation doctrine is primarily used now as a way of interpreting a congressional delegation of authority narrowly, in that the courts presume Congress intended only to delegate that which it certainly could have, unless it clearly demonstrates it intended to " test the waters " of what the courts would allow it to do.
Repeated motions must be " so devoid of merit and be so frivolous that they can be described as a flagrant abuse of the system, have no reasonable probability of success, lack reasonable or probable cause or excuse, and are clearly meant to abuse the processes of the courts and to harass the adverse party than other litigants.
* Problematic property rights and contracts: whereas neoclassical theory often assumes that property rights are clearly defined and the cost of enforcing those rights by the mean of courts is negligible, TCE treats property rights and contracts as problematic.
More clearly, D ' Souza states, " Today courts wrongly interpret separation of church and state to mean that religion has no place in the public arena, or that morality derived from religion should not be permitted to shape our laws.
While the doctrine clearly means that the present High Court is bound by decision of the present Supreme Court, it is not altogether clear whether the decisions of courts which previously performed the function of courts of last final appeal in Ireland — such as the British House of Lords — bind the present High Court.
Although there is some debate as to whether " unconscionability " is an element that English courts need to take into account when considering estoppel by representation of fact, the Australian courts clearly do ( see Wilken and Villiers, para 9-03 ; The Commonwealth v Verwayen ( 1990 ) 170 CLR 394 at 444 per Deane J.
Ongoing criminal proceedings against the said individual in courts does not disqualify the person from membership of the Lok Sabha ; however this must be clearly mentioned while filing the affidavit to the Election Commission.
The courts have recognized the Bill of Rights as having the intention of rights of privacy and the separation of church and state, even though it is not clearly stated.
The Constitution of the Irish Free State adopted in December 1922 clearly envisaged the early establishment of new courts for the nascent state and the abolition of the position of the Lord Chief Justice of Ireland.
In the rules of the United States Supreme Court and circuit courts of appeals the brief is required to contain a concise statement of the case, a specification of errors relied on, including the substance of evidence, the admission or rejection of which is to be reviewed, or any extract from a charge excepted to, and an argument exhibiting clearly the points of law or fact to be discussed.
However, the majority opinion of the Supreme Court in District of Columbia v. Heller in 2008 clearly suggested that Cruikshank and the chain of cases flowing from it would no longer be considered good law as a result of the radically changed view of the Fourteenth Amendment when that issue eventually comes before the courts:
The jurisdiction of the common courts was clearly established by the time of Henry VIII, who declared himself head of the Church of England in place of the Pope, ending the political power of the Roman Catholic Church in England.
Critics of the law however, have expressed concern the courts will abrogate the religious loophole because " good faith " is not clearly defined.
In many cases, because risk warnings were not made clearly like they are in today's investment market, courts have found against the insurer or broker responsible for the original advice and have required them to restore their customers to the financial position they would have been in had they taken out a repayment mortgage instead.
O ' Connor suggests that state courts write " clearly and expressly " that their decision rests on bona fide state grounds.
If the governor chooses never to grant clemency ; or to exercise that constitutional authority sparingly, and then only when legitimate questions about guilt or innocence persist or when legal issues are raised that have not been reviewed by the courts, or to grant it in every case, he may clearly do so.
Roosevelt pushed for the courts, which had been guided by a clearly delineated
One of the earliest cases, Dodge v. Ford Motor Co., ruled, for example, that " courts of equity will not interfere in the management of the directors unless it is clearly made to appear that they are guilty of fraud or misappropriation of the corporate funds, or refuse to declare a dividend when the corporation has a surplus of net profits which it can, without detriment to its business, divide among its stockholders, and when a refusal to do so would amount to such an abuse of discretion as would constitute a fraud, or breach of that good faith which they are bound to exercise towards the stockholders.

courts and drawn
Common law decisions today reflect both precedent and policy judgment drawn from economics, the social sciences, business, decisions of foreign courts, and the like.
He rechristened that enclosed park, which stood in front of the Trinidad courts and legislature, " The University of Woodford Square ", and proceeded to give a series of public lectures on world history, Greek democracy and philosophy, the history of slavery, and the history of the Caribbean to large audiences drawn from every social class.
Eventually new economies could not be born, and no power was drawn away from the existing imperial courts, thus making this ban a political move.
The Supreme Court overturned the lower courts in a 5-to-4 decision, holding that school districts were not obligated to desegregate unless it could be proven that the lines were drawn with racist intent.
In England, there was a distinction drawn between the jurisdiction of the law courts and that of the chancery court.
During the years 1777 and 1778 he was successful in London, one of many Austro-German musicians ( Carl Friedrich Abel, Johann Christian Bach, and in his last years Joseph Haydn would be some other ones ) to be drawn to that metropolis where a capitalist music life, largely independent of courts and nobility, was already in full swing.
In formulating these principles, the courts have drawn on a variety of sources, including: public international law and legal doctrines and principles present in the legal systems of European Union member states and in the jurisprudence of the European Court of Human Rights.
The dissidents were derisively referred to in polemics as the " Kangaroos " by the Regulars — the analogy being drawn between the dissidents ' free-and-loose interpretation of party legality in the calling and conduct of their reorganizational meetings and the " Kangaroo courts " of the wild west.
The first extension was the West Green building for which plans were drawn in 1910 ; the space was for extra divorce courts.
The Jack of Spades, Jack of Hearts, and King of Diamonds are drawn in profile, while the rest of the courts are shown in full face ; these cards are commonly called " one-eyed ".
The police were drawn from their ranks, and the courts, dependent on their votes, treated them with such leniency as to encourage lawlessness.
In contrast, the California Evidence Code, from which the original proposal had been drawn, had expressly codified all evidentiary privileges, so that any further privileges in state courts would have to come from the California State Legislature.
Because the lines are drawn just inside the courts, the ball is considered " in " if it touches any part of the relevant line.
: appellants ’ argument about “ arbitrariness ” is based largely on generalizations about the public system drawn from fragmentary experience, an overly optimistic view of the benefits offered by private health insurance, an oversimplified view of the adverse effects on the public health system of permitting private sector health services to flourish and an overly interventionist view of the role the courts should play in trying to supply a “ fix ” to the failings, real or perceived, of major social programs.
The center line is drawn halfway between the serving crease lines and parallel to the sidelines ; this divides the space on each side of the crease line into two halves, known as the right and left courts.
It was a court of record held by the Steward and Marshal of the Royal Household, to administer justice between the sovereign's domestic servants " that they might not be drawn into other courts and their service lost ".

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