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 ; ;

It would also probably mean different things within the same state -- depending upon what court ( state or federal ) rendered decision.

The petition is made to a higher court for the purpose of overturning the lower court's decision.

The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered.

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.

After exhausting the first appeal as of right, defendants usually petition the highest state court to review the decision.

Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not.

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.

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.

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.

Under this standard, the appellate court gives deference to the lower court's view of the evidence, and reverses its decision only if it were a clear abuse of discretion.

On the other hand, the appellate court normally gives less deference to a lower court's decision on issues of law, and may reverse if it finds that the lower court applied the wrong legal standard.

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.

After an appeal is heard, the " mandate " is a formal notice of a decision by a court of appeal ; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court.

Since the Supreme Court's decision of that year this is more doubtful ; ;

The portrait that had developed, fragmentarily but consistently, was the portrait of a man to whom serious thinking is alien enough that the making of a decision inhibits, when it does not forestall, any ability to review the decision in the light of new evidence.

Within this frame of reference policies appropriate to claims advanced in the name of the Jews depend upon which Jewish identity is involved, as well as upon the nature of the claim, the characteristics of the claimant, the justifications proposed, and the predispositions of the community decision makers who are called upon to act.

When decision makers act within this frame they determine whether a claim put forward in the name of religion is to be accepted by the larger community as appropriate to religion.

Community decision makers must make up their minds whether a claim is acceptable to the larger community in terms of prevailing expectations regarding members of nation states.

On the contrary it is my duty to make my own decision as between the two ''.

Her mother wrote Kate of her grief at the death of Kate's baby and at Jonathan's decision to go with the South `` And, dear Kate '', she wrote, `` poor Dr. Breckenridge's son Robert is now organizing a militia company to go South, to his good father's sorrow.

`` No, the decision is yours.

Essentially, the question presented for decision in the present Daytime Skywave proceeding is whether our decision ( in 1938-1939 ) to assign stations on the basis of daytime conditions from sunrise to sunset, is sound as a basis for AM allocations, or whether, in the light of later developments and new understanding, skywave transmission is of such significance during the hours immediately before sunset and after sunrise that this condition should be taken into account, and some stations required to afford protection to other stations during these hours.

On those rare occasions when a faculty member on tenure is not meeting the standards of the institution, the president must also bear the ultimate burden of decision and action.

It is too easy for the inexperienced person to make a quick judgment of a few values of the area and base a decision on these alone.

Another problem in the area of federal-state relationships is this: what constitutes reversible error in a state decision??

We have consoled ourselves with the thought that this is a normal human reaction and is one of the consequences of any decision in an adversary proceeding.

It is an accepted juridical principle in California that a Superior Court decision does not constitute a binding legal precedent.

Only when a decision is rendered by the District Court of Appeal ( or, of course, the Supreme Court ) is a binding precedent established.

Religious faith can be considered a necessary condition of membership in a congregation, since the decision to join a worshiping group requires some motive force, but faith is not a sufficient condition for joining ; ;

The Court limited its decision to the tax issue involved, commenting: `` It is not our province to pass judgment on the morality of the transaction ''.

his requesting, and often getting, higher wages, better working conditions, better schools -- changes that were slowly emerging even before the Supreme Court decision of 1954.

Lord Sydney, often criticised as an ineffectual incompetent, had made one fundamental decision about the settlement that was to influence it from the start.

A conflict in which one side is unwilling to reach a decision by a direct battle using conventional warfare often becomes an insurgency.

( b ) The reasons given for a decision are often more important in the long run than the outcome in a particular case.

So while there are many factors affecting the outcome of a trial, the cross-examination of a witness will often have an impact on an open minded unbiased jury searching for the certainty of facts upon which to base their decision.

Critics, such as psychiatrist Niall McLaren, argue that the DSM lacks validity because it has no relation to an agreed scientific model of mental disorder and therefore the decisions taken about its categories ( or even the question of categories versus dimensions ) were not scientific ones ; and that it lacks reliability partly because different diagnoses share many criteria, and what appear to be different criteria are often just rewordings of the same idea, meaning that the decision to allocate one diagnosis or another to a patient is to some extent a matter of personal prejudice.

Critics of these and other controversial diagnoses often cite the DSM's previous inclusion of homosexuality, and the APA's eventual decision to remove it, as a precedent for current disputes.

The second, " the financing decision " relates to how these investments are to be funded: capital here is provided by shareholders, in the form of equity ( privately or via an initial public offering ), creditors, often in the form of bonds, and the firm's operations ( cash flow ).

* In 2011, IKEA and its Swedwood affiliate came under criticism for its treatment of workers at a U. S. factory in Danville, Virginia and its decision to hire the law firm Jackson Lewis, which is often employed by companies to counter labor demands, to consult with IKEA on attempts to form a union at Danville.

Authorities making this decision tend to be cautious, and as a result, defendants can often be institutionalized for longer than they would have been incarcerated in prison.

For instance, if a criminal defendant chooses not to testify, the jury will be often be instructed not to draw any negative conclusions from that decision.

In contrast where there is a decision by a judge or a bench, they are required to give often detailed reason of both fact and law as to why such a decision is given.

Most often it is assumed that it was a political decision, intended to bring Mieszko's state closer to the Czechs and to facilitate his activities in the Polabian Slavs area.

The decision of which peripheral to integrate is often difficult.

The obiter dicta is usually translated as " other things said ", but due to the high number of judges and several personal decisions, it is often hard to distinguish from the ratio decidendi ( reason for the decision ).

Since making this decision correctly will lead to the most long-run profit for a skilled player, players often put considerable study into what the appropriate starting hand " standards " are for the game being played.

Zapatista Communities will often ban alcohol as part of a collective decision.

In WWE, a referee must see the violation with his own eyes to rule that the match end in a disqualification ( simply watching the video tape is not usually enough ) and the referee's ruling is almost always final, although dusty finishes ( named after, and made famous by, Dusty Rhodes ) will often result in the referee's decision being overturned.

The Massachusetts Institute of Technology has often mailed its application decision letters to prospective students for delivery on Pi Day.

Its decision often involves business relationships with these neighboring ASs, which may be unrelated to path quality or latency.

It is not a medical term, although the opinions of medical experts are often important in making a legal decision as to whether someone is sane or insane.

In response to this decision, Darrow made a sarcastic comment to Judge Raulston ( as he often did throughout the trial ) on how he had been agreeable only on the prosecution's suggestions, for which he apologized the next day, keeping himself from being found in contempt of court.

Behavioral economists highlight individual biases in decision making and often involve problems and solutions concerning sticky wages and efficiency wages.

Poverty was often the main factor in decision to cohabit.