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.

In an appeal on the record from a decision in a judicial proceeding, both appellant and respondent are bound to base their arguments wholly on the proceedings and body of evidence as they were presented in the lower tribunal.

Sharman planned to appeal the Australian decision, but ultimately settled the case as part of its global settlement with the record labels and studios in the United States.

To strike from the record is for a judge to forbid a decision maker ( such as a juror ) to consider a particular piece of testimony or other evidence when deciding the case even though he or she has already learned what that evidence or testimony concerned.

It criticised Forsyth's decision to record a conversation with Harry as an abuse of teacher-student confidentiality and said " it was not convinced events had occurred exactly as ... described ".

He also dismissed the band's efforts to continue their career without a label by dealing directly with their fans on the Internet, claiming: " One suspects that their decision occurred round about the time that the record industry decided to shun Marillion.

The group released these studio singles and their B-sides as the compilation album Japanese Whispers, designed by Smith for the Japanese market only, but released worldwide on the decision of the record company.

Pittsburgh coach Lou Angotti later admitted that a conscious decision was made to finish the season as the team with the worst record, stating in an interview with the Pittsburgh Post-Gazette that a mid-season lunch prompted the plan, in light of the fact that there was a high chance of the franchise folding if Lemieux was not drafted.

As a result of Shoemaker's decision, Bill Hartack became Northern Dancer's permanent jockey and guided him to victories in the Blue Grass and the Kentucky Derby, winning the Derby over a fast finishing Hill Rise in a record time that stood until it was broken by Secretariat in 1973.

The Danish press strongly criticized this decision, saying on record that Vélez was robbed of her title.

With a 12 round unanimous decision, Jesús became the WBC Continental Americas Light Middleweight Champion at the age of 22 with a record of 24-1.

This decision is usually made by the record producer, but in some cases, band members are advocates of the " lo-fi " sound.

At trial, each person presents witnesses and enters evidence into the record, at the close of which the judge or jury renders their decision.

Decca became a major player in the depressed American record market thanks to its roster of popular artists, particularly Bing Crosby, the shrewd management of former US Brunswick General Manager Jack Kapp, and the decision to price Decca at 35 cents.

After compiling an amateur record of 19-3, Holmes turned professional on March 21, 1973, winning a four-round decision against Rodell Dupree.

In 1977, as the group made a decision to record together again, with their record company Decca ( UK ) urging a reunion album.

His record was 135 wins, 10 losses and 6 draws, 51 wins coming by knockout and one no decision bout, also making Ring magazine's list of boxers with 50 or more career knockout wins.

In the 2004 presidential election, Ólafur was re-elected with 67. 5 % of the votes cast ( down from over 95 % in the only other time an incumbent has been contested ), but that election also saw a record number of empty ballots ( 21. 2 %) and an exceptionally low turnout of 63 % ( usually 80 – 90 %), both of which have been interpreted as dissent with the president's decision to not sign the media law.

Later that year in his 22nd bout with a record of 21 wins 1 defeat ( 11KO ) he faced Ener Julio for the USBA light welterweight title, he won via a 12 round split decision.

Their parents agreed with their decision helping to send them off to New York in 1956 where they begin scouting for record deals, finally signing with the Teenage record label where they recorded their first single, " Angels Cried ".

" Those projects were Iyouktug Timber Sales ROD ( record of decision ), Scratchings Timber Sale ROD II, and Kuiu Timber Sale Area ROD.

The band's arrangement of " The House of the Rising Sun ", which transmuted the song from an acoustic folk lament to a full-bore electric rock song, would go on to influence many folk rock acts but none more so than Dylan himself, who cited it as a key factor in his decision to record and perform with an electric rock band during 1965.

Only by means of an intensive preoccupation with the detailed considerations following from any decision can he ensure attention to the practical details to be dealt with if the implications of immorality in the major decision are effectively to be checked.

Carl has been married to Paula for fifty-three years, and he has not made a single major decision without careful consideration and thorough discussion with his wife.

Alfred, who was a good deal older than Harry, had treated him like a son, and when Harry decided to stay in business with Lew instead of going with Alfred, Alfred looked on the decision as a betrayal.

It was faced immediately with a showdown on the schools, an issue which was met squarely in conjunction with the governor with a decision not to risk abandoning public education.

Scotty accepted the decision with indifference and did not enter the arguments.

He made the decision with his eyes open, or so he thought.

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.

Since the writer had established this democratic procedure in the beginning he had to go along with their decision -- after, of course, pointing out whether he thought their decision was a wise or an unwise one.

In considering roleplaying for analysis we enter a more complex area, since we are now no longer dealing with a simple over-all decision but rather with the examination and evaluation of many elements seen in dynamic functioning.

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.

) But the inner, formal logic of Cubism, as it worked itself out through the collage, had just as much to do with shaping their decision.

Antisubmarine warfare does not involve clashes between large opposing forces, with the decision a result of a single battle.

`` An optimal policy has the property that whatever the initial state and initial decision are, the remaining decisions must constitute an optimal policy with respect to the state resulting from the first decision ''.

Those who have served as faculty advisers are too familiar with the useful but artificial mechanisms of student government to be taken in by `` busy-work '' and ersatz decision making.

Through Secretary Herter, Ike offered President-elect Kennedy an opportunity to associate his new Administration with the breakoff decision.

After the surprise was over, Linda was almost as pleased as anyone with John's good luck, though she agreed with Bobbie's decision some months later to move to Funk Furnaces.

The 139 page opinion of Kitzmiller v. Dover was hailed as a landmark decision, firmly establishing that creationism and intelligent design were religious teachings and not areas of legitimate scientific research.

The news of this decision reached London on 12 March 1652 and the Commonwealth too began to prepare for war, but as both nations were unready, war might have been delayed if not for an unfortunate encounter between the fleets of Dutch Lieutenant-Admiral Maarten Tromp and General at Sea Robert Blake in the English Channel near Dover on 29 May 1652.

In August 1917, part of the school was damaged during an air raid and the decision was finally taken to evacuate the College from Dover to Leamington College in Leamington Spa in the Midlands ; the school returned to Dover in 1919 with only 150 pupils.

On December 20, 2005, Jones issued his 139-page findings of fact and decision ruling that the Dover mandate requiring the statement to be read in class was unconstitutional.

:" The Dover decision is an attempt by an activist federal judge to stop the spread of a scientific idea and even to prevent criticism of Darwinian evolution through government-imposed censorship rather than open debate, and it won't work.