Now let's look at the evidence that shows the increase in desegregation and such increase as a result of court order.

And she felt amply rewarded for her suffering when the evidence of Lee's quack shenanigans, gathered by the tape recorder under her friend's clothing, proved adequate in court for convicting Franklin D. Lee.

William A. Redding asserted that if the case had been heard in open court under rules of evidence, the testimony would have been completed in sixty days instead of five years.

Instead of holding Lincoln in contempt of court as was expected, the judge, a Democrat, reversed his ruling, allowing the evidence and acquitting Harrison.

This is usually done on the basis that the lower court judge erred in the application of law, but it may also be possible to appeal on the basis of court misconduct, or that a finding of fact was entirely unreasonable to make on the evidence.

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.

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.

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.

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.

In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case ; at least one intermediate appellate court ; and a supreme court ( or court of last resort ) which primarily reviews the decisions of the intermediate courts.

The only evidence of occupation came from the chimney, which was belching out thick smoke.

Neither the vibrant enthusiasm which bespeaks a people's intuitive sense of the fitness of things at climactic moments nor the vital argumentation betraying its sense that something significant has transpired was in evidence.

In assigning to God the responsibility which he learned could not rest with his doctors, Eisenhower gave evidence of that weakening of the moral intuition which was to characterize his administration in the years to follow.

And in the context of drifting personal utterances we have examined, there was occasional evidence of the origin of all such evasions.

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.

Steele apparently professed his sentiments in this book too openly and honestly for his own good, since the government was soon to use it as evidence against him in his trial before the House.

What they meant was that there was no evidence to show that the south and east coasts of Britain received Germanic settlers conspicuously earlier than some other parts of England.

That is, there was no trace of Anglo-Saxons in Britain as early as the late third century, to which time the archaeological evidence for the erection of the Saxon Shore forts was beginning to point.

There was no evidence, either of a positive or negative type, of the actions of a Divine Being in this world ; ;

Milton himself, uncommunicative as he is about his lesser and nonliterary activities, at least gives us some evidence that he was a great walker, under any and all conditions.

But that scarcely means that he was the aloof, forbidding type of student who shared few if any activities with his fellows, the banter of the surviving prolusions providing enough evidence to deny this.

Until the last year or so the profession of friendship with the United States had been an article of faith with Trujillo, and altogether too often this profession was accepted here as evidence of his good character.

There was considerable evidence of a tacit rapprochement with Castro in Cuba, previously a bete noire to Trujillo -- thus illustrating the way in which totalitarianism of the right and left coalesces.

Another evidence of the spreading rule of reason was provided from Mexico City with the daily hijacking of an American plane by a demented Algerian with a gun.

While there are now allegations of the withholding of `` favorable evidence developed at the hearing '' and a denial of a `` full and fair hearing '', no such claim was made by petitioner at any stage of the administrative process.

set production ( excluding those destined for the export market ) also ran ahead in the early months, but was curtailed after the usual vacation shutdowns in the face of growing evidence that some of the early production plans had been overly optimistic.

the air was thick with smoke, empty bottles were in evidence, and several of the guests were somewhat the worse for liquor.

The cake was received in a stunned silence that was evidence in itself of the dearth of taste thrills Mama had been providing.

There was no evidence of fibrosis.

The rating scale of compulsivity was constructed by first perusing the interview records, categorizing all evidence related to compulsivity, then arranging a distribution of such information apart from the case records.

Children scoring high in compulsivity were those who gave evidence of tension or emotionality in situations where there was lack of organization or conformity to standards and expectations, or who made exaggerated efforts to achieve these goals.

( 2 ) What evidence is there that he was psychically blind??

True to his empirical thesis, Hume tells the reader that, though testimony does have some force, it is never quite as powerful as the direct evidence of the senses.

The D. C. Attorney General had outside counsel investigate apparent destruction of evidence, and forensic investigations continue, and the testimony of the Chief of Police.

Most cases that go to trial are carefully prepared through a discovery process that aids in the review of evidence and testimony before it is presented to judge or jury.

The archaeological evidence from Bologna and its vicinity contradicts the testimony of Polybius and Livy on some points, who say the Boii expelled the Etruscans and perhaps some were forced to leave.

The earlier date, first proposed in modern times by John Robinson in a closely argued chapter of " Redating the New Testament " ( 1976 ), relies on the book's internal evidence, given that no external testimony exists earlier than that of Irenaeus, noted above, and the earliest extant manuscript evidence of Revelation ( P98 ) is likewise dated no earlier than the late 2nd century.

Cross-examination frequently produces critical evidence in trials, especially if a witness contradicts previous testimony.

In July 1984, after a hearing panel of the State Bar Court, after 80 days of testimony and consideration of documentary evidence, the panel accused Rosenthal of 13 separate acts of misconduct and urged his disbarment in a 34-page unsigned opinion.

Although experts are legally prohibited from expressing their opinion of submitted evidence until after they are hired, sometimes a party can surmise beforehand, because of reputation or prior cases, that the testimony will be favorable regardless of any basis in the submitted data ; such experts are commonly disparaged as " hired guns.

Questioning a survivor's testimony, denouncing the role of Jewish collaborators, suggesting that Germans suffered during the bombing of Dresden or that any state except Germany committed crimes in World War II are all evidence of Holocaust denial – according to Deborah Lipstadt – and the most " insidious " forms of Holocaust denial are " immoral equivalencies ", denying the uniqueness of The Holocaust.

If civil commitment proceedings follow, the evaluation is presented in a formal court hearing where testimony and other evidence may also be submitted.

In America, it is understood that juries usually weigh the evidence and testimony to determine questions of fact, while judges usually rule on questions of law, although the dissenting justices in the Supreme Court case Sparf et al.

Their use is restricted in eliciting testimony in court, to reduce the ability of the examiner to direct or influence the evidence presented.

For example, the delay in asserting the claim may have caused a great increase in the potential damages to be awarded, or assets that could earlier have been used to satisfy the claim may have been distributed in the meantime, or the property in question may already have been sold, or evidence or testimony may no longer be available to defend against the claim.

The statement cannot be used as either substantive evidence of guilt or to impeach the defendant's testimony.

Norman Cohn, in his book Europe's Inner Demons, also accused Murray of falsifying her evidence by selectively quoting from the testimony of accused witches, deliberately leaving out fantastical elements to support her claim that real events were being described rather than fantasies ; such elements include testimonies of flying to meetings, transforming into animals, or seeing the devil disappear and reappear suddenly.

* The nineteenth law is that in a disagreement of fact, the judge should not give more weight to the testimony of one party than another, and absent other evidence, should give credit to the testimony of other witnesses.

The convergence of documentary evidence of the type used by academics for authorial attribution — title pages, testimony by other contemporary poets and historians, and official records — sufficiently establishes Shakespeare's authorship for the overwhelming majority of Shakespeare scholars and literary historians, and no evidence links Oxford to Shakespeare's works.

Morris offered no evidence apart from testimony to support his account.

However, Long quotes Heironimus and Morris describing ape suits that are in many respects quite different from one another ; Long speculates that Patterson modified the costume, and offers corroborating evidence and testimony to support this idea.