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Page "The Bertrand Russell Case" ¶ 2
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judge and hearing
During the hearing, the judge assesses the offense, the mitigating factors, and the defendant's character, and passes sentence.
Although Adams was finally found innocent after years of being processed by the legal system, the judge in the habeas corpus hearing officially stated that, " much could be said about those videotape interviews, but nothing that would have any bearing on the matter before this court.
For those detained as criminal suspects, article 104, paragraph 3 specifically requires that the judge must grant a hearing to the suspect in order to rule on the detention.
To protect the suspect's due-process rights in felony cases ( where the suspect's interest in liberty is at stake ), there is usually a preliminary hearing, at which a judge determines whether there was probable cause to arrest the suspect who is in custody.
During these disorders, the Council of State still assembled at the usual place and the " Lord President Bradshaw John Bradshaw ( judge ), who was present, though by long sickness very weak and much extenuated, yet animated by his ardent zeal and constant affection to the common cause, upon hearing Col Syndenham's justifications of the proceedings of the army in again disrupting parliament, stood up and interrupted him, declaring his abhorrence of that detestable action, and telling the council, that being now going to his God, he had not patience to sit there to hear his great name so openly blasphemed ; and thereupon departed to his lodgings, and withdrew himself from public employment.
Tulane University Sports Law Program Director Gabe Feldman ( who attended the hearing in court ) said, " Clearly the judge, by her questions, indicated she thinks Goodell overstepped his authority, and this case was always going to be about if he executed his power fairly ...
The judges were independent and rid themselves of their nationality for the purposes of hearing cases, owing allegiance to no individual member state, although it was forbidden to have more than one judge from the same state.
In a full court hearing this increased the number to 12 ; in one of the 5-man chambers, the new judge took the place of 1 of the original 5.
As stated in Brewer v. Williams,, the right to counsel “ at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment .” Brewer goes on to conclude that once adversary proceeding have begun against a defendant, he has a right to legal representation when the government interrogates him and that when a defendant is arrested, “ arraigned on arrest warrant before a judge ,” and “ committed by the court to confinement ,” “ here can be no doubt that judicial proceedings ha been initiated .”
Robert Bork, often considered an originalist, stated during his Supreme Court confirmation hearing that a judge should not apply a constitutional provision like this one if he does not know what it means ; the example Bork then gave was a clause covered by an inkblot.
At the court hearing, Vangelis set up synthesizers in the courtroom and played for the judge to demonstrate his compositional process.
After hearing the evidence and often jury instructions from the judge, the group retires for deliberation, to consider a verdict.
Usually, however, sentencing will be handled by the judge at a separate hearing.
A Cincinnati judge issued a temporary restraining order to delay the hearing, but Giamatti fought to have the case moved to Federal Court.
Mario Lucio d ' Andria, the presiding judge at the trial, threw out the charges citing " insufficient evidence " after hearing 20 months of evidence.
Ike Clanton filed murder charges against the Earps and Doc Holliday but they were eventually exonerated by a local judge after a 30-day preliminary hearing and then again by a local grand jury.
Except in the Ninth Circuit Courts, the en banc court consists of all of the circuit judges who are on active status, but it does not include the senior or assigned judges ( except that under some circumstances, a senior judge may participate in an en banc hearing when he or she participated at an earlier stage of the same case ).
On December 18, 2006, Mitchell was again declared unfit to stand trial in the Utah state courts after screaming at a judge during a hearing to, " forsake those robes and kneel in the dust.
In his second book he asserted that " by the hearing we judge of the magnitude of an interval, and by the understanding we consider its many powers.
Upon hearing her sentence for life, Ann Hansen threw a tomato at the judge.
A court order ( a type of court ruling ) is an official proclamation by a judge ( or panel of judges ) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings.
The judge hearing BUAV's application for a judicial review rejected the allegation that the Home Secretary had been negligent in granting the university a license.
Although both parents have the right to petition the court for a support order adjustment, modifications are not automatic, and a judge may decide not to alter the amount of support after hearing the facts of the case.
:" It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.
" He voted in Star Chamber to remove the Irish judge Doninick, Viscount Sarsfield from office for corruption, censuring him severely for hearing a murder case in private and bullying the jury into returning a guilty verdict.

judge and case
Then, when the case went to the jury, the judge excused one of the jurors, saying the juror had told him he had been accosted by masked men at his motel the night before the trial opened.
Alford was sentenced to thirty years in prison, after the trial judge in the case accepted the plea bargain and ruled that the defendant had been adequately apprised by his lawyer.
" In the 1999 South Carolina Supreme Court case State v. Gaines, the Court held that Alford guilty pleas were to be held valid in the absence of a specific on-the-record ruling that the pleas were voluntary – provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant.
The adversarial system ( or adversary system ) is a legal system where two advocates represent their parties ' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.
As opposed to that, the inquisitorial system has a judge ( or a group of judges who work together ) whose task is to investigate the case.
Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.
This is not the case, and both modern adversarial and inquisitorial systems have the powers of the state separated between a prosecutor and the judge and allow the defendant the right to counsel.
' Although members are asked to confess serious sins to him, unlike the Roman Catholic Church, he is not the instrument of divine forgiveness, merely a guide through the repentance process ( and a judge in case transgressions warrant excommunication or other official discipline ).
In addition to de facto renunciation through apostasy, heresy, or schism, the Roman Catholic Church envisaged from 1983 to 2009 the possibility of formal defection from the Church through a decision manifested personally, consciously and freely, and in writing, to the competent church authority, who was then to judge whether it was genuinely a case of " true separation from the constitutive elements of the life of the Church ... ( by ) an act of apostasy, heresy or schism.
Selig was eager to settle the case because the judge had previously ruled that the Expos could not be moved or contracted until the case was over.
By contrast, in civil law jurisdictions ( the legal tradition that prevails in, or is combined with common law in, Europe and most non-Islamic, non-common law countries ), courts lack authority to act where there is no statute, and judicial precedent is given less interpretive weight ( which means that a judge deciding a given case has more freedom to interpret the text of a statute independently, and less predictably ), and scholarly literature is given more.
Absent such delegation, other ecclesiastical courts, even the Roman Rota, are incompetent to judge a case against a cardinal.
# Contempt " in the face of the court " ( not to be taken literally ; the judge does not need to see it, provided it took place within the court precincts or relates to a case currently before that court );
Outcomes are decided by an impartial judge and / or jury, based on the factual questions of the case and the application law.
Pearson v. Chung, the case of a Washington, D. C. judge, Roy Pearson, who sued a dry cleaning business for $ 67 million ( later lowered to $ 54 million ), has been cited as an example of frivolous litigation.
The Chief Justice of Victoria is ex-officio the Administrator, unless he or she is the Lieutenant-Governor, in which case, the next most senior judge is the Administrator.
" After much argument, the judge resolves the case by marrying the lovely plaintiff himself.
This may include the impeachment of the vice president, although legal theories suggest that allowing a defendant to be the judge in his own case would be a blatant conflict of interest.
They are often the subject of discussion of the case, how they will decide who is guilty, and are given by the judge in order to make sure their interests are represented and nothing prejudicial is said.
An iudex then would judge a remedy according to the facts of the case.
Karl Llewellyn, another founder of the U. S. legal realism movement, similarly believed that the law is little more than putty in the hands of a judge who is able to shape the outcome of a case based on personal biases.
* In most common law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law.
In January 1909, the Supreme Court refused to hear the case, and in a new trial before another judge ( Landis recused himself ), Standard Oil was acquitted.
In a court case, the parties obtain a resolution, but control resides with the judge or jury.

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