§ 68 VwVGO rules the preliminary proceeding, called “ Vorverfahren ” or “ Widerspruchsverfahren ”, which is a stringent prerequisite for the administrative procedure, if an action for rescission or a writ of mandamus against an authority is aimed.

If this issue is raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated, and if it so finds, the projected trial will be prevented from proceeding.

Within some criminal justice systems, a preliminary hearing ( evidentiary hearing ) is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial.

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 .”

Phase 1: ( 2 matches ) This winners of the preliminary round play the remaining 2 teams knocked out before the semi finals of the provincial championships, with 2 winners proceeding to Phase 3.

The nine preliminary rounds are followed by a break at which the teams proceeding to elimination rounds are announced.

In this case, the judge has the power to reduce a felony charge of this type to a misdemeanor during various stages of the proceeding, including the preliminary hearing all the way until after a defendant completes probation.

An Article 32 hearing is a proceeding under the United States Uniform Code of Military Justice, similar to that of a preliminary hearing in civilian law.

Darcy Flynn, an SEC lawyer, the whistleblower who exposed this case also revealed that for 20 years, the SEC had been routinely destroying all documents related to thousands of preliminary inquiries that were closed rather than proceeding to formal investigation.

** In the U. S. state of Virginia, the House of Delegates gives preliminary approval to legislation that would ban the recognition of same-sex civil unions and partnerships.

* December 10 – The Surface Transportation Board gives preliminary approval to Dakota, Minnesota and Eastern Railroad's application to build into the Powder River Basin, pending completion of an Environmental Impact Statement.

A recent study gives preliminary evidence that there may be a genetic component.

This gives the non-Born preliminary equation

This is an official preliminary contest of the Miss America Pageant held each September in Atlantic City.

The successful and positive resolution of these crises during adolescence involves an epigenetic principle -- during adolescence, the individual's positive resolutions in each area of identity crisis depend, to a considerable degree, on his already having resolved preliminary and preparatory identity crises during his infancy, childhood, and early adolescence.

Capp himself originated the stories, wrote the dialogue, designed the major characters, rough penciled the preliminary staging and action of each panel, oversaw the finished pencils, and drew and inked the hands and faces of the characters.

The agenda for each session is planned up to seven months in advance and begins with the release of a preliminary list of items to be included in the provisional agenda.

Transposition is particularly effective when employed with fractionation-that is, a preliminary stage that divides each plaintext symbol into several ciphertext symbols.

After preliminary review, the SHPO sends each nomination to the state's historic review commission, which then recommends whether the State Historic Preservation Officer should send the nomination to the Keeper of the National Register.

The preliminary results from the Consumer Confidence Survey are released on the last Tuesday of each month at 10am EST.

In each case, the meaning of the signs was constrained by imputing a particular intention to the Bible, such as teaching morality, but these interpretive bases were posited by the religious tradition rather than suggested by a preliminary reading of the text.

In later years, the contestants also competed in a preliminary interview round in a one-on-one meeting with each individual judge.

In the year preceding the global finals, each delegate must win her national title or a specially designated Miss World national preliminary.

Guest inaugurated and administered what became the second largest Empire Air Training Scheme, beginning with the establishment of three units at Salisbury, Bulawayo and Gwelo, each consisting of a preliminary and an advanced training school.

This is important as a preliminary stage, but philosophy properly begins when it attempts to coordinate or systematize those convictions in harmony, to conciliate apparent contradiction and opposition, as between the correlative notions of finite and infinite, the apparently conflicting notions of personality and infinitude, self and not-self ; in a word, to reconcile the various sides of consciousness with each other.

The preliminary matches were played in 2 groups of 4 each.

The preliminary matches were played in two groups of four teams each, and each country played the others in its group twice.

The preliminary matches were played in 2 groups of 4 each in which each country played its groupmates twice.

Capp himself originated the stories, wrote the dialogue, designed the major characters, rough penciled the preliminary staging and action of each panel, oversaw the finished pencils, and drew and inked the faces and hands of the characters.

The team qualified for the playoffs in all three seasons, but lost in the preliminary round each time.

Auto-drafts use preliminary draft rankings set by each team to automate the draft cycle and establish the teams.

After a preliminary service had been held over the coffin in the house, a woman poured out a glass of wine for each bearer and handed it to him across the coffin with a ' funeral biscuit.

Embu is rated out of 5 ( sometimes 3 at preliminary selection ) judges having 60 points each for the 6 sections and 40 points each for other comprehensiveness.

A preliminary ranking round was held where each archer shot a single FITA round.

The sum of the three scores is known as the Selection Index and is used, along with four general criteria for eligibility such as U. S. citizenship ( or be a U. S. lawful permanent resident or have applied for permanent residence, the application for which has not been denied, and intend to become a U. S. citizen at the earliest opportunity allowed by law ), for both preliminary and primary selection in the National Merit Scholarship Programs.

The prisoners were given a preliminary examination before Justice Moore, at the old police station, during which an altercation occurred between one of the Dailey crowd, named Vance, and a citizen by the name of Watkins, resulting in the shooting of Vance in the groin.

First I make preliminary watercolor sketches in quarter scale ( approximately Af inches ) in which I pay particular attention to the design principles of three simple values -- the lightest light, the middle tone, and the darkest dark -- by reducing the forms of my subject to these large patterns.

* 1828 – Uruguay is formally proclaimed independent at preliminary peace talks brokered by Great Britain between Brazil and Argentina during the Cisplatine War.

From 1919 to 1922 the school was shaped by the pedagogical and aesthetic ideas of Johannes Itten, who taught the Vorkurs or ' preliminary course ' that was the introduction to the ideas of the Bauhaus.

Puzzle Bobble was originally released in Japan only in June 1994 by Taito Corporation, running on Taito's B System hardware ( with the preliminary title " Bubble Buster ").

The event is organised by the sport's governing body, the International Cricket Council ( ICC ), with preliminary qualification rounds leading up to a finals tournament which is held every four years.

Melbourne, which defeated Essendon by just 5 points in the preliminary final, later went on to trounce Richmond by 39 points in the grand final.

Nevertheless, they still managed to battle their way to a 6th successive grand final with wins over Footscray by 8 points in the first semi final and Collingwood by 2 points in the preliminary final.

The Dons sustained numerous injuries in the preliminary final and the selectors sprang a surprise on grand final day by naming the officially retired Dick Reynolds as 20th man.

They beat Sydney easily in the first week of the finals, but were beaten by Carlton by one point in the preliminary final.

This method of designating stars first appeared in a preliminary version of John Flamsteed's Historia Coelestis Britannica which was published by Edmond Halley and Isaac Newton in 1712 without Flamsteed's approval.

In order to construct their model of DNA, Watson and Crick made use of information from unpublished X-ray diffraction images of Franklin's ( shown at meetings and freely shared by Wilkins ), including preliminary accounts of Franklin's results / photographs of the X-ray images that were included in a written progress report for the King's College laboratory of Sir John Randall from late 1952.

William was also stadtholder of the main provinces of the Dutch Republic, then in the preliminary stages of joining the War of the Grand Alliance against France, in a context of international tensions caused by the revocation by Louis XIV of the Edict of Nantes and the disputed succession of Cologne and the Electorate of the Palatinate.

The following demographic statistics are from the CIA World Factbook ().< ref name =" CIA_20110303 ">< sup >†</ sup > note: estimates for this country explicitly take into account the effects of excess mortality due to AIDS ; this can result in lower life expectancy, higher infant mortality and death rates, lower population and growth rates, and changes in the distribution of population by age and sex than would otherwise be expected < sup >‡</ sup > note: the preliminary 2011 numbers differ significantly from those of 2010, which were strongly influenced by the demographic effect of the January 2010 earthquake ; the latest figures more closely correspond to those of 2009 </ ref >

Hypnosis is usually induced by a procedure known as a hypnotic induction, which is commonly composed of a long series of preliminary instructions and suggestions.

A direct indictment is one in which the case is sent directly to trial before a preliminary inquiry is completed or when the accused has been discharged by a preliminary inquiry.

In many common law jurisdictions ( e. g. the Republic of Ireland, Canada, Hong Kong, India, Australia, New Zealand ), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury ( in contrast to a summary offence ).

The new area was led by Allison Mankin and Scott Bradner, and had a directorate with 15 engineers from diverse backgrounds for direction-setting and preliminary document review: The working-group members were J. Allard ( Microsoft ), Steve Bellovin ( AT & T ), Jim Bound ( Digital Equipment Corporation ), Ross Callon ( Wellfleet ), Brian Carpenter ( CERN ), Dave Clark ( MIT ), John Curran ( NEARNET ), Steve Deering ( Xerox ), Dino Farinacci ( Cisco ), Paul Francis ( NTT ), Eric Fleischmann ( Boeing ), Mark Knopper ( Ameritech ), Greg Minshall ( Novell ), Rob Ullmann ( Lotus ), and Lixia Zhang ( Xerox ).

* 1783 – American Revolutionary War: The war's last action, the Siege of Cuddalore, is ended by preliminary peace agreement.