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Page "Appellate procedure in the United States" ¶ 13
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second and is
In spots such as the elbows and knees the second skin is worn off and I realized the aborigines were much darker than they appeared ; ;
Steinberg spoke with warmth and enthusiasm about Italy: `` Rome is my second home.
He must construct transitions so that a dancer who is told to lie prone one second and to leap wildly the next will have some physical preparation for the leap.
The first half of The Charles Men, ending on the climax of the battle of Poltava in 1709, is more dramatically coherent than the second.
Sibylla is pregnant with their second child when she finds the ivory tablet concealed by her husband, and the identities of mother and son are revealed.
The second reason for his popularity is his complete spontaneity with the guitar.
The idea here is one of discharge but this must stand in opposition to a second view, Plato's notion of the arousal of emotion.
There is a second feature of the influences of literature, good literature, on emotional life which may have some special value for our time.
Again omitting recent developments, E.T. Leeds' dictum of 1913 has stood unchallenged: `` So far as archaeology is concerned, there is not the least warrant for the second ( shore occupied by ) of these theories ''.
And the second requirement for convincing people without their knowledge is artistic talent to prepare the words and pictures which persuade by using the principles which the scientists have discovered.
Even to be `` from hope and fear set free '' is at least better than to have lost the first without having got rid of the second.
Obviously, if this club is going to move from second to first in the American League, it will have to show improvement someplace.
Hank Foiles, backed up by Frank House who will be within calling distance in the minors, make up better second line catching than the Birds had all last year, but Gus is still that big man you need when you start talking pennant.
The 15th Street deposit is not to be confused with the nearby famous Mayflower Hotel cypress swamp on 17th Street reported in The Washington Post, August 2, 1955, which was probably formed during the second interglacial period and is therefore much younger.
The second mistake is Tibet.
Even apart from the fact that now at the age of 31 my personal life is being totally disrupted for the second time for no very compelling reason -- I cannot help looking around at the black leather jacket brigades standing idly on the street corners and in the taverns of every American city and asking myself if our society has gone mad.
He is interested in public opinion for two reasons: first, because it is important in itself, and, second, because he knows that the American public cares about a decent respect for the opinions of mankind.
The second capability is represented by our deployed ground, naval, and air forces in essential forward areas, together with ready reserves capable of effecting early emergency reinforcement.
A second fundamental principle is that involved particularly in the present proceeding -- the difference between nighttime and daytime propagation conditions with respect to the standard broadcast frequencies.
A second and also good practice is to shear off the tops, leaving an inch high stub with just a leaf or two on each branch.
I like to shear half my plants at a time, leaving one half of them to blossom while the second half is getting started on its new round of blooming.
If the plants are cared for and protected over the winter, the second year is more prolific than the first.

second and collateral
The blast from the bomb is focused by dropping it into a walled plaza, rather than allowing it to spread in all directions ; however damage and injuries still occurred outside this area due to the power of the weapon, causing the use of a second bomb to be called off for fear of further collateral damage.
As an additional security measure, Frazee secured a $ 300, 000 loan from the Yankees and used a second mortgage on Fenway as collateral.
Under the doctrine of collateral estoppel, on the other hand, the second action is upon a different cause of action and the judgment in the prior suit precludes relitigation of issues actually litigated and necessary to the outcome of the first action.
The second was called for by the preference which the common law gave to a distant collateral over the brother of the half-blood of the first purchaser ; the fourth conferred an indefeasible title on adverse possession for twenty years ( a term shortened by Lord Cairns in 1875 to twelve years ); the fifth reduced the number of witnesses required by law to attest wills, and removed the distinction which existed in this respect between freeholds and copyholds ; the last freed an innocent debtor from imprisonment only before final judgment ( or on what was termed mesne process ), but the principle stated by Campbell that only fraudulent debtors should be imprisoned was ultimately given effect to for England and Wales in 1869.
* Consanguinity to the fourth collateral line ( 1st cousin ), including legal adoption to the second collateral line
He suffered a cracked rib and a second degree sprain on his medial collateral ligament during the first game against the United States, sidelining him for the rest of the tournament.
The second rose to power in Milan, where they ruled from 1277 to 1447 and where several collateral branches still exist.
With a torn ACL and medial collateral ligament ( MCL ), he underwent his second knee surgery in three years and missed nearly half of the ensuing 2010 – 11 season due to rehabilitation.
A home equity line of credit ( often called HELOC and pronounced Hee-lock ) is a loan in which the lender agrees to lend a maximum amount within an agreed period ( called a term ), where the collateral is the borrower's equity in his / her house ( akin to a second mortgage ).
If a married person should have intercourse with the marriage-partner's blood-relative of the second degree, in the direct or collateral line, a penalty is placed upon the one so sinning of forfeiting the right to ask for marital intercourse from the marriage-partner, though the innocent party does not forfeit the right to claim it.
By the French code the affinity in the direct line, and in the first degree of the collateral line, is a bar to marriage, though the privilege was given to the king to dispense in the second case.
With the arrival of the Pegasus, two Basestars are lost-one by crashing Pegasus into it, a second due to collateral damage from the resulting explosion and debris.
The second son of Pierfrancesco il Vecchio, he belonged to a collateral branch of the Medici family.
During the second game of the 2002 season, Tauscher suffered a sprained medial collateral ligament and a torn anterior cruciate ligament.
This ratio increases when the homeowner takes a second mortgage or home equity loan using the accumulated equity as collateral.
A collateral contract, if forged between the same parties as the main contract, must not contradict the main contract i. e. If the term was agreed upon prior to the completion of the formal contract ( but was still included as a term, and could not be executed until completion of the second term ), the first term will still be allowed ( Hoyt's Pty Ltd v. Spencer ( 1919 ) 27 CLR 133 ).
In Georgia's seventh game of the season against Arkansas, Shockley had to leave early in the second quarter with a sprained medial collateral ligament in his left knee.

second and appeal
This system has three tiers, with 12 county administrative courts ( förvaltningsrätt ) as the first tier, four administrative courts of appeal ( kammarrätt ) as the second tier, and the Supreme Administrative Court of Sweden ( Regeringsrätten ) as the third tier.
In June 2007, the Scottish Criminal Cases Review Commission decided that there may have been a miscarriage of justice and referred Megrahi's case back to Court of Criminal Appeal in Edinburgh for a second appeal.
In 1814 Feuerbach was appointed second president of the court of appeal at Bamberg, and three years later he became first president of the court of appeal at Anspach.
In his natural philosophy, he differs from the schools on two major points: First, he rejects the analysis of corporeal substance into matter and form ; second, he rejects any appeal to ends divine or natural in explaining natural phenomena.
Condorcet methods can allow candidates to win who have minimal first-choice support and can win largely on the compromise appeal of being ranked second or third by more voters.
While usually trying cases in appeal in third instance ( as is normally the case in the Eastern Catholic Churches ), or even in second instance if appeal is made to it directly from the sentence of a tribunal of first instance, it is also a court of first instance for cases specified in the law and for others committed to the Rota by the Roman Pontiff.
An initial decision of the commercial court, on 23 February 2009, finds that that offer was indeed illegal but, on 14 May 2009, a second decision on appeal holds that the Orange Sport offer is not included in the tied-selling ; Orange resumes the marketing of the channel the next day.
The appeals from the County Courts were seen similarly, involving an appeal to the High Court of Justice and the bypassing of the Court of Appeal for a second set of appeals to the Lords.
The Court of Appeal, when considering an application for appeal, may decide based on the paper documents or refer the case to an oral hearing, something often done when it is apparent that a refusal of the written case will lead the applicant to send a second, oral application.
According to the Gospel of John, Pilate has Jesus brought out a second time, wearing the purple robe and the crown of thorns, in order to appeal his innocence before the crowd, saying " Ecce homo ", " Behold the man ".
Her artistic growth, and the strengthening of its public image follows of equal footstep, also in her solo career: if the first album " Simply Deep " made to shine through a sensuality countersigned by delicate sonority and tapes rich in winking looks, beginning from the second album " Ms. Kelly " ( and more with " Here I Am "), her artist identity consolidates her, and sex appeal becomes explicit and sometimes exhibited ( as for instance in the music videos of Ghetto, Comeback, Motivation and Lay It On Me ).
Actually, the program finished in the Top 20 its first season, but ABC determined that the show was losing too much of its lead-in, suggesting low appeal if the show were moved ( a suggestion that came to be realized, as the show's ratings dropped dramatically after a move to another time slot in its second season ).
His appeal to all republicans to sink their differences before the common peril met with some degree of success, and enabled the government to leave the second court-martial of Alfred Dreyfus at Rennes an absolutely free hand, and then to compromise the affair by granting a pardon to Dreyfus.
The verdict was overturned on appeal and Abbandando went on trial a second time in 1941.
After a second album, Junge Römer ( Young Romans ) failed to provide a repeat to his debut single's success ( outside of Austria and Germany, where the album topped the charts ), Falco began to experiment with English lyrics in an effort to broaden his appeal, and chose a new production team.
The appealing party does not need to appeal to the metropolitan ; the party can instead appeal to the Holy See, in which case the Roman Rota would hear the case in the second instance.
With the exception of annulment cases, if the first instance and second instance tribunals agree on the result of the case, then the case becomes res judicata and there is no further appeal.
From 2000 to 2004, during the second period of its participation in the Belgian federal government and under Belgian Prime Minister Guy Verhofstadt, the VLD allegedly lost most of its ideological appeal.
The second, which he legislated himself, was the expansion of the provocatio, or right of appeal to the people, which now made illegal the use of severe force, specifically killing or lashing by the higher magistrates, within the city of Rome.
*"' Ouija board ' appeal ( against second guilty verdict ) dismissed " – R. v. Young ( 1995 )

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