This might be the proper standard of review, for example, if the lower court resolved the case by granting a pre-trial motion to dismiss or motion for summary judgment which is usually based only upon written submissions to the trial court and not on any trial testimony.

Subsequent testing and epidemiological investigation failed to corroborate substantial link, and Los Angeles County Superior Court Judge Wendell Mortimer granted summary judgment against the plaintiffs.

The other defendants in that case ( Grokster and MusicCity, makers of the Morpheus file-sharing software ) initially prevailed against the plaintiffs on summary judgment ( Sharman joined the case too late to take advantage of that ruling ).

In 2003, these claims were dismissed on summary judgment because the relief sought would violate the Commerce Clause of the United States Constitution.

Following this, each judge would write an anonymous summary containing his opinion ; these would be circulated among the Court for 2 or 3 days before the President drafted a judgment containing a summary of those submitted by individual judges.

Sometimes, particularly potent issues are brought before an appeals court, such as a constitutional determination made by a lower court, or summary judgment granted by a lower court.

Deposition of the opposite party is often used to produce self-incriminating statements from the deponent, also document identification questions can make exhibits admissible for hearings and summary judgment motions.

Furthermore, deposition transcripts are frequently submitted in support of motions for summary judgment as evidence that there is no triable issue of fact.

A summary judgment was granted in favor of URA on both of Weber's claims.

On October 9, 1981, both parties in the Mermelstein case filed motions for summary judgment in consideration of which Judge Thomas T. Johnson of the Superior Court of Los Angeles County took " judicial notice of the fact that Jews were gassed to death at the Auschwitz Concentration Camp in Poland during the summer of 1944.

District judges usually concentrate on managing their court's overall caseload, supervising trials, and writing opinions in response to important motions like the motion for summary judgment.

Robertson lost the lawsuit without it getting past summary judgment.

These rights prohibit the use of force in an arrest or detention context which would amount to punishment or summary judgment and provide that a person accused of a crime is not subject to punishment without legal process and a trial.

When federal judge John Kane denied Scientology's request for summary judgment because FACTNet challenged Scientology's ownership of the copyrights of the documents, a settlement was reached in 1999.

Motions for summary judgment, for example, can usually be brought before, after, or during the actual presentation of the case.

On April 17, 2012, New York Judge Barbara Kapnick " granted a SiriusXM motion for summary judgment, dismissing the lawsuit.

In January 2012, the plaintiffs in Pender v. Omaha Tribe filed a request with the Omaha Tribal Courts for a summary judgment due to the length of time the case had taken.

In its judgment summary the Appeals Court said, " The trial court acted without jurisdiction in entering an injunction against the Election Commission.

Judge David Cain upheld the constitutionality of the statute and granted summary judgment to the State of Ohio on July 30, 2004.

A summary judgment followed in 1995, full proceedings in 1999, an appeal in 2001 which has been upheld by the Supreme Court of Netherlands in December 2005, all in favor of the provider and Karin Spaink, putting freedom of speech above copyright in some cases.

Under the circumstances presented by this case, we conclude that the defendants are not liable for contributory and vicarious copyright infringement and affirm the district court's partial grant of summary judgment.

On 14 February 2006, the plaintiffs filed motions for summary judgment as to the liability of the remaining defendants, StreamCast and Sharman.

On 27 September 2006, Judge Steven Wilson of the United States District Court for the Central District of California granted summary judgment to the plaintiffs as to StreamCast's liability.

In its summary of the ruling, the Israel Ministry of Foreign Affairs stated that the belief that Jesus is the Messiah " cannot be reconciled with Judaism " and " marks the clear separation between Judaism and Christianity.

Published judgments are extremely brief, containing a statement of the case — citing relevant statutory authorities — and a summary of ruling.

On April 4, 2006, Federal judge Ronald S. W. Lew issued a summary judgment ruling that Jerry Siegel's heirs had the right to revoke their copyright assignment to Superboy and had successfully reclaimed the trademark to the name as of November 17, 2004.

Riker, forced to prosecute against Data to prevent a summary ruling against him ( to ensure the issue is accorded due process of law ), enters the same argument Maddox had made years before, where Maddox was the sole dissenting vote as to Data's petition to attend Starfleet Academy and pursue a Starfleet commission.

A " motion for summary judgment " asks the court to decide that the available evidence, even if taken in the light most favorable to the non-moving party, supports a ruling in favor of the moving party.

The final district court ruling, on November 20, 2008, affirmed the summary judgment, and added interest and a constructive trust.

Reis ' estate ( he was dead by that time ) lost its summary judgment motion to make the ruling go away.

The plaintiffs sought review in the District Court, which granted summary judgment for the FEC ; this ruling was affirmed by a panel of the Court of Appeals, but the Court of Appeals en banc reversed.

While federal Judge Lawrence P. Zatkoff a the request by the Department of Justice to dismiss the lawsuit in 2009, he reached a summary judgment in January, 2011, noting that the religious involvement did not achieve the " excessive entanglement " required under a precedential ruling.

In summary, Brooks Adams felt that the nature of history was order and that the order so discovered was as much subject to historical laws as the forces of nature.

Not a thought nor a cadence was missed in her summary of appreciation.

An excellent summary of advantages concerning the uniform fiscal year and coordinated fiscal calendars was contained in a paper presented by a public finance authority recently.

It was not until 1886 that the stolen base appeared as something to be tracked, but was only to " appear in the summary of the game ".

The Jewish ordering of the canon suggests that Chronicles is a summary of the entire span of history to the time it was written.

The programme was made up mostly of interviews focusing on current affairs, and included a full paper review, a weather summary, and a news update at 09: 00, 09: 30 and 10: 00.

The creed was apparently used as a summary of Christian doctrine for baptismal candidates in the churches of Rome.

According to the logical positivists, unless a statement could be verified by experience, or else was true or false by definition ( i. e. either tautological or contradictory ), then it was meaningless ( this is a summary statement of their verification principle ).

The use of descriptive and summary statistics has an extensive history and, indeed, the simple tabulation of populations and of economic data was the first way in which the topic of statistics appeared.

The idea of MWI originated in Everett's Princeton Ph. D. thesis " The Theory of the Universal Wavefunction ", developed under his thesis advisor John Archibald Wheeler, a shorter summary of which was published in 1957 entitled " Relative State Formulation of Quantum Mechanics " ( Wheeler contributed the title " relative state "; Everett originally called his approach the " Correlation Interpretation ", where " correlation " refers to quantum entanglement ).

Another summary, of the period prior to the Schola, also appeared in 1911: the, which was a kind of compilation of the best of what he had written up to 1903.

" Philip Melanchthon, a writer during the Reformation, suggested that Romans was caput et summa universae doctrinae christianae (" a summary of all Christian doctrine ").

A four-day total curfew was declared under which any civilian outside their home was subject to summary execution.

The first explicit and systematic summary of the materialist interpretation of history published, Anti-Dühring, was written by Friedrich Engels.

Human Rights Watch has cited a number of summary executions as particular examples of violations of the rules of warfare, including the case of Muhammad Swairki, 28, a cook for Palestinian Authority Chairman Mahmoud Abbas's presidential guard, who was thrown to his death, with his hands and legs tied, from a 15-story apartment building in Gaza City.

Initially, this was caused by the revulsion over the summary executions of 16 leaders — some of whom, such as James Connolly, who was too weak to stand from wounds sustained in the fighting — and of other people thought complicit in the rebellion.

In summary, " For a writer whose early novels set in Scotland were prized for their historical accuracy, Scott was remarkably loose with the facts when he wrote Ivanhoe ...

A summary of their findings and recommendations, was published, as were two detailed reports ; one on the chemical safety, of food irradiation and the other on the efficacy and microbiological safety, of food irradiation.

In the article it states " On Sept. 9, according to a secret CIA summary of the interview, al-Faruq confessed that he was, in fact, al-Qaeda's senior representative in Southeast Asia.

:" It was indeed nothing short of a summary, in sequential and numbered paragraphs, of everything that the mind of European man had yet conceived or discovered.