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trial and on
Boxell looked at Lawrence with a searching glance, the kind that a prosecuting attorney would give a man on trial.
In the light of these circumstances, as well as the fact that the issue at trial in this respect centered entirely on the Department's recommendation, which petitioner repudiated but which both the appeal board and the courts below found supported by the record, we find no relevancy in the hearing officer's report and notes.
The behavior of a biological aerosol, on a much smaller scale, is illustrated by a specific field trial conducted with a non-pathogenic organism.
The 2 possible outcomes on each trial are `` driver '' or `` nondriver ''.
This subject was one who gave an arm-elevation on the second trial in the naive state but not in the first.
While the interpretations that have been given are inferences only, they gain support from such comments as the following, which was made by one of the Kohnstamm-negative subjects who did not, on the first trial, perceive the tilt illusion.
Jaggers' iron control over her ( `` she would remove her hands from any dish she put before him, hesitatingly, as if she dreaded his calling her back ) '' ) rests on his having once got her acquitted of a murder charge by cleverly contriving her sleeves at the trial to conceal her strength and by passing off the lacerations on the backs of her hands as the scratches of brambles rather than of human fingernails.
It was the trial of oleomargarine heir Minot ( Mickey ) Jelke for compulsory prostitution in New York that put the spotlight on the international play-girl.
If anti-Semitism was on trial in Jerusalem, why was it not identified, and with enough emphasis to capture the notice of the world press, in its connection with the activities of Eichmann's Department of Jewish Affairs, as exemplified by the betrayal and murder of Jews by non-police and non-party anti-Semites in Germany, as well as in Poland, Czechoslovakia, Hungary??
The people who believe and retell the legend have apparently never troubled to read the trial testimony and do not know that the maid changed her testimony on several key points, always to the detriment of Lizzie.
A trial of strength, however, is made quite inevitable by virtue of the fact that anyone engaging in non-violent resistance will be convinced that his action is based on sounder values than those of his opponent ; ;
Less than three hours ago we'd decided, in Maxine Wells's pad on Cosmo, to commit a trial murder.
The disclosure by Charles Bellows, chief defense counsel, startled observers and was viewed as the prelude to a quarrel between the six attorneys representing the eight former policemen now on trial.
The charge that the federal indictment of three Chicago narcotics detail detectives `` is the product of rumor, combined with malice, and individual enmity '' on the part of the federal narcotics unit here was made yesterday in their conspiracy trial before Judge Joseph Sam Perry in federal District court.
-- The FBI yesterday arrested on a perjury charge one of the members of the jury that failed to reach a verdict in the `` Freedom Rider '' bus burning trial four weeks ago.
Finally men arrested Him, gave Him a mock trial, flogged Him, nailed Him on a cross and hung Him between earth and heaven ; ;
Lincoln's most notable criminal trial occurred in 1858 when he defended William " Duff " Armstrong, who was on trial for the murder of James Preston Metzker.
... review, on the other hand, provide an independent and civil inquiry into the validity of a conviction and sentence, and as such are generally limited to challenges to constitutional, jurisdictional, or other fundamental violations that occurred at trial.
On direct appeal, a prisoner challenges the grounds of the conviction based on an error that occurred at trial or some other stage in the adjudicative process.
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.
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.

trial and determining
* in the United States, determining whether the Seventh Amendment's right to a jury trial applies ( a determination of a fact necessary to resolution of a " common law " claim ) or whether the issue will be decided by a judge ( issues of what the law is, and all issues relating to equity ).
In Barker v. Wingo,, the Supreme Court laid down a four-part case-by-case balancing test for determining whether the defendant's speedy trial right has been violated in the case.
The latter's deposition without a formal ecclesiastical trial meant that Photios's election was uncanonical, and eventually Pope Nicholas I sought to involve himself in determining the legitimacy of the succession.
Several methods of determining guilt or innocence were outlawed including trial by ordeal and trial by combat.
The settlement was affirmed on April 21, 2008, with the court saying, " the trial court did not abuse its discretion in approving the amended class action settlement agreement, approving the notice given to class members, or determining the amount of fees.
A subsequent trial however failed to find that CRP was useful for determining statin benefit.
The following are some typical situations that warrant such advice: at a hearing for the youth when determining to detain or release the individual, at a youth ’ s trial, and in situations where the custody of the youth is in question such as conditional supervision and decision reviews.
They are used in a variety of settings, for purposes such as clarifying a diagnosis ( especially in distinguishing between psychiatric and neurological symptoms ), better understanding the impact of a person's neurological condition on their behavior, treatment planning ( especially in rehabilitation settings ), and for legal questions, such as determining if a person is faking their symptoms ( also referred to as malingering ) or if they are capable to stand trial.
The Torrens has a very variable flow leaving early settlers to use trial and error in determining bridge heights, with many bridges consequently being washed away.
The decision was important mainly for the court's determination in the damages phase of the trial that Paramount used " unconscionable " means of determining how much to pay authors.
Victims of crimes of violence and other crimes that Congress and the States may define by law pursuant to section 3, shall have the rights to notice of and not to be excluded from all public proceedings relating to the crime ; to be heard if present and to submit a statement at a public pre-trial or trial proceeding to determine a release from custody, an acceptance of a negotiated plea, or a sentence ; to these rights at a parole proceeding to the extent they are afforded to the convicted offender ; to notice of a release pursuant to a public or parole proceeding or an escape ; to a final disposition free from unreasonable delay ; to an order of restitution from the convicted offender ; to have the safety of the victim considered in determining a release from custody ; and to notice of the rights established by this article.
* Chapter 15-Handles prejudicial attacks according to Aristotle which later on became part of Stasis ( argumentation theory ) which is “ determining the question at issue in a trial .”
On 22 February 1943, Christoph Probst and the Scholls were tried and sentenced together at the Volksgerichtshof by judge Roland Freisler, who was known for often determining sentences even before the trial, and all three were sentenced to death by guillotine.
Quite independently of any recommendation by the jury, the judge is entitled to take into account matters proved during the trial, or laid before him / her after verdict, as a guide to determining the quantum of punishment.
Unfortunately at present there is no reliable method for determining the optimal settings for a given controller / drive combination, except careful trial and error ; nor is there yet any central database that collects and shares the combined experience of hdparm users.

trial and validity
An experiment is a methodical trial and error procedure carried out with the goal of verifying, falsifying, or establishing the validity of a hypothesis.
The validity of this provision of the law, which is still codified at 18 U. S. Code 3501, was not ruled on for another 30 years because the Justice Department never attempted to rely on it to support the introduction of a confession into evidence at any criminal trial.
Finding that no lesser person than the jurist Sir Matthew Hale had permitted this evidence, supported by the eminent philosopher, physician and author Thomas Browne, to be used in the Bury St Edmunds witch trial and the accusations against two Lowestoft women, held in 1662 in Bury St Edmunds, Suffolk, England, they also accepted its validity and the trials proceeded.
" Other controversial cases included the War Crimes Act case ( 1991 ), regarding the validity of the War Crimes Act 1945 ; Dietrich v The Queen ( 1992 ), in which the court found that a lack of legal representation in a serious criminal case can result in an unfair trial ; Sykes v Cleary ( 1992 ), regarding the disputed election of Phil Cleary ; and Teoh's case ( 1995 ), in which the court held that ratification of a treaty by the executive could create a legitimate expectation that members of the executive would act in accordance with that treaty.
Whereas in his Majesty's province of Massachuset's Bay, in New England, an attempt hath lately been made to throw off the authority of the parliament of Great Britain over the said province, and an actual and avowed resistance, by open force, to the execution of certain acts of parliament, hath been suffered to take place, uncontrouled and unpunished, ...: and whereas, in the present disordered state of the said province, it is of the utmost importance ... to the reestablishment of lawful authority throughout the same, that neither the magistrates acting in support of the laws, nor any of his Majesty's subjects aiding and assisting them therein, or in the suppression of riots and tumults, ... should be discouraged from the proper discharge of their duty, by an apprehension, that in case of their being questioned for any acts done therein, they may be liable to be brought to trial for the same before persons who do not acknowledge the validity of the laws, in the execution thereof, or the of the magistrate in support of whom, such acts had been done: in order therefore to remove every such discouragement from the minds of his Majesty's subjects, and to induce them, upon all proper occasions, to exert themselves in support of the public peace of the province, and of the authority of the King and Parliament of Great Britain over the same ; be it enacted ..., That if any inquisition or indictment shall be found, or if any appeal shall be sued or preferred against any person, for murther, or other capital offense, in the province of the Massachuset's Bay, and it shall appear, by information given upon oath to the governor ... of the said province, that the fact was committed by the person against whom such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred, as aforesaid, either in the execution of his duty as a magistrate, for the suppression of riots, or in the support of the laws of revenue, or in acting in his duty as an officer of revenue, or in acting under the direction and order of any magistrate, for the suppression of riots, or for the carrying into effect the laws of revenue, or in aiding and assisting in any of the cases aforesaid ; and if it shall also appear, to the satisfaction of the said governor ... that an indifferent trial cannot be had within the said province, in that case, it shall and may be lawful for the governor ..., to direct, with the advice and consent of the council, that the inquisition, indictment, or appeal, shall be tried in some other of his Majesty's colonies, or in Great Britain ; and for that purpose, to order the person against whom such inquisition or indictment shall be found, ... to be sent, under sufficient custody, to the place appointed for his trial, or to admit such person to bail, taking a recognizance ... from such person, with sufficient sureties, ... in such sums of money as the said governor ... shall deem reasonable, for the personal appearance of such person, if the trial shall be appointed to be had in any other colony, before the governor, ... of such colony ; and if the trial shall be appointed to be had in Great Britain, then before his Majesty's court of King's Bench, at a time to be mentioned in such recognizances ; and the governor, ... or court of King's Bench, where the trial is appointed to be had in Great Britain, upon the appearance of such person, according to such recognizance, or in custody, shall either commit such person, or admit him to bail until such trial ....
The magazine Civil Government also reported several reasons to doubt the validity of the testimonies given by Jung's initial accusers during the trial,
Former Pitcairn resident Shawn Brent Christian, 29, then living in Australia, announced a legal challenge to the validity of New Zealand lawyers ’ and judges ’ carrying out a trial in a British colony on 27 November 2005.
Such experiments do not approximate the actual look, feel and procedure of a real courtroom trial, and therefore lack ecological validity.
The dietary trial has been criticized by epidemiologists for its lack of validity, both internal ( the desired endpoint for fat reduction in diet was not fully achieved ) as well as external ( a group of post menopausal women is not generalizable to all women ).
Spamhaus subsequently announced that it would ignore the judgement because default judgements issued by U. S. courts without a trial " have no validity in the U. K. and cannot be enforced under the British legal system ".
The validity of the court-martial remains the pivotal issue in the Morant case, but the disappearance ( or suppression ) of the original trial records has prevented a full investigation of this matter for over a century.
The FDA approved the drug despite the advisory committee's split vote ( 10 to 10 ) due to concerns about the validity of the claimed efficacy and safety findings on the basis of a single trial.
In the second trial case the AMA had the burden of proof, needing to establish the validity of the boycott.
Several legal experts as well as the UN observer at the Lockerbie trial have vehemently challenged the verdict that convicted Megrahi, while Ulrich Lumpert, the Mebo AG engineer who testified to the validity of a key piece of evidence, admitted in an affidavit to lying in court and stealing the object from his employer, after which he gave it to one of the crime investigators.
The record does not show that the defendant separately challenged in the trial court the validity of the first clause.
The finding of " difference " or " no difference " between two interventions is not a direct demonstration of the internal validity of the trial unless another internal control confirms that the study methods have the ability to show a difference, if one exists, over the range of interest ( i. e. the trial contains a third group receiving placebo ).

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