Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds.

Some courts and observers opine that cases must be dismissed because this is a constitutional bar, and there is no " case or controversy "; others have rejected the pure constitutional approach and adopted a so-called " prudential " view, where dismissal may depend upon a host of factors, whether the particular person has lost a viable interest in the case, or whether the issue itself survives outside the interests of the particular person, whether the circumstance are likely to recur, etc.

In United States v. Cabrales, 118 S. Ct. 1772 ( 1998 ) a jurisdiction issue on venue was invoked by the attendant circumstance that the relevant acts of money laundering occurred in Florida where the case was to be tried, but the funds were derived from the unlawful distribution of cocaine in Missouri.

In that circumstance, the defendant manufacturer or distributor may move to dismiss the case on the basis of spoliation ( instead of just having to rely on the plaintiff's usual burden of proof, the argument being that any testimony of plaintiff's witnesses would not overcome the spoliation inference born of the lost evidentiary value of the missing product itself ).

The only circumstance where a person may be both a British Subject and British citizen simultaneously is a case where a British Subject connected with Ireland ( s. 31 of the 1981 Act ) acquires British citizenship by naturalisation or registration.

Another circumstance which renders the work of Gaius more interesting to the historical student than that of Justinian, is that Gaius lived at a time when actions were tried by the system of formulae, or formal directions given by the praetor before whom the case first came, to the judex to whom he referred it.

The most famous case of forced disappearance in Morocco is that of political dissident Mehdi Ben Barka, who disappeared in obscure circumstance in France in 1965.

In each case, proponents have presented a basis as to why the country is exceptional compared to other countries, drawing upon circumstance, cultural background and mythos, and self-perceived national aims.

In either case what are being addressed are general prices, i. e. prices in the aggregate, not a specific price of a specific good or service in a given circumstance.

Lehman, however, points to the facts that it was committed to stay in New York City, that the new headquarters represented an ideal circumstance where the firm was desperate to buy and Morgan Stanley was desperate to sell, that when the new building was purchased, the structural integrity of Three World Financial Center had not yet been given a clean bill of health, and that in any case, the company could not have waited until May 2002 for repairs to Three World Financial Center to conclude.

It is preferable to use could, may or might rather than can when expressing possible circumstance in a particular situation ( as opposed to the general case, as in the " rivalry " example above, where can or may is used ).

An utterance is said to be necessarily true just in case the content it expresses is true in every possible circumstance ; while an utterance is said to be true a priori just in case it expresses, in each context, a content that is true in the circumstances that context is part of.

Discretionary jurisdiction is a circumstance where a court has the power to decide whether to hear a particular case brought before it.

In the case of the! Kung this is somewhat of a special circumstance.

This, therefore, would be an appropriate circumstance for Richard to insist upon a liquidated damages clause in case Neal fails to perform.

This was the circumstance in the original Supreme Court case, where the Deep Rock Oil Corporation was an undercapitalized subsidiary of the defendant Standard Gas Company.

This circumstance plus the adding of a wide group of football enthusiasts that joined them to play, made the boys to think about founding a club.

This circumstance was due to the fact that imports grew faster than exports.

In fact one modern scholar has wondered if Herodotus left his home in Asiatic Greece, migrating westwards to Athens and beyond, because his own countrymen had ridiculed his work, a circumstance possibly hinted at in an epitaph said to have been dedicated to Herodotus at Thuria ( one of his three supposed resting places ):

Thus he argued that the soul was a material substance, and that this was proved ( a ) by the circumstance that not only bodily qualities, but also mental capacity, are transmitted by ordinary generation from parent to child ; and ( b ) by the sympathy of the soul with the body seen in the fact that, when the body is struck or cut, the soul is pained ; and when the soul is torn by anxiety or depressed by care, the body is correspondingly affected.

This aspect is sometimes described as a " goof " on the part of the film-makers, but was in fact a circumstance beyond their control.

In fact, any given Ventrue can only drink blood from a specific kind of mortal, or from mortals under a specific sort of circumstance.

Donald is a Democrat and is likely to vote for the Democrats ; in fact, only in one particular circumstance will he not: that is, if he thinks about the prospects of immediate American defeat in Iraq just prior to voting.

It is used in condition clauses and some others to express a hypothetical circumstance, usually one contrary to fact, but not relating specifically to the past:

The advertising campaign that accompanied the start of thoroughbred racing at the Meadowlands in 1977 was highly sophisticated and well-received, and was chiefly noted for its use of the song " Racing With The Moon ," originally popularized in 1941 by bandleader Vaughn Monroe ( alluding to the fact that the racing was to be conducted at night-a circumstance that still pertains, although afternoon programs during long holiday weekends are occasionally put on ).

The fact that the suspect knows the uncontested facts of the circumstance does not tell us which party's version of the intent is correct.

He was first stationed at Tenby, and to that circumstance may be attributed the fact that so much of his geological work dealt with Wales.

An example would be a circumstance such as a defendant agrees to a plea agreement but the fact that the resulting conviction will have a direct consequence, such as lifetime registration as a sex offender, has been withheld from the defendant.

The use of could with the perfect infinitive expresses past ability or possibility, either in some counterfactual circumstance ( I could have told him if I had seen him ), or in some real circumstance where the act in question was not in fact realized: I could have told him yesterday ( but in fact I didn't ).

The only circumstance that suggests anything respecting his age is the fact that among the letters of Aristaenetus there are two between Lucian and Alciphron ; now as Aristaenetus is nowhere guilty of any great historical inaccuracy, we may safely infer that Alciphron was a contemporary of Lucian — an inference which is not incompatible with the opinion, whether true or false, that Alciphron imitated Lucian.

" When a well-clothed philosopher on a bitter winter ’ s night sits in a warm room well lighted for his purpose and writes on paper with pen and ink in the arbitrary characters of a highly developed language the statement that civilisation is the result of natural laws, and that man ’ s duty is to let nature alone so that untrammeled it may work out a higher civilisation, he simply ignores every circumstance of his existence and deliberately closes his eyes to every fact within the range of his faculties.

Another dubious circumstance is the fact that no witnesses have ever testified to seeing Quick in the proximity of any of the crime scenes, even though more than 10, 000 people were interviewed for intricate details.

To this circumstance may be attributed the fact that Lekha received a relatively normal upbringing and a standard education, suitable to modernizing, upwardly mobile families rather than aristocratic ones.

" It is vulgar that a simple episode, an occasional circumstance or a fact of little value, would justify the existence of name applied to a determined site or place, that afterwords it would be converted into a population centre or an important place.

Among the points that were brought out were the routine violation of patients ' rights as regards giving consent for treatment ; the fact that Sargant admitted in correspondence with an Australian lawyer that patients had died under his deep sleep regime ; and the circumstance that all patient records at St Thomas's and the related health authorities relating to Sargant's activities have been destroyed, making it difficult-if not impossible-for patients to seek redress through the courts.

announce to the Directory the defeat of the Papal troops ), to acquaint you with the capture of Mantua, the news of which I received yesterday evening by a courier from Mantua itself I thought it necessary to announce this circumstance, because General Bonaparte, who is occupied in Bomagna annihilating the troops of his Holiness, may probably have been ignorant of this fact when his courier departed.

Since 1896 he represented Gödöllö in the Hungarian Parliament, a fact which is the more noteworthy because of the circumstance that this district is the favorite residence of Francis Joseph I, and is under the influence of court officials.

Despite the above-average skill Doublecross has for his job, in almost any other circumstance, other Autobots can't depend on Doublecross for anything ... in fact, he can't even depend on himself.

Clarendon in particular praises his statesmanship, and compares his capacity with Lord Strafford's, adding, however, that he seldom spoke in the council except on legal business and had little influence in political affairs ; to the latter circumstance he owed his exceptional popularity.

For Adolf Hitler, the circumstance was no dilemma, because the Drang nach Osten (" Drive towards the East ") policy secretly remained in force, culminating on 18 December 1940 with Directive No. 21, Operation Barbarossa, approved on 3 February 1941, and scheduled for mid-May 1941.

Nonetheless, the Soviet withdrawal from Afghanistan remained unresolved, and Sino-Soviet diplomacy remained cool, which circumstance allowed the Reagan government to sell American weapons to Communist China and so geopolitically counter the USSR in the Russo – American aspect of the three-fold Cold War.

Efforts to read some significance into the numbers of towers and faces have run up against the circumstance that these numbers have not remained constant over time, as towers have been added through construction and lost to attrition.

Even within the confines of their kingdom the nature of royal power remained fluid, its definition subject to the dictates of geography, social relationships, and circumstance

Soon after his departure, his estate buildings were burned by the Indians, and in consequence of this circumstance he remained in England several years, during which time he sold his estate there, bestowing, according to the English custom of primogeniture, a large portion of his property upon his eldest son, John, Jr., who had arrived at the years of manhood, and preferred to remain in the land of his birth.

His eldest daughter remained with her father at The Oaks as the estate was called, from the circumstance that a large portion of the lands in the purchase were thickly covered with gigantic oak trees.