The Connally amendment says that the United States, rather than the court, shall determine whether a matter is essentially within the domestic jurisdiction of the United States in a case before the World Court to which the United States is a party.

If the case is thus determined by us to be domestic, the court has no jurisdiction.

But it is crucial that here, unlike Burford, the trial court was ordered to retain the case until the state courts had had a reasonable opportunity to settle the state-law question.

`` Unfortunately '', says Chief Postal Inspector David H. Stephens, who has prosecuted many device quacks, `` the ghouls who trade on the hopes of the desperately ill often cannot be successfully prosecuted because the patients who are the chief witnesses die before the case is called up in court ''.

William A. Redding asserted that if the case had been heard in open court under rules of evidence, the testimony would have been completed in sixty days instead of five years.

He asked members of the panel to tell him if anyone outside the court had spoken to them about the case.

In United States appellate procedure, an appeal is a petition for review of a case that has been decided by a court of law.

The nature of an appeal can vary greatly depending on the type of case and the rules of the court in the jurisdiction where the case was prosecuted.

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.

The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered.

This can mean that where it is the defendant who appeals, the name of the case in the law reports reverses ( in some cases twice ) as the appeals work their way up the court hierarchy.

The second is the collateral appeal or post-conviction petition, in which the petitioner-appellant files the appeal in a court of first instance — usually the court that tried the case.

Generally, an appeal of the judgment will also allow appeal of all other orders or rulings made by the trial court in the course of the case.

However, certain critical interlocutory court orders, such as the denial of a request for an interim injunction, or an order holding a person in contempt of court, can be appealed immediately although the case may otherwise not have been fully disposed of.

The highest state court, generally known as the Supreme Court, exercises discretion over whether it will review the case.

It may, in addition, send the case back (" remand " or " remit ") to the lower court for further proceedings to remedy the defect.

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.

After an appeal is heard, the " mandate " is a formal notice of a decision by a court of appeal ; this notice is transmitted to the trial court and, when filed by the clerk of the trial court, constitutes the final judgment on the case, unless the appeal court has directed further proceedings in the trial court.

Other contributing factors were the Southern Court's control of the Japanese imperial regalia, and Kitabatake Chikafusa's work Jinnō Shōtōki, which legitimized the South's imperial court despite their defeat.

In 1761, a court decision granted to Jean de La Fontaine's granddaughters the right of ownership of La Fontaine's work, legitimized by the right of inheritance.

The court dismissed the case, ruling that only the third-party posters of the advertisements, and not the ISP itself, would have standing to sue the retailers.

Since then, a steady stream of evidence — including many more internal documents, statements from former members, statements from psychotherapy clients who were the targets of unsuccessful recruitment as late as 2002, and sworn court deposition testimony — has indicated that the IWP continues as the core organization of a community that includes electoral third-party activists, actors, therapists, youth programs, and cultural entities that openly follow Newman's philosophy.

Aggrieved consumers may also file a private lawsuit in a state or federal court to collect damages ( actual, statutory, attorney's fees, and court costs ) from third-party debt collectors.

Circuit Court ultimately ruled in 2005 that because Congress vested discretionary power in the FEC ( meaning that an FEC action would have to rise to the level of arbitrary and capricious to be challenged ), the court would not overrule the FEC's determinations that " found that the third-party challengers had failed to provide ' evidence that the CPD is controlled by the DNC or the RNC ,'" and that the CPD provided sufficient rationale for barring third party candidates from entering the debates as audience members out of fear they might have disrupted the live debates in protest over having been excluded as debate particpants.

In the next election, in spite of being a third-party candidate and still being in open violation of the state supreme court order to pay his opponent's legal fees, Jore was elected over the Democratic candidate Jeanne Windham, with 56. 2 % of the vote.

Auction website eBay has been to court in an attempt to suppress a third-party company from using bots to traverse their site looking for bargains ; this approach backfired on eBay and attracted the attention of further bots.

However, the court held that Direct Revenue was protected by its Standard Distribution Agreement, a document that directed the third-party distributors to obtain legally-valid affirmative consent and make all legally-necessary disclosures prior to installation of the adware client.

In order to discourage abuse of these proceedings, third-party participants may not later assert that a patent is invalid “ on any ground that raised or could have raised during the inter partes reexamination proceedings .” Some observers believe that this estoppel dissuades potential requesters from use of reexamination, forcing them into federal court.

The development of the idea that the " State " dispenses justice in a court only emerges in parallel with or after the emergence of the concept of sovereignty.

In contrast, on July 21, 2010, in a lawsuit involving whether college cheerleading qualified as a sport for purposes of Title IX, a federal court, citing a current lack of program development and organization, ruled that it does not, but may in the future.

Chivalry and the court life flowered, leading to a development of German culture and literature ( see Wolfram von Eschenbach ).

As the ICTY is part of the United Nations and as it was the first international court for criminal justice, the development of a juridical infrastructure was considered quite a challenge.

Much of the development of insider trading law has resulted from court decisions.

** The development of the thoroughbred horse is greatly encouraged by the appointment to the court of King James I of England of courtier George Villiers as Master of the Horse.

Unlike older legacy systems, the newer generation of Unix systems featured standardized programming interfaces and peripheral interconnects ; third party development of hardware and software was encouraged, a significant departure from the norm of the time, which saw companies such as Amdahl and Hitachi going to court for the right to sell systems and peripherals that were compatible with IBM's mainframes.

Although the court ordered more factual development before it could rule definitively on the issue, the court did hold that it was possible for the look and feel of the websites to have trade dress protection if the plaintiff ’ s copyright claims did not already cover those parts.

Uneasiness at the Han court about this development of a new power on the steppes finally ushered in a campaign on the northern border to annihilate the confederacy once and for all.

The magistrates ' court was to move to a new building on a site occupied by the library, which would be incorporated into the new development alongside 300 new homes.

Uneasiness at the Han court about this development of a new power on the steppes finally ushered in a campaign on the northern border to annihilate the confederacy once and for all.

Knob Noster has approximately 34 employees, which includes administration, building and zoning, a community development department, a street department, utilities, court division, full-time police department and a volunteer fire department.

In 2000 a U. S. district court ruled that Sunnyvale had enacted discriminatory planning and zoning practices that were in place to exclude the development of apartments and small single family lots.

As to the development of non-religious knowledge and research in Persia and apart from historical evidence given on such traditions in the preceding Persian Empires, there are reports on systematic activities initiated by the Sasanian court as early as in the first decades of Sasanian rule.

The practice of using recitative for the Evangelist ( rather than plainsong ) was a development of court composers in northern Germany and only crept into church compositions at the end of the 17th century.

bnetd developer Ross Combs and EFF staff attorney Jason Schultz criticized the appeals court ruling, claiming the ruling means software and hardware vendors can use a DMCA-EULA combination to prevent otherwise lawful reverse engineering and chill the development of interoperable systems.

During the Tang Dynasty, acrobatics saw much the same sort of development as European acrobatics saw during the Middle Ages, with court displays during the 7th through 10th century dominating the practice.

Subsequently, Canadian Parks and Wilderness Society ( CPAWS ) filed a court injunction, which halted the development.

The important Bohemian version of the style developed in the court of Charles IV, Holy Roman Emperor in Prague, which for a brief period became a leading force in the development of European art.

Republican Siena had a large influence on the development of the style, but kept to its own dignified Gothic style throughout the period, and afterwards, while the flamboyant Visconti court at Milan, also closely related to the French royal family, was the most important Italian centre of the courtly style.

More positive representations of the stereotype might include the role played by members of the court in the development of politeness and the arts.

Powdering wigs and extensions was messy and inconvenient, and the development of the naturally white or off-white powderless wig ( made of horsehair ) for men is no doubt what has made the retention of wigs in everyday court dress a practical possibility.

During a presentation at court of the Abbé de l ' Épée's work with deaf people and development of sign language, the nobles ridicule the deaf mercilessly.