The Lincoln Mills decision authorizes a whole new body of federal `` common law '' which, as Mr. Justice Frankfurter pointed out in dissent, leads to one of the following `` incongruities '': `` ( ( 1 ) conflict in federal and state court interpretations of collective bargaining agreements ; ;

It would also probably mean different things within the same state -- depending upon what court ( state or federal ) rendered decision.

The petition is made to a higher court for the purpose of overturning the lower court's decision.

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.

An appeal " by leave " or " permission " requires the appellant to obtain leave to appeal ; in such a situation either or both of the lower court and the appellate court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.

After exhausting the first appeal as of right, defendants usually petition the highest state court to review the decision.

Generally speaking the appellate court examines the record of evidence presented in the trial court and the law that the lower court applied and decides whether that decision was legally sound or not.

If the appellate court does find a legal defect in the decision " below " ( i. e., in the lower court ), it may " modify " the ruling to correct the defect, or it may nullify (" reverse " or " vacate ") the whole decision or any part of it.

In some cases, an appellate court may review a lower court decision " de novo " ( or completely ), challenging even the lower court's findings of fact.

In some systems, an appellate court will only consider the written decision of the lower court, together with any written evidence that was before that court and is relevant to the appeal.

Under this standard, the appellate court gives deference to the lower court's view of the evidence, and reverses its decision only if it were a clear abuse of discretion.

On the other hand, the appellate court normally gives less deference to a lower court's decision on issues of law, and may reverse if it finds that the lower court applied the wrong legal standard.

In some cases, an appellant may successfully argue that the law under which the lower decision was rendered was unconstitutional or otherwise invalid, or may convince the higher court to order a new trial on the basis that evidence earlier sought was concealed or only recently discovered.

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.

Additional school desegregation in Tennessee resulted from a court order opening a school serving children of military personnel.

The earlier part of my statement deals with the court orders that resulted in desegregation.

In order for the appeal to succeed, the appellant must prove that the lower court committed reversible error, that is, an impermissible action by the court acted to cause a result that was unjust, and which would not have resulted had the court acted properly.

This resulted in two of his most original operas being consigned to his desk drawer, namely Cublai, gran kan de ' Tartari ( Kublai Grand Kahn of Tartary ) a satire on the autocracy and court intrigues at the court of the Russian Czarina, Catherine the Great, and Catilina ( Cataline ) a semi-comic-semi-tragic account of the Catiline conspiracy that attempted to overthrow the Roman republic during the consulship of Cicero.

A further deportation of Jews from Jerusalem to Babylon occurred in 586 when a second unsuccessful rebellion resulted in the destruction of the city and its Temple and the exile of the remaining elements of the royal court, including the last scribes and priests.

He and the Republican-controlled legislature also enacted " reforms " of the court system that resulted in an increase in the number of judicial appointments.

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

California and Oregon both opposed the measure out of fear of Chinese immigrants, New York initially ratified the amendment, but legislators later attempted to rescind the ratification, a controversial decision that might have resulted in a court challenge, but for the fact that on March 30, 1870, enough states had ratified the amendment for it to become part of the Constitution.

" Though Jewish opinion was mixed, Grant's determination to court Jewish voters ultimately resulted in his capturing the majority of that vote, though Grant did lose some Jewish votes as a result of the order.

* March 4 – In a military court, United States Marine Corps Captain Richard J. Ashby is acquitted of the charge of reckless flying which resulted in the deaths of 20 skiers in the Italian Alps, when his low-flying jet hit a gondola cable.

During the reign of Empress Suiko, the Yamato court began sending full-scale diplomatic missions to China, which resulted in a large increase in Chinese literacy at the Japanese court.

This edict paved the way for Justinian to marry Theodora, a former mime actress, and eventually resulted in a major change to the old class distinctions at the Imperial court.

This resulted in O ' Murphy's banishment from the court.

When the Department continued to license a gas chamber in Cobb County, a second court action was brought, which resulted in the Department being held in contempt.

These have resulted in a half pipe being built next to the basketball court on the park, and a green shelter erected on the same site.

After a 1994 plan was approved and a bond issue passed, additional elementary magnet schools were opened and district attendance plans redrawn, which resulted in the Topeka schools meeting court standards of racial balance by 1998.

The tension between East and West that resulted from Nikephoros ' policies can be glimpsed from Bishop Liutprand of Cremona's very unflattering description of him and his court in his Relatio de legatione Constantinopolitana.

In some cases allegations resulted in criminal trials with varying results ; after seven years in court, the McMartin trial resulted in no convictions for any of the accused, while other cases resulted in lengthy sentences.

It purports to be a letter from Steele to a friend at court, who, in Miss Blanchard's opinion, could only be meant as Swift.

Since the Connally amendment has the effect of giving the same right to the other party to a dispute with the United States, it also prevents us from using the court effectively.

On motion of the Amici Curiae, the court directed that a ruling be obtained from the Commissioner of Internal Revenue as to the federal income tax consequences of the Government's plan.

Du Pont would be enjoined from having as a director, officer, or employee anyone who was simultaneously an officer or employee of General Motors, and no director, officer, or employee of Du Pont could serve as a director of General Motors without court approval.

The action was a result of a court order, the citation for which ( and for other court action mentioned in this paper ) is taken from the Summary Report for this Conference.

that on the immediate horizon, if further large-scale ( relatively speaking ) desegregation comes, it will result from court orders on suits filed in several Middle-South states.

His sense of urgency in this matter stems from the fact that court cases and juvenile arrests have more than doubled since 1948, each year showing an increase in offenders.

Two members of the panel later told in court about receiving telephone calls at their homes from anonymous persons expressing interest in the trial.

The right to file an appeal can also vary from state to state ; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.

An appellate court is a court that hears cases on appeal from another court.

The winning party from the lower court, however, is now the respondent.

One example of this ( from the Queen's Bench in England ) is Doyle v Olby ( Ironmongers ) Ltd 2 QB 158, the claimant appealed ( successfully ) on the basis that, although he won in the court below, the lower court had applied the wrong measure of damages and he had not been fully recompensated.

Likewise, in some jurisdictions, the state or prosecution may appeal an issue of law " by leave " from the trial court and / or the appellate court.

An appeal from the post conviction court proceeds just as a direct appeal.

The nature of this form can vary greatly from country to country and from court to court within a country.

For example, the appellant might have to file the notice of appeal with the appellate court, or with the court from which the appeal is taken, or both.