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appellate court

Reviewing Denied Motion for Summary Judgment   Remand or Rendition of Judgment by Appellate Court

Reviewing Denied Motion for Summary Judgment Remand or Rendition of Judgment by Appellate Court

... Reviewing Denied Motion for Summary Judgment Remand or Rendition of Judgment by Appellate Court SMU Law Review Volume 20 | Issue 4 Article 16 1966 Reviewing Denied Motion for Summary Judgment Remand o[.] ...

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American constitutional communication: Appellate court opinions and the implications for "the judicial power of the United States"

American constitutional communication: Appellate court opinions and the implications for "the judicial power of the United States"

... Supreme Court Ellsworth was already a respected jurist, a member of the Philadelphia convention and, while a United States Senator, the principal drafter and steward of the Judiciary Act o f ...Ellsworth ...

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Baby Doe Rules Have Been Interpreted and Applied by an Appellate Court

Baby Doe Rules Have Been Interpreted and Applied by an Appellate Court

... The court first reviewed the appeal under Wisconsin law and found that the alternative of withholding life-sustaining treatment did not exist because the infant was not in a persistent vegetative ...The ...

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Gavels in the Nursery: An Appellate Court Shuts out Parents and Physicians from Care Decisions

Gavels in the Nursery: An Appellate Court Shuts out Parents and Physicians from Care Decisions

... The crux of the doctrine is to ensure that patients are well informed about the procedure, or choice of procedures, prior to implementation. "In order to insure that[r] ...

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How the JPML Can Benefit from the Federal Circuit and Vice Versa

How the JPML Can Benefit from the Federal Circuit and Vice Versa

... this court may persist in the delusion that claim construction is a purely legal determination, unaffected by underlying facts, it is plainly not the ...other appellate court, which, regarding the ...

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A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte

A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte

... The appellate court may also review any instruction given, refused or modified, even though no objection was made thereto in the lower court, if the substan- trial [r] ...

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Police Science Notes

Police Science Notes

... Upon appeal to the Superior Court of Pennsylvania, the trial court's ruling was affirmed, since, in the language of the appellate court, "the qualifications of the witness were not so ap[r] ...

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Theory and Practice of Illinois v  Rodriguez: Why an Officer's Reasonable Belief about a Third Party's Authority to Consent Does Not Protect a Criminal Suspect's Rights

Theory and Practice of Illinois v Rodriguez: Why an Officer's Reasonable Belief about a Third Party's Authority to Consent Does Not Protect a Criminal Suspect's Rights

... Circuit reversed the lower court's decision.18 0 The appellate court began its analysis by invoking Rodriguez and noted that "it is not clear whether the district court thought the agent[r] ...

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Abstracts of Recent Cases

Abstracts of Recent Cases

... In reversing the conviction, the Illinois appellate court held that unless the court had ordered the defendant to be present, absence from a hearing on a motion for new trial was not a v[r] ...

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Blackstone's Commentaries:  Foothold or Footnote in Louisiana's Antebellum Legal History

Blackstone's Commentaries: Foothold or Footnote in Louisiana's Antebellum Legal History

... a Court of Errors and Appeals in 1843 to hear criminal ...that court provided the first occasion, since statehood, that a criminal defendant had the right to appeal his ...Supreme Court. Merritt M. ...

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In Re Soledad: The Bankruptcy Court's Jurisdiction over Funds Earned by Bankrupt When Multiple Government Claimants Assert Sovereign Immunity and a Right to Set-Off

In Re Soledad: The Bankruptcy Court's Jurisdiction over Funds Earned by Bankrupt When Multiple Government Claimants Assert Sovereign Immunity and a Right to Set-Off

... and that the court did not possess summary jurisdiction over the funds.. The appellate court appeared hesitant to subject the Gov- ernment's funds to a summary turnov[r] ...

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Rechterlijke motiveringsplicht, in het bijzonder in een systeem van verkorte wijze van afdoening. In casu mocht de Noorse hoger beroepsrechter gelet op de gang van zaken in eerste aanleg niet volstaan met het oordeel dat het hoger beroep kennelijk geen ka

Rechterlijke motiveringsplicht, in het bijzonder in een systeem van verkorte wijze van afdoening. In casu mocht de Noorse hoger beroepsrechter gelet op de gang van zaken in eerste aanleg niet volstaan met het oordeel dat het hoger beroep kennelijk geen kans van slagen heeft

... Supreme Court, which relied on domestic systemic con- siderations without finding it necessary to enter into the requirements of Article 6 of the Conven- tion (see paragraphs 40 to 43 of the ...an appellate ...

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Abstracts of Recent Cases

Abstracts of Recent Cases

... The appellate court, with two members dissenting, affirmed the trial court's order, holding that, unless expressly prohibited by statute, a court has the inherent power to order discover[r] ...

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Adolescent Transfer, Developmental Maturity, and Adjudicative Competence: An Ethical and Justice Policy Inquiry

Adolescent Transfer, Developmental Maturity, and Adjudicative Competence: An Ethical and Justice Policy Inquiry

... METHOD This research investigates the underlying ethical reasoning communicated in various state supreme court and state appellate court decisions that address adolescent waiver, develop[r] ...

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Sí, Se Puede (Yes, We Can), Culturally Relevant Biographies: A study on the impact of culturally relevant biographies on social studies instruction

Sí, Se Puede (Yes, We Can), Culturally Relevant Biographies: A study on the impact of culturally relevant biographies on social studies instruction

... final appellate court is likely to uphold their policies when challenged in ...final appellate court that will support their policies and contribute legitimacy with the reputation and prestige ...

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Ford Motor Co. v. Hill, 404 So. 2d 1049 (Fla. 1981)

Ford Motor Co. v. Hill, 404 So. 2d 1049 (Fla. 1981)

... 8 How- ever, since the Florida Supreme Court had never ruled on the issue of strict liability in a second collision situation, the appellate court certified the que[r] ...

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Toward a Consistent Recognition of the Forbidden Inference: The Illinois Rape Shield Statute

Toward a Consistent Recognition of the Forbidden Inference: The Illinois Rape Shield Statute

... The Illinois Appellate Court reversed, holding that the trial court's exclusion of the motive evidence was "manifestly prejudicial" to the defendant.10 5 The court reasoned that the prof[r] ...

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Review of the Work of the English Court of Criminal Appeals for the Last Year

Review of the Work of the English Court of Criminal Appeals for the Last Year

... No Appellate Court in the United States sets aside as large a per cent of the judgments of the trial court reviewed by it as does this highest court of England.. Of this number the judgm[r] ...

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Eighth Amendment  Proportionality Review of Death Sentences Not Required

Eighth Amendment Proportionality Review of Death Sentences Not Required

... Haris,I the Court held that the eighth amendment 2 does not require a state appellate court to conduct a proportionality review of every death sentence to determine if the sentence is eq[r] ...

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Sex and Witchcraft, An Interdisciplinary, Jointly-Taught Course in Comparative Dispute Settlement

Sex and Witchcraft, An Interdisciplinary, Jointly-Taught Course in Comparative Dispute Settlement

... work with which to assess this knowledge. Initially law students are not skeptical about the presentation of facts. They are used to reading appellate court opinion[r] ...

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