How To Use Appellate In A Sentence
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An Ohio appellate court last week reversed a lower court ruling that the city's pernicious treatment of marijuana users was unconstitutional under state law.
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The principle of comity is that when one court exercising proper jurisdiction renders an opinion concerning a specific case, then that opinion is binding on other courts to which this same case (same parties, same facts, same issues) is re-presented to a different court under some pretext, except where the second court is exercising appellate review over the first decision.
The Volokh Conspiracy » District Court Opinions Precedential Within the Same District?
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Eighteen months later an appellate court reversed the convictions and criticized the conduct of the trial judge and the prosecution.
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However, the appellate court ruled the zoning board initially denied the permit because Orange Stones wanted to operate a hospital, even though the company insisted the rehabilitation center was a nonhospital facility.
Berks county news
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That is so, in the same way that if after a verdict of guilty an appellate court concludes that the conviction is unsafe and unsatisfactory it quashes the jury's verdict.
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The appellate court, though it reversed the defendant's trial court victory, agreed that such an argument could be pursued.
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A study of their use in appellate briefs (PDF, 334 KB) reports that “as things become less clear, judges tend to use ‘clearly,’ and ‘obviously’ more often.”
July « 2008 « Sentence first
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The mother must ultimately establish before the appellate tribunal that the motions judge erred in principle or materially misapprehended the evidence.
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The San Ramon, Calif., company said Friday that the appeal, called a petition for cassation, "details multiple legal grounds for reversal of the January appellate court decision.
Chevron Appeals Ecuadorean Ruling
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A state appellate court ruled that federal law pre-empted the state claims.
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An appellate forum to redress appeals against the authorities is also being considered.
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An appellate judge who has been in that position since working as a professor is as disconnected from the legal practice as anyone who cannot claim "esquire" as a title.
Real diversity on the Supreme Court.
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Sean Connelly, on assignment from the Justice Department, where he handles appellate work in the criminal division.
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Giving the victim appellate right accords with the developing trend of criminal suit, can fully protect the victim's interests, and can restrict the abuse of court's jurisdiction.
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These pluralistic trends were reflected in efforts to give the state Church of Norway more autonomy from political intervention and to establish more nonpolitical appellate institutions, independent courtlike agencies, similar to the present ombudsmen and the Insurance Court.
Rediscovering Institutions
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Normally appellate judges pronounce on issues of law (for instance, wrong instructions given by the trial judge to the jury).
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Late in the discussion, a student asked the panel to compare clerking at the district-court (or trial-court) level and clerking at the appellate level.
The Story Behind the Story
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What he does believe is that antisodomy laws should remain on the books when they have been legislated into place and not be overturned by appellate courts.
Mind Meld Make-Up Test: Orson Scott Card on Young Adult Fiction
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Accordingly, the Court has authority to do all that is necessary to effectuate the grant of its appellate jurisdiction under section 73 of the Constitution.
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Last May, an appellate court allowed the city to seize two buildings.
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The federal appellate courts are vastly undermanned, largely because Congress blocks more judicial nominees than it confirms.
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It also has an appellate jurisdiction over stamp duty appeals.
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It is not for an appellate court to revisit evidentiary findings of the trial judge absent an error in law as to how such evidence is to be considered.
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‘Although the term ‘purposive construction’ is not new, its entry into fashion betokens a swing by the appellate courts away from literal construction.
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That question has not been determined by any ultimate appellate court in any common law country.
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However, while trial courts have invalidated the statute, the intermediate appellate courts that issued both Hertz and an earlier decision have both found the statute constitutional.
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- Parties do not allege in appellate courts, they argue.
Discourse.net: Mr. Dennis Webb Seeks Your Advice
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The defence cited several cases involving extremely serious charges in which the appellate courts have ordered stays of proceedings because of delay.
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New disputes have arisen following the decisions in the trial and appellate courts.
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The solicitor general's office represents the United States Government in cases before the Supreme Court and supervises the handling of litigation on behalf of the government in all appellate courts.
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appellate court
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An appellate or reviewing Court will set aside a decision affected by bias.
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June 23rd, 2005 at 1:35 pm the judge was not hateful. the judge made a decision–as a judge is supposed to–based on the trial testimony… and recommendations of the experts. people who lose try to ambiguate the matter, but this whole notion that the ny court system conspired to take away her kids is ridiculous. she got busted for trying to smear the father…as she continues to smear him witness her recent appearance on dr. phil. anyway if you read the appellate judges decision returning the kids to bridget even they condemn her for the false molestation allegations.
Regarding the Bridget Marks custody case
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The appellate court reversed, saying the search was lawful because it was incident to the arrest of the passenger.
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Eighteen months later an appellate court reversed the convictions and criticized the conduct of the trial judge and the prosecution.
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An appellate tribunal overturned the original opinion that had eviscerated free speech rights.
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It is highly usual for an appellate court to get involved in a lawsuit before there is a final judgment in a trial.
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It seems that if such a defence fails, the vexatious litigant does require permission to institute appellate proceedings.
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My current, and revisable, answer is that at a very minimum, I think they need the kind of sophistication that appellate judges bring to their opinions, to be able to read and understand those opinions, and to be able to have a start on writing briefs to judges on these issues.
The Volokh Conspiracy » Efficient Market Hypothesis, a Bleg:
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The court has both original, that is, first instance, and appellate jurisdiction.
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Within two years the phrase popularized in the Thomas hearings found its way into judicial proceedings: “It was an error for the trial court,” noted an Ohio appellate judge in a dissenting opinion, “to admit such he said–she said testimony.”
No Uncertain Terms
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It seems that if such a defence fails, the vexatious litigant does require permission to institute appellate proceedings.
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As an egalitarian, I liked the appellate tribunal's manner of lumping together porters, stokers, stretcher bearers, and doctors.
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Brief writing specifically is generally taught in appellate advocacy classes.
The Volokh Conspiracy » Moot Court
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As an egalitarian, I liked the appellate tribunal's manner of lumping together porters, stokers, stretcher bearers, and doctors.
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Sperry and a number of others to their case to the appellate court and eventually the courts proclaimed the oath to be unconstitutional.
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It may be, of course, that the person seeking the intervention of the appellate court will be acquitted.
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For example, SCOTUS has abandoned wide swaths of the law, as anywhere from 60â80% of its threadbare docket is dedicated to resolving conflicts between various courts of appeals, and it has abandoned any and all pretense of policing irregular, censurable, and otherwise outright cor�rupt decisions of our inferior appellate courts, with instances of pure error correction occurring so rarely as to be remarkable.
The Volokh Conspiracy » Rosen on Sotomayor, Part Tres:
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Notwitstanding both sides’ cries against activism, nearly all appellate decisionmaking is somewhat talmudic/cannon-like.
The Volokh Conspiracy » Why Catholics and Jews?
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She called the appellate court decision "a major milestone for our campaign," and said she respects the rule of law and hopes Mr. Emanuel's supporters will consider joining her.
Big Bump in Rahm's Road to City Hall
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Too often a trial becomes a contest between the trial judge and the appellate court, and justice is forgotten.
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Sean Connelly, on assignment from the Justice Department, where he handles appellate work in the criminal division.
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Not having seen the witnesses, the appellate court cannot easily form a view about their general credibility.
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But in all other contexts in ordinary criminal appellate statutes with which this country is familiar, what the jury did may not be ignored.
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It seems to us, with respect, that it completely misconceives the role of the appellate court.
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The U.S. Supreme Court is the final appellate court in the federal system.
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Today, they cannot retain appellate counsel or pay the costs of appeal.
Forensic interview with girl in Tony Alamo case leaked to website
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the appellate court demanded the production of all documents
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My current, and revisable, answer is that at a very minimum, I think they need the kind of sophistication that appellate judges bring to their opinions, to be able to read and understand those opinions, and to be able to have a start on writing briefs to judges on these issues
The Volokh Conspiracy » Efficient Market Hypothesis, a Bleg:
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Well, the other theory of the Constitution is that the appellate jurisdiction is a special jurisdiction.
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Most of the mistrials and reversals have been caused by prosecutors' reliance on a confession by Peter Quartararo that appellate courts consistently have ruled inadmissible because they said it was coerced by police.
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An appellate system is more characteristic of a developed federal or confederal legal system, and it could be argued that the EC is ready for such a change.
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Maybe I'm mistaken, since I'm not an appellate procedure maven (and maybe I'd be mistaken even if I was).
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Juries may award millions, but these cases arguably similar to use of Ford cars to 'pollute' are always shot down at the appellate stage for lack of proximate causation.
An Esper Divergence Problem « Climate Audit
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This may be seen as a rationalization of the appellate courts' tendency to stretch the interpretation of statutes so as to criminalize people who, they think, have manifestly committed a serious wrong.
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The Supreme Court has taken the step being sought by Cuccinelli, known as certiorari before judgment, only a handful of times in the past half century and generally only when the justices are simultaneously considering a related case that has cleared the appellate level.
SFGate: Top News Stories
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And of course, one of my favorites on the appellate grounds is removal of the two jurors, including the foreperson in this case.
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The Senate possesses an effective veto over those choices, and the Constitution assigns to Congress the power to fix the size of the Supreme Court and to restrict the court's appellate jurisdiction.
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The Ohio intermediate appellate court ordered a new trial on the issue of damages.
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In the Commonwealth, appellate courts were arriving at the same conclusions.
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We're taught how to write case briefs, memorandums, appellate briefs, and case citations.
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If this is correct as a general principle, how could it be remedied, particularly at the post-fact finding appellate level?
The Volokh Conspiracy » Koh, No!
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It is explained by reason of the fact that the predicate appellates its form (for ˜You know Socrates approaching™ requires that the predicate ˜know Socrates approaching™ be true of you and so is false), whereas ˜Socrates approaching you know™ requires only that ˜Him you know™ be true, referring to Socrates, and it is true.
Medieval Theories: Properties of Terms
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It would in effect change the regime from a reference system to an appellate one.
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In In re Antrobus, the Tenth Circuit rejected carefully reasoned decisions from the Second and Ninth Circuits and held that crime victims could only obtain appellate relief if they show that the district court had made a “clear and indisputable” error.
The Volokh Conspiracy » A Crime Victim’s Right to Appellate Review?
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Bangladesh is now a secular state as the Appellate Division (of the Supreme Court) verdict scrapped the Fifth Amendment to the constitution ... in this secular state, everybody has religious freedom, and therefore no man, woman or child can be forced to wear religious attires like burqa.
Anushay Hossain: Nobody's 'Basket Case': Bangladesh Leads the Muslim World by Example
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First, the Second Department now has appellate briefs for appeals calendared between January 2004 and approximately 6 months prior to the present date available online.
Legal Practice
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Alan: @A Non-E Mous: I read the daily advance slips from the appellate courts in my state, and I have submitted corrections to the official reporter on several occasions.
The Volokh Conspiracy » God Forbid That Some For-Profit Business Should Benefit While You Help People
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If appeal from an order of affirmance of the intermediate appellate court, it must be adverse or at least partially adverse to the appellant.
Live Blogging at NY Court of Appeals Criminal Justice CLE-Pt. II
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As someone who has seen and used those words -- especially "bamboozle" -- in appellate legal briefs, I find that surprising.
Obama On Track For Big Victory In Mississippi Today
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Appellate courts generally don't like to reverse trial courts' evidence calls.
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Thus in ˜You know Socrates approaching™, the predicate ˜know Socrates approaching™ appellates its concept, the ratio ˜Socrates approaching™, so the proposition is false unless you are aware who it is; whereas in
Medieval Theories: Properties of Terms
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Many of these rulings are judgment calls that cannot be reversed by an appellate court unless the trial judge makes an egregiously bad judgment.
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In such cases, trial court judgments may be reviewed by appellate tribunals, with the Supreme Court having final judgment.
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The company said Friday that it has asked the Ecuadorean appellate court to take all steps to suspend enforcement of the judgment until further order of a tribunal in The Hague, including suspension of any requirement that Chevron post a bond to prevent enforcement of the judgment during the cassation appeal.
Chevron Appeals Ecuadorean Ruling
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The next point is that it really misconceives the nature of the compensation magistrate's appellate jurisdiction.
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Keeping Rove; being unapologetic about the war; explaining why Saddam had to be removed, that there were terror ties between Saddam and al Qaeda, and why the war needs to be seen through to victory; fighting for Alito, and other well-qualified conservative judges at the appellate level; advancing pro-growth, pro-family tax reforms--this agenda won't enamor Bush to liberals.
Archive 2005-11-01
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Once the appellate judge has ascertained that the appellant has legitimately appealed, and that the appeal is not one of those that have only a devolutive effect, he has the right to send to the judge appellee letters called inhibitory, forbidding him to take further action in the case.
The Catholic Encyclopedia, Volume 1: Aachen-Assize
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The appellate court may overturn a trial judge's decision if it is satisfied that the trial judge misapprehended the evidence before him or her, or if the trial judge failed to consider essential evidence constituting an error of law.
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However, there has not been an appellate court case on this topic in the public schools.
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In all the other cases before-mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
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Bozo The Neoclown says: timmeh defines “obstructionism” as telling the repukeliscums “no” while they try to sit activist judges in appellate courts
Think Progress » ThinkFast: February 12, 2010
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The number they're citing of Sotomayor's decisions that have been overturned is the number of Supreme Court decisions based on Sotomayor's appellate court decisions.
Franken's first goal: Dogs for vets
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Too often a trial becomes a contest between the trial judge and the appellate court, and justice is forgotten.
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The appellate court affirmed the judgement of the lower court.
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The appellate court affirmed 51 acquittals and 19 findings of medical negligence by defendant physicians.
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This system lasted until the mid-20th century, when criminal procedure was constitutionalized and the job of reviewing criminal convictions, especially in capital cases, in effect shifted from governors to appellate courts.
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The Appellate Court's decision focused on the dangerous potential of churches to turn public school spaces into sanctuaries for prayer:A worship service is an act of organized religion that consecrates the place in which it is performed, making it a church.
Michele Somerville: Should Churches Be Permitted To Worship On Public School Premises?
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Governor Pataki has filed an appeal, and an appellate court will review the CFE case in October.
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Some courts have both original jurisdiction (that is, cases may be tried first in the court) and appellate jurisdiction.
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His entire practice of law appear to consist of two years or so in appellate litigation, so it would appear that he has zero “trial experience as a lawyer.”
The Volokh Conspiracy » On Eric Liu on Goodwin Liu
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Of course the appellate tribunal also has the power to overturn the Commissioners' conclusion on the ground of an error of law, but only if that error vitiates the conclusion.
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The appellate court might not believe you, or might decide you are speaking up too late.
FATAL FLAW
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The appellate court upheld the verdict
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Of course, the word appears much more often in appellate opinions — I see 322 mentions in ALLCASES, 45 of them appearing in documents that also contain “Selya” and apparently only 4 from Fernandez.
The Volokh Conspiracy » The Russian Influence on American Law
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Those were looked upon with a bit of scorn by the Veteran's Administration as a group of political appointees that had to be pacified and kept quiet and not allowed to throw any monkey wrenches in the working of the machinery of appellate judication.
Oral History Interview with Lucy Somerville Howorth, June 20, 22, and 23, 1975. Interview G-0028. Southern Oral History Program Collection (#4007)
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District courts have no appellate jurisdiction; their decisions may be carried to the courts of appeals, organized into 13 circuits.
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The latter was also known as appellare (to name or appellate).
Medieval Theories: Properties of Terms
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Equal employment opportunity rules will likely come up again before the Commission, since an appellate court recently struck them down.
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It is a tribute to the tribunals that the technicality at the heart of the appellate process in these tribunals can and does coexist with the relative informality in atmosphere and with procedural flexibility.
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Appellate counsel for both sides have done an outstanding job, resulting in briefs that have been more than ordinarily helpful to the court.
Daily Record--Legal Currents Column
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Of the roughly 28,000 appellate court decisions made each year, only 80 to 90 are reviewed by the Supreme Court.
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Recently, President Bush renominated twelve men and women whom he had previously nominated for federal appellate court judgeships.
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A subsequent exoneration of Sterlite by the Securities Appellate Tribunals left many questions unanswered.
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The tragedy and scandal of American legal education is that it tutors idealistic law students to become sophistical, eristic war-makers through the study of appellate litigation for that small portion of matters that will bring them to court, instead of relying on a case method instructing them on how to reconcile opposing viewpoints and settle disputes without recourse to litigation.
Wild Rice
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Chaos would obtain in district and appellate courts across the country, if all of a sudden everybody with an Article III pedigree becomes an equally authoritative declaimer of the constitution.
The Volokh Conspiracy » A Supreme Court Without Stare Decisis:
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The constitution supervision committee exercises the appellate jurisdiction over the unconstitutional cases in accordance with judicial procedure.
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The Court of Final Appeal is the highest appellate court in the HKSAR.
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Finally, having read the Third and Eleventh Circuit cases cited in footnote 166, neither holds as a matter of precedent that ordinary standards of appellate review applies.
The Volokh Conspiracy » A Crime Victim’s Right to Appellate Review?
