This appeal was taken under 28 U.S.C. § 1254 (2), which provides this Court
with appellate jurisdiction at the behest of a party relying on a state statute or local ordinance held unconstitutional by a court of appeals.
Not exact matches
In all the other Cases before mentioned [within the judicial power of the United States], 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.»
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.
She enjoys a growing reputation for her Supreme Court and
appellate practice,
with expertise in areas including intellectual property, healthcare, personal
jurisdiction and international law.
Long and Christensen found no statistically significant correlation between readability and outcome in the briefs in their study.129 For federal
appellate court briefs and state supreme court briefs, the only variable
with a statistically significant correlation to reversal was
jurisdiction, which is not surprising because state cases have higher reversal rates than federal cases.
In other words, a robot programmed
with the statutes and
appellate cases governing that
jurisdiction could easily decide the case.
In so doing, any
appellate court will inevitably exceed its
jurisdiction to interfere
with the factual component of the unitary determination by the trial judge.
In accordance
with the federal rules of
appellate procedure and the Seventh Circuit's local rules, the parties were required to set out a statement of
jurisdiction and specify the basis for diversity
jurisdiction and the amount in controversy.
«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.»
American LegalNet maintains an inventory of over 1,600 national court rule sets
with a wide coverage of United States
jurisdictions, including federal, state, and
appellate courts.
Conventional wisdom in most
jurisdictions holds that unless the intermediate
appellate court's decision was published
with a dissent, it's not worth seeking Supreme Court review.
The Supreme Court is a court of record
with unlimited civil and criminal
jurisdiction and
appellate jurisdiction from the lower courts.
The prevalence of shorter, simpler emails is also consistent
with my recent legal experience as a litigation associate in a large law firm before starting to teach legal writing full - time — an experience I have drawn on in trying to design realistic assignments.59 The emails I wrote often dealt
with relatively straightforward substantive matters, procedural questions surrounding litigation, or some combination of the two, such as the steps for having an
appellate court relinquish
jurisdiction to correct a scrivener's error in a lower - court judgment or the timeline for responding to an in rem civil forfeiture action.
The supreme court shall have general
appellate jurisdiction, co-extensive
with the state, in both civil and criminal causes, and shall have a general superintending control over all inferior courts, under such rules and regulations as may be prescribed by law.
Like The Conduct of an Appeal, this blog addresses the
jurisdiction and powers of
appellate courts in civil and criminal matters in Canada, together
with significant procedural developments in
appellate courts, including the Federal Court of Appeal and Supreme Court of Canada.
You can receive regular summaries of
appellate decisions in your preferred practice area and
jurisdiction with Casemaker Digest.
The
appellate court agreed
with appellant Wilson that the trial judge lacked
jurisdiction to strike and dishonor the dismissal, but critically found the lower court retained
jurisdiction to enter discovery sanctions and attorney's fees (the latter, subject to any Santisas limitations) post-dismissal anyway.
Karakatsanis J. points to multiple features of the elaborate statutory scheme that might be said to support the alternative interpretation and explains how each of them is nonetheless consistent
with the Board's interpretation (if one can call it that), much of which is supported by reference to a decision made by another body that «formerly» had
appellate jurisdiction from the Board (at para. 44).
(1) is not required to comply
with Canons 4A (4), 4A (5), 4D (2), 4E, 4F, or 4H (3); (2) except as provided in the Conflict - of - Interest Rules for Part - time Magistrate Judges, should not practice law in the court on which the judge serves or in any court subject to that court's
appellate jurisdiction, or act as a lawyer in a proceeding in which the judge has served as a judge or in any related proceeding.
Third,
jurisdiction appeals should be rare and the
appellate court should be slow to interfere
with the lower court's findings.
The
appellate jurisdiction of this court is conferred by the Constitution, and not derived from acts of Congress, but is conferred «
with such exceptions, and under such regulations, as Congress may make,» and, therefore, acts of Congress affirming such
jurisdiction have always been construed as excepting from it all cases not expressly described and provided for.
«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.»
A federal
appellate court in the District of Columbia has considered whether a Nebraska firm
with no office in the District but who transacts business
with the District's residents through its website is subject to the court's
jurisdiction.