Look, there is yonder in the lower court
a tree, and under the shade of that tree we shall breathe more freely than in this hot atmosphere of spilt wine.
And the coachman, with the outriders, is waiting in the lower court
of the castle.
COURT'S OPINION: The United States Court of Appeals, First Circuit, vacated the judgment of the lower court
and remanded the case back to it for further action.
As a result, qualified immunity was granted on the self-incrimination violation, but the case was remanded to the lower court
for further proceedings on the due process question.
Last year a lower court
ruled against Silverstein, but his lawyers won an appeal, which was heard last week by U.
As a rule, higher courts defer to lower courts
' findings of fact, on the basis that the lower court
evaluates the facts first-hand, and, as such, is in a better position to determine their validity and verity.
7th Circuit Court of Appeals to overturn a lower court
decision that permitted Elkhart to display the Ten Commandments adjacent to city hall.
The Nova Scotia Court of Appeal, the province's top court, on July 12, 1996, overturned a 1995 "landmark" ruling of a lower court
that held the Diocese of Antigonish responsible for the secret criminal sexual abuse perpetrated by one of its priests.
The evidence in the case, the court observed, was subject to competing interpretations, and the lower court
did not clearly err in finding that Adlman had not established that he was seeking the advice of Arthur Andersen to facilitate his rendition of legal services.
Observation: The Sixth Circuit seemed sympathetic to the IRS but ultimately remanded the case to the lower court
to restore the question of whether Progressive was entitled to a dividends received deduction.
decisions that have piled up in recent years in areas from free speech to police brutality have often gone far beyond where the Supreme Court would dare to tread.
WASHINGTON -- The American Center for Law and Justice (ACLJ), which specializes in constitutional law, today filed an amicus brief with a federal appeals court supporting the federal government's request to overturn a lower court
decision that declared a key terrorism surveillance program of the National Security Agency (NSA) unconstitutional.