Burwell, re ACA contraceptive mandate, Court remands lower-court judgments for further proceedings.
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"What happens if the 4th Circuit remands, we'll wait for some indication in Judge Hazel's opinion," Hulett told CNN.
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Notably, the Government Accountability Office found that even under the current system, 41 percent of the remands from the Board to the Veterans benefits Administration's Regional Office was due to their error.
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U.S. District Judge Dan Polster in Cleveland, who is handling the multidistrict litigation, proposed the two remands in November as a first step in his plan to "accelerate and expedite" the resolution of the thousands of cases in the MDL.
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"The Court concludes that the district court abused its discretion in denying Slatten's motion to sever his trial from that of his co-defendants and therefore vacates his conviction and remands for a new trial," the three-judge appeals panel that heard the case wrote in a joint opinion.
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It can also order additional investigations and production of evidence.Art. 563 N.c.pr.civ. The Court of Cassation (highest civil appellate court) generally only decides questions of law and remands the case for further proceedings.
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The President of the Republic promulgates law. The President remands a law to the Chambers of Parliament, with an explanation, and asks for reconsideration--but must promulgate the law if it is re-approved without modification.
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DS MacKinnon remands Tracy in custody for wasting police time and perverting the course of justice, while Rob is sent to solitary confinement in another prison. However, Ken discusses with Steve's mother Liz McDonald (Beverley Callard) that he knew Tracy did not attack him, but is still unaware of the real assailant.
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The inquest into the death of Berriman proceeded in Buckley's absence and the coroner returned the verdict of wilful murder, with Buckley and Murray as the principals and Taylor as an accessory.The Argus (Melbourne), 27 November 1923, p.9. After almost two months of remands in custody, Taylor was granted bailThe Argus (Melbourne), 14 December 1923, p.4.
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1985 Setting the P.A.C.E.: Police Community Consultation Arrangements in England and Wales, Centre for the Analysis of Social Policy, University of Bath. 1989 The Perrie Lectures 1988, Remands in Custody: problems and prospects, London: Home Office, Prison Department 1989 (with C.Kemp) Behind the Front Counter: Lay Visitors to Police Stations, Bath/Bristol Centre for Criminal Justice Papers No 1. 1989 (ed.
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A judge eventually remands Lindsay into Bo's guardianship. After the release, Lindsay confides in R. J. that she had indeed faked a breakdown to avoid prosecution for Spencer's murder. R. J. writes Lindsay a letter thanking her for confiding in him. The letter gets mixed up with Nora's court filings, though, and the July 7, 2008, episode, Nora forces Lindsay to reveal her secret.
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August's mother is unable to cope with his disorder and remands him to a care facility. However, Blomkvist realizes that August is drawing a picture of his father's killer. Holtser's superior, a woman called Kira, orders him to eliminate the child, but Salander rescues August and reaches out to Blomkvist and Millennium editor Erika Berger. Grane, a friend of Berger's, offers her beachfront vacation property as a safe house.
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On January 29, 2010, a federal appeals court reviewing a decision by Shadur reversed it and remanded the case to a different judge, claiming that Shadur had been too lenient in sentencing a well-known former Chicago lawyer and politician to probation in a corruption case and had committed gross procedural errors.7th Cir. Skewers Judge Shadur Over Ex-Lawyer's Sentence, Remands Case to Another Judge, abajournal.com; accessed March 22, 2015.
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The aide intervenes in the court martial, establishes their presence at the enemy radar station and conveys an invitation to tea with the Prime Minister should they ever be in Whitehall. The court nevertheless demotes Sergeant King to the rank of corporal and remands Private Cuthbertson to military prison for 28 days, lenient sentences for desertion in wartime. A note on screen tells the viewer that the men never meet again.
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Things Remembered, Inc. v. Petrarca, 516 U.S. 124 (1995), was a case in which the United States Supreme Court held that when an action has been removed from state court to a United States Bankruptcy Court, and the bankruptcy court remands to state court because of a timely-raised defect in removal procedure or lack of subject-matter jurisdiction, the removal statute precludes a United States Court of Appeals from reviewing the order..
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Menachem Binyamin Zivotofsky was born in Jerusalem on October 17, 2002, after the enactment of the Congress-passed Jerusalem policy. After their request to the State Department for his passport place-of-birth to say "Israel" was denied, his parents filed suit.Lawfare, Supreme Court Holds No Political Question in Zivotofsky, Remands for Decision on the Merits, March 26, 2012. The United States District Court for the District of Columbia dismissed the case on the grounds that the case brought a nonjusticiable political question.
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One of the major issues between the Albanian government and the Greek minority in Albania is that of education and the need for more Greek-language schools, due to overcrowded classrooms and unfulfilled demand. In addition, the Greek minority remands that Greek language education be made available outside the "official minority zones". In 2006, the establishment of a Greek-language university in Gjirokastër was agreed upon after discussions between the Albanian and Greek government.Country Report on Human Rights Practices in Albania, 2006.
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Thus the court finds it is unlawful to withhold from Lau Ow Bew his rights to Habeas Corpus. In the end, the Supreme Court held that “Lau Ow Bew [was]…unlawfully restrained of his liberty.” The Supreme Court reversed the decision of the Circuit Court of Appeals for the Ninth Circuit, and remands the decision to the Circuit Court of the United States for the Northern District of California, “with directions to reverse its judgment and discharge the petitioner” (Lau Ow Bew).
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In Wilde v Hoffert, on 19 June 1993, the appellants were arrested on charges of dealing in or possessing cocaine, and attempted murder. After their first formal appearance in the magistrate's court, they were granted bail. There followed a series of remands, initially to amend the conditions of bail and thereafter at the request of the prosecution, "for further investigation." On 5 October 1993, the matter was set down for trial in the week of 24 to 28 May 1994.
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Called to the Bar, Gray's Inn in 1947; MP (Conservative) for Billericay 1959–66, for South Fylde 1970–83, for Fylde 1983–87; became a QC 1960; PPS to the Attorney General 1962–63; Chairman, Justice Working Party on Bail and Remands in Custody 1966; Chairman, Bar Council Committee on Parliamentary Privilege 1967; Recorder of the Crown Court 1972–85; Chairman, Society of Conservative Lawyers 1975–85; Steward, British Boxing Board of Control 1975–84; Knighted in 1983; Chairman, Select Committee on Home Affairs 1984–87.
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However, the court falls back on a Supreme Court decision in Sony v Universal to assert that providing access to the print-disabled is in and of itself fair use. The circuit court does not want to decide on the issue of the production of replacement copies for preservation purposes. The plaintiffs have not shown that any of their works would not be replaceable at a fair price, because works that are replaceable as such will not be reproduced by the HDL. Therefore, the court vacates the lower court's decision on this issue and remands it back to them.
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Akal was arrested November 1, 2003, several days after arriving in the Gaza strip. His lawyer Jamil al-Qatib complained that any information stemming from his 20-hour-a-day interrogations over a period of two weeks was useless.Amichai, Rami. Erez Crossing, Israel remands Canadian in alleged attack plot, December 16, 2003New York Times, article Pleading guilty on November 24, he said that he had been counseled by Ahmed Wahabe to follow an unnamed Israeli politician touring the United States, and raise funds in North American mosques to purchase an M16 rifle with which to launch a sniper attack, killing the target.
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Back in the present, the judge, understanding why Jimmy accuses his parents, acquits Jimmy of manslaughter. However, the judge also finds him guilty on charges of possession of stolen property, gives him a five-year suspended sentence and two years' probation and remands him to the custody of his parents until he is twenty-one. The judge then addresses Jimmy's parents (and the camera), warning that any young man could suffer the same fate as Jimmy if left to neglectful parents. The film concludes with a title card informing the audience that the production company is paying all costs to send the film overseas to entertain troops fighting World War II.
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Confession of error is a legal practice whereby the Solicitor General of the United States in his or her role representing the federal government before the Supreme Court of the United States admits a lower court incorrectly decided a case and it is thereby sent back for reconsideration. By confessing error, the Solicitor General declares that the federal government's position, which prevailed in the lower court, was wrong. The Supreme Court typically then vacates the lower court's judgment and remands the case to allow the lower court to consider it in light of the confession of error. (Discussing GVRs (grant, vacate, remand) in the context of confessions of error).
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After the Federal Circuit ruling, the Association for Molecular Pathology petitioned for a writ of certiorari to the Supreme Court, asking it to review this case. The Supreme Court granted the writ, and on March 26, 2012, it vacated the Federal Circuit decision, and remanded the case back to the Federal Circuit. Kevin Noonan for Patent Docs Blog, March 26, 2012 Supreme Court Remands Myriad Case In other words, the Supreme court revoked the original ruling of the Federal Circuit, and directed the lower court to re-hear the entire case again. These Supreme Court actions were made in light of its recent decision in Mayo Collaborative Services v.
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After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. It isn't necessarily an automatic appeal after every judgment has been made, however, if there is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example, if they wanted a larger award than was granted. The appellate court (which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands.
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HMP Maghaberry was built on the site of RAF Maghaberry, a World War II airfield near Lisburn, Northern Ireland, which was used as a flying station by the Royal Air Force and also as a transit airfield for the United States Army Air Forces. At the end of the war, the airfield was run down and various government agencies used parts of the old airfield until the Northern Ireland Office began work on the prison in 1976. Mourne House, which held all female prisoners, young offenders, and remands, was the first part of the new prison to be opened in March 1986. This followed the closure of the existing women's prison at HMP Armagh.
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However, the constitution only requires just compensation after a takings, and because Koontz sued under state law instead of allowing his property to be taken, the Court remands to determine if Florida law provides money damages for an unconstitutional conditions violation. Nollan and Dolan also apply when, as here, the challenged condition amounts to a requirement to pay money, rather than to give up an easement over the property. The Florida Supreme Court had also held that if a government demands money instead of real estate there can be no takings. Alito observes that under this logic the Nollan and Dolan requirements “would be very easy” to avoid, especially since such development impact fees are already “utterly commonplace”.
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In 2013, the Belt and Road Initiative was announced, a massive trade project at the heart of which is Xinjiang. In 2014, Chinese authorities announced a "People's war on terror" and local government introduced new restrictions and banned "abnormal" long beards, the wearing of veils in public places and naming of children to exaggerate religious fervor (including names such as Muhammad or Fatimah) as a campaign against terrorism and extremism. In 2014, the concept of "transformation through education" began to be used in contexts outside of Falun Gong through the systematic "de-extremification" campaigns. Under Zhang, the Communist Party launched its "Strike Hard Campaign against Violent Terrorism" in Xinjiang, leading to many remands, detentions, arrests, and incarcerations.
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The Court of Cassation cannot rule on the merits of a case, so, when quashing a verdict issued by a lower Court, it is possible that the members of the Court realize that further fact-finding is required to reach a final judgement. In these cases, the Court quashes the previous judgement, but it remands the case to another criminal division of the Appellate Court that issued the appealed decision or, if it is not possible, to a criminal division of the nearest Appellate Court. The Judge ad quem (the one the case is remanded to) can try de novo the defendant, but must conform to the contingent points of law applied by the Court of Cassation. The verdict issued by the Judge ad quem is appealable before the Court of Cassation.
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D.Wash.) (W.D.Wash. 2013). Among the benefits of the settlement: asylum seekers with Immigration Court cases may now present their asylum applications to the Court immediately, without having to wait months for an initial hearing before an Immigration Judge; certain asylum seekers whose cases have been pending on appeal will now be able to obtain work authorization when the Board of Immigration Appeals remands their case to an Immigration Judge; asylum seekers and their attorneys will be provided with more effective notice so that they do not inadvertently accept hearing dates which frustrate obtaining a work authorization. In addition, even under the “expedited” process asylum seekers and their attorneys will be provided at least 45 days from the date they file their asylum application in court to prepare for an individual hearing. See EOIR OPPM 13-03, December 2, 2013)(EOIR memorandum implementing policies to comply with A.B.T. settlement).
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A grant, vacate, remand order (GVR order) is a type of order issued by the Supreme Court of the United States in which the Court grants a petition for certiorari, vacates the decision of the court below, and remands the case for further proceedings (hence the acronym by which they are known). An order of this sort is typically appropriate when there has been a change in legal circumstances subsequent to the lower court or agency's decision, such as a change in the law, a precedential ruling, or a confession of error; the Supreme Court simply sends the case back to the lower court to be reconsidered in light of the new law or the new precedent. GVR orders are designed to be efficient and thus are not full explications of the law, and have no precedential effect. GVR orders are usually not explained with lengthy opinions.
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In the first case, the appellate court simply examines the record and determines whether the lower court applied existing law correctly, and reverses and remands (sends the case back) for severe errors. That is, the parties may generally agree on the applicable law, but the appellant will contend that the trial court incorrectly interpreted and applied the existing law. In the second case, the appellate court rules on novel issues in a case, and under stare decisis, those rulings become new law in themselves. In those cases, the parties disagree vigorously if any existing legal rule even applies to the facts of the case, or the appellant may be deliberately trying to attack an established rule in the hope that the appellate court will overturn a prior decision and establish a new rule, or the question has been ruled upon by multiple intermediate appellate courts and is so perplexing that all the lower courts disagree with each other.
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