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(vii) Offsets in the course of judicial proceedings, including bankruptcy.
While its language allows reversal only where there has been a 'miscarriage of justice,' a long course of judicial decisions has shaped the rule in a manner which cannot be ignored.
Congress has consistently demonstrated concern that the orderly course of judicial proceedings should not, in the absence of compelling circumstances defined by statute, be broken up for the piecemeal determination of the issues involved.
I am disturbed, however, that the Court has sanctioned an extraordinary departure from the usual and accepted course of judicial proceedings by affirming the Court of Appeals decision on an issue that was not decided in the District Court.
While the ordinary course of judicial procedure results in a judgment requiring an award of process or execution to carry it into effect, such relief is not an indispensable adjunct to the exercise of the judicial function.
The course of judicial interpretation in the Judicial Committee of the imperial Privy Council nevertheless transformed the character of the federal constitution under the act by greatly reducing the powers of the federal government and correspondingly increasing those of the provinces.
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Of course, decades of judicial appointments by Republican Presidents had a great deal to do with this reticence on the part of legal liberals.
I know that they each give careful consideration to any recusal questions that arise in the course of their judicial duties.
During the course of the judicial process, campus officials, as well as the young man's own words, will clearly establish that I have done nothing wrong.
The whole point of that provision is to diverge from the ordinary course of the judicial process and to keep petitioner's case against respondent out of the Court of Appeals unless petitioner obtains a COA.
In response to the ICC's actions, a LNA official said, "[w]e announce our readiness to cooperate with you [the ICC] in informing you of the result and course of the judicial case". Neither the LNA, nor its supporters, have any intention of surrendering al-Werfalli to the ICC.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com