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The holding is a court's determination of a matter of law based on the issue presented in the particular case.In other words: under this law, with these facts, this result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding.
Schmidt believed that evidence of monotheism existed in tribal societies, and argued that all human societies recognize the Supreme Being as a non-exclusive spiritual entity which is paramount and also opposed by other spiritual entities. [4] Pettazzoni challenged Schmidt's concept of a Supreme Being as necessarily entailing monotheism.
In Federalist No. 33, Alexander Hamilton writes about the Supremacy Clause that federal laws by definition must be supreme. If the laws do not function from that position, then they amount to nothing, noting that "A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe.
Papal supremacy is the doctrine of the Catholic Church that the Pope, by reason of his office as Vicar of Christ, the visible source and foundation of the unity both of the bishops and of the whole company of the faithful, and as pastor of the entire Catholic Church, has full, supreme, and universal power over the whole church, a power which he can always exercise unhindered: [1] that, in ...
A "burden of proof" is a party's duty to prove a disputed assertion or charge, and includes the burden of production (providing enough evidence on an issue so that the trier-of-fact decides it rather than in a peremptory ruling like a directed verdict) and the burden of persuasion (standard of proof such as preponderance of the evidence).
A further hearing may be held if the Supreme Court makes a ruling inconsistent with a previous ruling or if the Court deems that the importance, difficulty or novelty of a ruling of the Court justifies such hearing. The Supreme Court also holds the unique power of being able to order "trial de novo" (a retrial).
Reasonable suspicion is a legal standard of proof that in United States law is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch ' "; [1] it must be based on "specific and articulable facts", "taken together with rational inferences from those facts", [2] and the suspicion must be associated with the ...
The Supreme Court held its inaugural session from February 2 through February 10, 1790, at the Royal Exchange in New York City, then the U.S. capital. [11] A second session was held there in August 1790. [12] The earliest sessions of the court were devoted to organizational proceedings, as the first cases did not reach it until 1791. [9]