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The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional right". [2] The application may be made explicitly, but a notice of appeal made without a certificate of appealability is treated as an implicit application for the certificate. [3] "To obtain a [certificate of appealability ...
The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.
Appeals by sanctioned editors. Appeals may be made only by the editor under sanction and only for a currently active sanction. Requests for modification of page restrictions may be made by any editor. The process has three possible stages (see "Important notes" below). The editor may:
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The Supreme Court of the United States delineated the test for the availability of interlocutory appeals, called the collateral order doctrine, for United States federal courts in the case of Lauro Lines s.r.l. v. Chasser, [2] holding that under the relevant statute (28 U.S.C. § 1291) such an appeal would be permitted only if:
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Appeal to fear – generating distress, anxiety, cynicism, or prejudice towards the opponent in an argument. [79] Appeal to flattery – using excessive or insincere praise to obtain common agreement. [80] Appeal to pity (argumentum ad misericordiam) – generating feelings of sympathy or mercy in the listener to obtain common agreement. [81]
Admission to the Court of Appeals for the Federal Circuit is open to any attorney admitted to practice and in good standing with the U.S. Supreme Court, any of the other federal courts of appeal, any federal district court, the highest court of any state, the Court of International Trade, the Court of Federal Claims, the Court of Appeals for ...