Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An appellate court that has reviewed or possesses authority to review the case at issue.
A reference to material previously stated in the same document or opinion.
Each sense below has its own examples, sources, and questions.
An appellate court that has reviewed or possesses authority to review the case at issue.
Ava Adebayo, a public official, obtains a large verdict against a newspaper in state trial court. The newspaper appeals. The state supreme court affirms. The United States Supreme Court grants certiorari and reverses, exercising its authority as the court above to decide whether the First Amendment protects the publication.
A reference to material previously stated in the same document or opinion.
Adam Anderson leases a warehouse from Aurora Biotech. The lease agreement states that the landlord remains liable for any undisclosed dangerous condition until the tenant has a reasonable opportunity to discover it and take precautions. After closing, Adam discovers that Aurora Biotech actively concealed a crumbling support beam. His claim for damages proceeds because the liability stated above continues until he has had time to inspect and secure the area.
Anita Ali sues a pharmaceutical company alleging birth defects caused by a prescription drug. The district court excludes her experts' testimony. The court of appeals affirms. The Supreme Court grants review as the court above to determine the proper standard for admitting scientific evidence under the Federal Rules of Evidence.
When used to describe a court, 'above' identifies an appellate tribunal that has reviewed or may review the case. When used in text, 'above' simply points back to material already stated earlier in the same document.
Aisha Ahmed offers a state agency certificate into evidence during a contract dispute. The document bears a seal purporting to be that of the United States and a signature of an authorized officer. The court admits the certificate without extrinsic proof because it satisfies the requirements for self-authentication listed above.
Adrian Aguilar purchases land subject to a conservation servitude requiring annual payments for habitat maintenance. The creating instrument does not specify a termination date. The payment obligation does not terminate after a reasonable time because the rules stated in (1) and (2) above do not apply to obligations imposed pursuant to a conservation servitude.
Amelia Amari's will devises a parcel to her niece subject to a right of first refusal in her brother if the niece offers the land for sale. The terms set a reasonable price and exercise period. The preemptive provision is not treated as a restraint on alienation because it meets the conditions stated above.
…or, in any event, that it has no compelling interest until the point of viability is reached, are unpersuasive. As noted above, a State may properly assert important interests in safeguarding health, in maintaining medical standards, and in protecting potential life. At some point in pregnancy, these respective…