Occurs when a case is retried on appeal, rather than simply being reviewed on the record

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Answer 1
Criminal Appeals After a court has convicted and sentenced a criminal defendant, the defendant may file an appeal to a higher court, asking it to review the lower court’s decision for legal errors that may have affected the outcome of the case. If the appellate court grants the appeal, it may reverse the lower court’s decision in whole or in part. If the appellate court denies the appeal, the lower court’s decision stands. The Right to Appeal If a conviction results from a defendant’s guilty plea, the defendant does not have an automatic right to appeal their conviction. In most jurisdictions, an appeal will be heard only if the defendant is granted permission to proceed by the appellate court. Criminal defendants who were convicted by a judge or jury at trial, however, have an absolute right to appeal their convictions. Additionally, all states which enforce the death penalty allow an automatic appeal of cases involving a death sentence. If a court acquits the defendant, the prosecutor may not appeal the verdict. Appealing a verdict of “not guilty” would violate the Double Jeopardy Clause of the Fifth Amendment. Prosecutors may, however, appeal all pre-trial rulings and decisions regarding the admissibility of evidence at trial. Grounds for Appeal Potential grounds for appeal in a criminal case include legal error, juror misconduct and ineffective assistance of counsel. Legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a guilty verdict. To grant the appeal, the appellate court must find that these errors affected the outcome of the case. If the errors would not have changed the verdict, they are considered harmless, and the conviction will stand. A conviction may also be appealed if the defendant reasonably believes that the jury conducted itself improperly during deliberations or the trial itself. Jury misconduct includes the use of experiments, drug or alcohol abuse during deliberations or trial, and improper communications between jurors and witnesses or counsel. Finally, criminal defendants often appeal their cases when they feel that they were not provided with adequate representation. To succeed in an ineffective assistance of counsel claim, a defendants must typically prove that but for their counsel’s actions, the outcome of the case would have been different. Process of Appellate Review If a state court convicts a defendant, the ruling is appealed to an intermediate-level state appellate court. If the defendant is unsuccessful in the intermediate court, the defendant may appeal their conviction to the state’s highest court. Each state has its own court naming system. In California, the state’s highest court is the California Supreme Court. In New York, the highest court is the New York State Court of Appeals, and the New York State Supreme Court is a trial court. Review of appeals in state’s highest court is discretionary and is limited to only a small percentage of cases. If the defendant can frame the appeal in terms of a federal issue, the defendant may then pursue relief in the federal court system. Defendants convicted initially in a federal trial court may appeal their case directly to the federal appellate court. If unsuccessful, they may then seek review in the U.S. Supreme Court. An appeal is not a retrial of the case. Rather, the appellate court reviews the record of the lower court’s proceedings to determine whether there are adequate grounds to grant the appeal. The record includes all pre-trial and post-trial motions, all evidence admitted to the court and a word-for-word transcript of the trial. In addition to analyzing the record, appellate courts also review written briefs submitted by each party. Appellate briefs frame the legal issues raised on appeal and set forth persuasive legal arguments to support their position. The court may also hear oral argument from counsel in order to clarify any points raised in the written briefs. Criminal Appeals Resources Overview Web Resources Laws Law Blogs Lawyers & Attorneys Related Practice Areas Common Criminal Defenses Criminal Offenses Criminal Procedure Stages of a Criminal Case Stages of a Criminal Trial

Related Questions

How does walter change after mama gives him control over the rest of the insurance money?

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Final answer:

After gaining control of the insurance money, Walter undergoes a significant transformation in A Raisin in the Sun, shifting from a selfish mindset to a more selfless and family-oriented perspective.

Explanation:

After Walter is given control over the rest of the insurance money in the play A Raisin in the Sun, he undergoes a significant transformation. Initially, Walter is consumed with the idea of using the money to invest in a liquor store, which he believes will bring him financial success and secure a better future for his family. However, when Mama entrusts him with the money, he faces a challenging decision that tests his character and priorities.

Walter's change can be seen in his shift from a selfish and materialistic mindset to a more selfless and family-oriented perspective. He begins to realize that money isn't the only path to happiness and that his actions have consequences for those around him. The responsibility of managing the money forces Walter to confront his personal flaws and make difficult choices, ultimately leading to personal growth and maturity.

Jessica verbally agrees to sell her house to kandis, and kandis makes a $10,000 down payment, moves in, and begins the installation of a pool in the backyard. if jessica changes her mind seven months later and wants her house back, a court would likely find that:

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That there was no contractual obligation binding on Kandis to keep house and that it was just a 'gentlemen' agreement between the two. The court will observe that in the absence of a written agreement Kandis still has ownership rights. The situation is exasperated if there were no witnesses to the payment of the down payment.

Soybeans are an important ingredient for what kind of school supply?

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the answer is: Crayons

Almost all of the crayons are made out by a petroleum by-product, which is paraffin wax. These type of crayons take many years to degrade and are bad for the environment.
But there is a better and affordable option: Prang crayon.Made from soybeans, these crayon are more vivid and smoother than regular crayons and are biodegradable.


Soy is used in many inks that would go into pens. Though some still use petroleum-based products, many companies are using soy based inks because they are non-toxic and more environmentally friendly. Crayons are also moving from using a paraffin wax (a petroleum product) to soy-based wax as well.

You will do best if your keep your sales call under

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You will do best if you keep your sales call under 10 minutes.

Prospects are often busy, and a short, focused call shows respect for their time, making them more receptive to your message. A concise call forces you to focus on the most important points and deliver them clearly. This helps avoid overwhelming the prospect with too much information.

This allows you to effectively communicate your key points and value proposition while respecting the prospect's time. Keeping the call concise helps maintain the prospect's interest and increases the likelihood of securing a follow-up meeting or action.

The sierra club, which has more than 2 million members who each pay annual dues of about $30, is an example of

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The Sierra Club is a nationwide environmental organization with over 3 million people that belong to it currently. It is highly influential for environmental policies. The purposes of the Sierra Club are to explore, enjoy, and protect the wild places of the earth; to practice and promote the responsible use of the earth's ecosystems and resources. To help educate and enlist humanity to protect and restore the quality of the natural and human environment; and to use all lawful means to protect the environment is basically the purpose of this organization.

During a recession, median income falls by 15%. if the demand for grapes falls by 12%, grapes are a(n) _____ good with an income elasticity of demand of

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Grapes are a(n) "normal good" with an income elasticity of demand of "0.8". A normal good is a good for which an increase in income results in increased demand, while decreased income results in decreased demand. Thus, we know that the first blank is "normal good" by the definition of a normal good becuase median income fell and demand for grapes fell. The X elasticity of demand is given by (%change in Demand)/(%change in X), where x is any economic variable (income in this case). Thus, to find the elasticity, we divide 12% by 15%. 12%/15%=.08.

The person responsible for having the shipping papers on a ship carrying hazardous cargo is the

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This would be the captain. If you need any further explaining, defining, or methods of answering, let me know and I'll do my best to help further. :)

Most of the current and future world population growth is occurring in which part of the world?

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Population is a rising problem in the world today. It is continuously increasing in the developing countries. In future also the population is supposed to rise. Most of the current and future world population growth is occurring in DEVELOPING COUNTRIES ASIA, AFRICA AND SOUTH AMERICA. Control measures have been adopted by government of various countries to control this problem.


Marketing costs are high in the introductory stage of the product life cycle because:
a. product design changes become stylistic rather than functional.
b. high dealer margins are often needed to obtain adequate distribution.
c. manufacturers scramble to sign up dealers and distributors.
d. emphasis is given to communication of the differences between brands in the market.

Answers

Marketing costs are high in the introductory stage of the product life cycle because
(b) HIGH DEALER MARGINS ARE OFTEN NEEDED TO MAINTAIN ADEQUATE DISTRIBUTION.

Product life cycle consists of 4 stages:
1. Introductory stage
2. Growth stage
3. Maturity stage
4. Decline stage

Introductory stage is a stage when the product is actually introduced in the market. It is a costlier stage than other stages. and the additional costs such as branding, promotional costs are included in this stage. 

If people spend 2/3 of any extra income they receive, new autonomous spending of $10 causes equilibrium to increase by

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answer=$30.00 Increase in total spending = $10 + (.75)($10) + (.75)(.75)($10) + (.75)(.75)($10) + ... = $10 * (1 + .75 + .752 + .753 + ...) ---------------------------- | (GEOMETRIC SERIES-- converges to a finite number, according to a simple formula) = $10 * [1/(1-.75)] ----------- | 4 = $30

All of the following might be determined by the Franchiser in franchise agreement except.
the prices for products
the names on the employees name tags
the layout of the restaurant
the suppliers for the restaurant.

Why is a firing a family member who is an employee different from firing an unrelated employee?
It can cause tension in or harm family relationships.
Families are more likely to work out problems together.
It is not possible to fire an employee in a family business.
Family owned businesses have different regulations than other businesses.

Buying insurance helps business in which of the following ways?
It lowers the cost of running a business.
An attorney should be consulted when purchasing it.
It can cover many of the costs if a disaster occurs.
All of the above

Expansions will always come with with additional expenses
True
False

It is often easier for a brand-new business to get a loan than an existing business.
True
False.

An example of a uncontrollable risk is?
A change in government regulations.
Choosing the location for the business.
Raising prices in the business.
Entering into a franchise agreement.

Which of the following is a challenge that could come with buying an existing business.
The customers may resist change.
The business may have a bad reputation.
Experienced staff might leave.
all of the above

How involved the corporation is in running a franchise is determined by.
The franchise agreement.
The franchise owner.
the Customers.
Other franchises.

Which of the following is a potential consequence if a business has more clients than it can handle?
It may be purchased by another business.
It may lose clients.
It may be forced to lose.
It may get many customer referrals.

All of the following are uninsurable risks except.
lack of customers.
a flood
poor management
unproductive employees

Once a business owner proves that a franchise is successful, his or her franchise will be automatically be renewed.
True
False

Answers

1. The prices for product

The price of products in a franchise would always be determined by the owner of the franchisee.

In the end Franchise is a method for the franchisee to earn more profit with less management. The franchisee need to determine the price of the products to maintain the profit level.

on top of that, the franchise could have a bad reputation among customers if the price levels are different from one store to another.

2. It can cause tension in or harm family relationships.

Firing would most likely be taken personally by the employees. If that employees is someone form our family, the tension could be extended to our personal life since we are most likely to see that family member again on several different occasions.

3. It can cover many of the costs if a disaster occurs.

The cost from disaster could be extremely huge because it could potentially destroy large number of our assets on a single occasion.

Buying insurance for such disaster could be economically beneficial because the insurance expense only a small compared to the financial loss that might occurs because of the disasters.

4. True

When a company want to expand, this mean that the company would have to handle more consumers. When this happen, the company  needs additional expense to hire more workers to handle increasing consumers.

On top of that , the company would also need more equipment and space to be able to increase the amount of goods it can produce.

5. False

Brand-new business often seen as very risky by loan providers since they do not have enough data to assess the owner's ability and how the market would respond.

An existing business on the other hand, tend to have several tracks records that can be used to analyze the risk. Because of this, existing business tend to be seen as more favorable for credit providers,

6. A change in government regulations

Uncontrollable risks refers to the type of risk that cannot be predicted and influenced by the decisions of the company. A change in government regulations is a result of Congress that elected by the majority of the people. The only thing that the company could do is adapt to the changes.

7. All of the above

When we buy an existing businesses, many of the customers would fear that the quality of the product/services would change in our management. This might cause them to move to the competitors. On top of that, experienced staff might have some sort of emotional connection with the previous owners. So , there is a chance that they might leave us to join other projects started by the previous owners.

8. The franchise agreement.

The franchise agreement would clearly specify the things that the corporation can and cannot do during the franchise relation. Some corporation might require the franchiser to follow all the orders made by the franchisee while other corporations might give total freedom for the franchiser to manage their stores.

9. It may lose clients.

When business have more clients than they can handle, a lot of those clients would be neglected since the businesses do not have enough resources to serve those customers.

This would make those clients felt dissatisfied or offended and choose to give their money to the competitors.

10. a flood

In business, a risk would be considered as 'uninsurable' if the insurance provider has a high chance of losing their money

Damage from natural disaster is very unlikely to occur to their clients, which is why many insurance companies would still provide coverage for flooding.

11. False

Even if the franchise is successful there might be other factors that can make the franchisee unable to continue the contract.

For example, the country of the franchiser could change its tax law into something that is seen as unfavorable by the franchisee and force them to move out from the country.

In 2017, a marketing manager for new balance's minimus golf shoe needs to forecast sales through 2019. she begins with the known totals for 2016 and adjusts for positive factors like acceptance of new high-tech designs and great publicity, and for negative factors like the stagnant economy and predicted moves by the competition. this type of forecast is referred to as

Answers

This type of marketing forecast is known in the industry as "Lost horse forecasting", and is used to evaluate what the predicted revenues will be, and whether or not act on this

Angie asks her grandmother over the phone, "do you like the color of my new shirt that i'm wearing now?" this is an example of

Answers

This is an example of egocentrism. Angie does not understand or care about her grandmother's perspective- that of course, her grandmother has no way of knowing what the color of her new shirt is. To Angie, the only perspective that matters is her own. She is the center of her world.

What are the pros and cons of being a single decision-maker?

Answers

The pros are that you don't have to argue with the decision. The con is that sometimes it's hard and you need some help You're welcome

The pros and cons of being a single decision maker are as follows:

Pros:

Prompt and quick decisionsRational decision makingEase of changes

Cons:

No discussionsNo assistanceOne sided opinion

What is meant by decision making?

Decision making is the technique where an individual or a group of people takes a decision on a matter or in particular situation. it can be good or bad depending on the perspective of a person.

The pros and cons of decision making are explained as follows:

Pros :

If an individual takes a decision, then it has the sole authority to decide what is right or what is wrong which leads to quick decisions.The decision taken by a person is generally to be logical and not biased.He/she can made changes to the decision at anytime without asking  opinion from anyone.

Cons:

Being a single decision maker, he/she doesn't have anybody with whom he/she can discuss especially when they are stuck in some conflicting situation.There is no other individuals from whom they can take help over the situation which also make them feel lonely at times.In single decision making, the decisions are always been thinking from one self thoughts and no advices or viewpoints of other persons which created conflicts.

Therefore, the pros and cons are being explained as above in respect of single decision maker.

Learn more about the decision making in the related link:

https://brainly.com/question/13244895

#SPJ6

Emily/red sued document security company, alleging he had suffered injuries to his hands as a result of attempting to fix a jam in one of document security's paper shredders. fred alleged the shredder was defective because it failed to contain warnings regarding the dangers to fingers and hands while attempting to fix jams. in order to succeed, fred will have to show that:c while driving a car manufactured by toyosan, suffered a side impact collision from another driver. despite the fact that toyosan's air bag deployed, emily hit her head against the steering wheel, causing damage to her face and teeth. if emily sued toyosan for strict product liability, the court would likely conclude that:

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Emily has no case as Toyosan's safety equipment (the airbag) deployed correctly. The safety equipment is there to save lives and reduce serious injury, not eliminate damage completely. Emily would need to sue the driver that caused the accident.

The management is thinking of joining hands with its one time rival, cg-vak software, in order to gain access to new markets and technologies. by doing this, the organization is nurturing a ________.

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...by doing this, the organization is nurturing a merger. A merger is, in simple terms, the process of two companies(or other business entities)being unified, generally with the purpose of mutual growth and prosperity for those involved.

Around 1300 bce, what actions did the shang take to prevent their rivals from challenging their legitimacy

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Around 1300 BCE, King Pan Geng of the Shang Dynasty moved the capitol to Yin, which is modern day Anyang. This was in an attempt to assist his people to avoid his many enemies.

If i don't talk for awhile can i learn how to talk in a girl voice

Answers

what kind of absurd logic is that? 

oh, let me not talk for a few days maybe I might end up sounding like a girl. yeah, good luck with that mate.

Answer: bro- pretty sure it would take practice not just not taking-

Explanation: also why do you want to sound like a girl if you don’t mind me asking? -v-

HURRY,HURRY,HURRY!! please help will make brainiest answer
Which sections are part of a career plan? Select all that apply.

.career definition
.career requirements
.current status
.short-term goals
.intermediate goals
.economic obstacles

Answers

career definition
career requirements
economic obstacles

A _____ is the smallest possible group. select one:
a. triad
b. group of five
c. single person
d. dyad

Answers

The answer that will fit in the question above is letter d, dyad. Dyad is the smallest possible group out of all the given choices such as the triad, group of five and a single person because it is composed of only two members. 

Mark and Sam are both in fourth grade. Mark's parents earn a high income and Sam's parents earn a low income. In which domain do Mark and Sam likely have similar test scores?

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Mark and Sam both have been born into families with adverse condition. Where the higher income family of mark may provide better school.As to Sam his school may lack essentials such as qualified teachers or space with overcrowded classrooms. But at home both kids have the potential of having engage parents whom can help with studies and in term Sam could be doing just as well although his school maybe under founded.
This is with the assumption that Mark and Sam are both classmates in the same grade. Although they come from two sides of the coin, they both have parents that can afford to put them in school, with the same education, with the same materials. With the assumption that they are classmates, they are likely to have similar test scores in their academic subjects because income is not a big factor of academic ability. 

Individuals and organizations that determine what products and services will be available for sale

Answers

These are the producers in an economy. They are the groups who are responsible for producing the objects and services will be bought and used by the consumers. Producers set the goods available and the prices at which they will be sold.

Last year, wesson company sold 10,000 units of its only product. if sales increase by 12% in the current year, how will unit variable cost and unit fixed cost be affected? unit variable cost unit fixed cost
a.remains constant remains constant
b.increases decreases
c.decreases remains constant
d.remains constant decreases
e.remains constant increases

Answers

Variable cost increases with increasing number of units, and also decreases with decreasing number of units. Therefore the unit variable cost is constant.

 

Meanwhile, fixed  cost is not affected with the number of units produced. So the unit fixed cost is high when number of units is low, and low when number of units is high.

 

Answer:

d.remains constant decreases

The number of accidents that occur annually on a busy stretch of highway is an example of:

Answers

I believe the answer to this question is "A discrete random variable".

The abc company wishes to retire a $7,000,000 bond 10 years from now. what single deposit should they make in the bank today in order to retire the bond if they can earn 8% annually on its investment?

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The future amount of a current investment which has compounding interest can be calculated through the equation,
 
                F = P x (1 + i)^n

where F is the future amount,  P is the present worth, i is the interest rate, and n is the number of years. Substituting the known values,

              $7,000,000 = P x (1 + 0.08)^10

The value of P from the equation is $3,242,354.42

ANSWER: $3,242,354.42. 

When a healthcare organization allows an unsafe condition to exist on its property and does nothing to address it and a visitor gets injured, the organization will be held liable because?

Answers

When a healthcare organization allows an unsafe condition to exist on its property and does nothing to address it and a visitor gets injured, the organization will be held liable because the injury was foreseeable and the organization had a duty to care. The organization has to take reasonable steps to ensure the health, safety and welfare of their employees and visitors. 

_____ is a new nontariff barrier that was designed to prevent foreign producers from using predatory pricing.

Answers

Anti-dumping law is a new nontariff barrier that was designed to prevent foreign producers from using predatory pricing.  

In the case of job _____, the bosses in many companies tend to groom workers who have winning characteristics similar to their own.

Answers

In the case of job growth and security, the bosses in many companies tend to grrom workers who have winning characteristics similar to their own. This is a prime example where attitude reflection can lead to success in the workplace.
In the case of job enrichment, the bosses in many companies tend to groom workers who have winning characteristics similar to their own because this would benefit to the growth of the company. Employees who are efficient and productive are being motivated by their bosses so they would always keep up their good work and also maintain proper work ethics.

 

The primary collector and reporter of television ratings is a company known as

Answers

The primary collector and reporter of television ratings is Nielsen Holdings.

Nielsen Holdings PLC is the leading global provider of market research and audience measurement services for the media and advertising industries. Established in 1923, Nielsen is renowned for its Nielsen ratings, which provide insights into viewership trends and demographics for television programming.

Nielsen's dominance in television ratings is attributed to its comprehensive methodology, which involves gathering data from a representative sample of households equipped with Nielsen meters. These meters track viewing habits and provide valuable information to networks, advertisers, and producers.

Nielsen's ratings are crucial for networks and advertisers to make informed decisions about programming and advertising placements. The accuracy and reliability of Nielsen's data make it an indispensable tool for the television industry.

In conclusion, the primary collector and reporter of television ratings is Nielsen Holdings, renowned for its comprehensive methodology and industry-leading insights.

Complete question

The primary collector and reporter of television ratings is a company known as

Which is determined by the census that is taken every 10 years?

Answers

How many people are in the country, living here illegally, how many have a job.
Other Questions
In double-entry accounting, where should you record money that is leaving your company to pay bills? A. In the debits column B. In the credits column C. In the asset column D. In the cash flow column Provide at least three reasons why friction is needed. The soviet leader who sought to separate stalinism from "true" communism was _______. The earliest American political factions or groups were known as Graph a slope 3x-9y=9,3y=x+12,2x-6y=12 Fill in the blank with the correct reflexive pronoun if necessary. If no pronoun is needed choose the X.Cuando ___ lav el coche, no uso detergente.SeTeMeX what location on earth experiences the least change in the number of daylight hours throughout the year? The poem "The Raven by Edgar Allan Poe, the raven repeats the word nevermore in response to the speaker's question. What effect does this response have on the speaker? How did the first battle of bull run change the way people viewed the war? What effect did Hernando de Soto's expedition in Georgia have on American Indians there? A)it caused a mass migration of American Indians from Georgia B)it began a long-term trading relationship with American Indians Eliminate C)it inspired American Indians to join the Spanish mission system D)it brought illnesses that caused American Indian population loss Write an inequality that expresses the reason the lengths 5 feet, 10 feet, and 20 feet could not be used to make a triangle. Explain how the inequality demonstrates that fact. Sexual reproduction is important for the survival of the species. It is important for ALL BUT ONE of these reasons. That is What is the value of x enter your answer in the box. How do the 3's compare in 350 and 403? The transitive property of equality states that:if a = b, then b = aif a = b, then ac = bcif a = b and b = c, then a = cif a = b and c = c, then a + b = b + c If a cone shaped water cup holds 23 in. and has a radius of 1 inch what is the height of the cup use 3.14 for pie round into the nearest hundredth Which type of vertebrae are characterized by the presence of transverse foramina? 1. Ves al muchacho en la moto? No, no veo a ___________. (1 point) ni nada nadie 2. Quin pudo ir a la fiesta? ________ pudo ir. (1 point) ni nada nadie 3. El profesor no puso ___________ en la mochila. (1 point) nada nadie nunca 4. Qu hay encima de la mesa? No hay ____ encima de la mesa. (1 point) ni nada nadie 5. Quieres ir a la piscina? No. No quiero ir _____ a la piscina _______ a la playa. (1 point) ni nada nadie 6. No hay ________ papel en el escritorio. (1 point) ni ningn nadie 7. Ella no tiene ______________ sobre. (1 point) nadie nada ningn 8. No voy ___________ al estadio. (1 point) nada nadie nunca 9. _________ como el pescado. (1 point) Nada Nunca Nadie 10. Mi mam _________ come pescado. (1 point) nada ni jams Description SubmitToggle Dropdown what is the definition of tributary What word refers to the categorizing of fiction? conflictnonfictiongenrefiction Steam Workshop Downloader