" `It is only in exceptional cases coming here from the federal courts that questions not pressed or passed upon below are reviewed,'"

The rule that this Court will not consider issues not raised by the parties is not inflexible, and yields in "exceptional cases

Because the circuit court had not addressed the issue, it was proper for the Supreme Court to remand rather than consider an issue not considered by the circuit court.

Thus the only question for which we granted certiorari is one not properly raised, litigated or passed upon below.

—a suit to abate a liquor nuisance under section 22, the court said: "So far as appellant's motion for a jury trial was directed to the issues raised by the bill and answer, it was properly denied, as Sec. 22 of the National Prohibition Act authorizes the abatement of a liquor nuisance by a bill in equity filed by the United States. Cf. Murphy

It is a long-settled rule that appellate courts will not consider an issue neither pressed nor passed upon below.

Given the uncertainty of Pennsylvania law and the lack of any guidance on this issue from the lower federal courts, we decline to consider it now.

"The right to a jury trial may be waived where there is an appearance and participation in the trial without demanding a jury. Kearney

It is only in exceptional cases that questions of law not presented to or passed upon by the trial court will be reviewed in this court.

[CITATION] Citizens United v. Federal Election Comm'n

[CITATION] Horne v. Flores

[CITATION] Boumediene v. Bush