Sentences with phrase «as the trial judge recognized»

As the trial judge recognized, the test is an objective one.

Not exact matches

At his trial in Rand's novel, Hank Rearden shocked the judges — and delighted those in the courtroom — with his refusal to recognize his actions as a crime, enter a plea or defend himself.

Even those Members of Provincial Parliament who expressed concern about this change, such as future Superior Court judge Albert Roy, recognized its importance in curbing abuses of the trial de novo procedure, [10] and none appear to have doubted the capacity of the Provincial Court to adjudicate regulatory offences fully and fairly.

Originally cast in terms of inherent authority to control the processes of the court and prevention of abuse of the process, it is today recognized that a trial judge has a duty to manage the trial process balancing fairness to the parties as well as efficient and orderly discharge of court process.

Attorney Jay S. Judge has been recognized by the NAJ as a Premier Personal Injury Trial Attorney.

We have evolved from Mallios v. La Reine, [1978] Q.J. no 380, there Greenberg, J. of the Quebec Superior Court was considering whether the trial judge was in error in taking judicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a controversy.

The consultation of any standard and recognized atlas or map of Canada will immediately reveal that the Montreal harbour is located south of the sixtieth parallel of north latitude, and the trial Judge was correct in taking judicial notice of that fact, as well as of the fact that the Montreal harbour is located in Canadian waters.

The Virginia Court of Appeals recognized that the trial court judge, as fact finder, properly ascertained wife's credibility, determined the weight to be given to her testimony, and had the discretion to accept or reject any of the wife's testimony.

We recognize, as did the trial judge, that the remedy of granting custody to the father is a dramatic one.