Sentences with phrase «based upon your court»

Appellate review in these circumstances is based upon the court's estimation as to whether the impugned award serves a rational purpose.

Not exact matches

«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.

Based upon this analysis, we provide our clients with recommendations concerning whether they should: (1) move to be appointed lead plaintiff; (2) file an individual non-class action in federal or state court; or (3) take no active role, that is, remain a class member in an action initiated by others.

«I still feel based upon the information you've provided to the court that you feel you are a victim,» the Judge told Castro, who had blamed his actions on a pornography addiction and an abusive childhood.

Most in the legal academy have decried this change in judicial attitude, arguing that the Court is abdicating its responsibility to reshape society and forge a national community based upon aspirational ideals.

The Constitutional Court voted 9 — 0 to reverse the regulations, saying they violated Indonesia's 1945 constitution, which simultaneously declares the country «based upon the belief in the One and Only God» and «guarantees all persons the freedom of worship each according to his / her own religion and belief.»

Based upon research conducted by the National Center for Fathering (NCF) and our experiences with local court initiatives, this curriculum provides «culturally» relevant material that addresses many issues for fathers involving fragile families in urban areas.

Instead, the Court will make custody decisions based upon what is considered to be in the best interests of the children.

To make this determination, the Court exercises certain deliberations to award custody, generally based upon those factors considered to be in the best interest and welfare of the child (ren).

«Based upon the record before it, the court finds ample support» for the board's determination that Gonsalves had violated campaign - finance disclosure requirements, Ryba wrote.

Our endorsement is based upon his experience as a defense attorney in state and federal courts and his fair and unbiased approach taken towards matters of law.

[37] The governor's directive was purportedly based upon a decision from a New York intermediate appellate court.

I did so based upon my conviction, that it was wrong to arrest a citizen of Nigeria, lock him up in custody and be boasting that he will not be released or charged to court.

Notwithstanding these petitions, this Court can not make new law based upon a political party's agenda,» Richmond County Supreme Court Judge Phil Minardo wrote in a 19 - page decision issued Friday.

«Accordingly, plaintiffs ask this court to avert this impending electoral disaster by appointing a special master to effectuate independent redistricting based upon fair criteria.»

As he did not answer a petition received from the committee earlier in the year, the court punished Griffin «based upon his default.»

In a move widely seen as dismissive of Gov. Andrew Cuomo's education initiatives, Miner and de Blasio on Monday called upon state officials to revise school aid based on the Citizens for Fiscal Equity court decision, which held that New York City schools were inadequately funded.

He said, «The court has already given an order that the seizure should be advertised and anybody, who has an interest or thinks he is the owner, should come in and file an affidavit and explain the basis upon which he is claiming the money.

He explained that the court order upon which the INEC based its decision was about zonal and state executives of the PDP and not about the 2016 election.

Citing case law, the five justices wrote in a unanimous decision that the court's jurisdiction extends to challenges to absentee ballots based upon nonresidency.

Historical and even scientific truth can be merely the consensus agreed upon by those who presently have the power and influence to determine public opinion, or it can be based on evidence that has been tested in the laboratory, in debate, or in a court of law.

The film is based upon Melissa London Hilfers spec script, adapted from Adam Cohen's book Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck.

Warner Bros. has released the first trailer for Batman Vs. Robin, the upcoming direct - to - video animated sequel to Son of Batman, which is loosely based upon «The Court of Owls» story - arc from the New 52.

The selection of courts varies, ranging from the standard three types of tennis court, to those themed upon Mario games, which adopt the aesthetic styles of the games on which they are based and feature thematic elements that influence how the match will be played on that surface (some of which manifest themselves as obstacles that hinder character movements or otherwise interfere with gameplay).

The Court further concluded that school districting, based upon town and city boundary lines, is unconstitutional.

To Bruce's / our knowledge, this is the first time a judge has set aside an individual teacher's VAM rating based upon such a presentation in court.

Clearly, this book is to prove very relevant given the ongoing court cases across the country (see a prior post on these cases here) regarding teachers and the systems being used to evaluate them when especially (or extremely) reliant upon VAM - based estimates for consequential decision - making purposes (e.g., teacher tenure, pay, and termination).

Based upon the record before the Court, which includes the Competitive Impact Statement and any comments and response to comments filed with the Court, entry of this Final Judgment is in the public interest.

The debtor is asking the court to discharge the Private Student loans with Sallie Mae based upon the information provided in this Caption.

Neither party offered evidence as to the monthly payment required to amortize the indebtedness at the current interest rate; however, based upon the evidence offered, the Court calculates that the monthly payment would be $ 915.00 per month.»

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

A ruling by the U.S. Supreme Court in 2011 (Brown v. Entertainment Merchants Association / Entertainment Software Association) found that video games are a constitutionally - protected form of expression, and that laws restricting their sale or rental based upon violent content are unconstitutional.

Claims that Ninendo of America infringed upon patents owned by a gaming company based in Texas have today been turned away by the Supreme Court, who refused to hear the company's appeal today.

This proposal is an organizational one based upon the «science court» proposal by Arthur Kantrowitz in the 1960s and 1970s.

... EPA made an Endangerment Finding in court filings based upon the science of IPCC.

The Court found the program «impermissibly [intruded] upon» FERC's domain because of its specific structure: it promised subsidies based on contracts for differences, where generators were guaranteed a specific price for auction participation and that payment (subsidy) would scale in response to wholesale market prices.

The EPA cited a 2007 Supreme Court ruling declaring that carbon dioxide is a pollutant, subject to regulation under the Clean Air Act, but the science upon which that ruling was based has now been called into question when emails and internal documents between the UNâ $ ™ s leading climate change scientists were leaked to the public.

It gives basis to outlawing anything based upon nothing, it lowers the standard of proof in court to that of hearsay evidence to now convict!

Therefore court and tribunal decisions based upon e-records, have an uncontrolled and unrestricted probability of being inaccurate and therefore unfair.

There is a price to be paid in necessary legal infrastructure of laws and courts if it is to provide adequate controls and safeguards for the technology upon which our lives are dependent and judges» decision are based; see: «Guilt By Mobile Phone Tracking Shouldn't Make «Evidence to the Contrary» Impossible» (pdf.; and see the summary, using the same title on Slaw, October 4, 2016).

The trial judge, albeit observing the lack of time records but based upon 33 years of experience as a practitioner, finally awarded $ 180,880 to plaintiff after a reconsideration motion from the defense — this included a 1.25 multiplier to the lodestar found reasonable by the lower court.

In Arizona, the decision of the court regarding modification of spousal maintenance is based upon Arizona Revised Statute Section 25 - 327 (A)(2007) which requires that modification be dependent upon changed circumstances.

The court may award either joint or sole custody in a case, based upon the best interest of the child, and may also award visitation rights to a party.

The Appeals Court noted plaintiff's claims for negligence and for informed consent were based on the same facts, and held there can not be a second cause of action of informed consent based upon the same facts as negligence for failure to diagnose and treat.

When child custody jurisdiction is based solely upon the child's residence, and not upon the defendant's residence, does the family court have jurisdiction to require the defendant to pay any costs (such as guardian fees)?

When child custody jurisdiction is based solely upon the child's residence, and not upon the defendant's residence, does the family court have jurisdiction to make the defendant pay the plaintiff's attorneys fees?

By way of example, Jay has: (1) obtained a $ 16.5 million settlement in In re Ski Train Fire in Kaprun, a disaster which caused the deaths of 155 persons and which resulted in a settlement which included compensation from the Austrian Government; (2) obtained an $ 11 million estate litigation settlement; (3) obtained a $ 7.1 million judgment for a homeowner based upon the New Jersey Consumer Fraud Act; (4) argued on behalf of Dairy Stores the landmark commercial libel case before the New Jersey Supreme Court.

Other arguments presented by the husband were found by the court of appeals to be based upon hearsay because he failed to provide the court of appeals with a transcript of the trial.

The trial and appeal courts over turned the transfers and distributed her estate equally as per her will on the basis of undue influence but the appeal over turned the portion of the judgement that allowed the brother to succeed on the basis that he relied upon the promise made by his sister, he took care of his mother for years, but the sister reneged on her promise to transfer to him her 1/3 of the house as she did not own it when she promised it.

The Virginia Supreme Court agreed with their position and noted that the code section upon which the instruction was based did not include the necessity that the jury find that the conduct was «egregious.»