HB 3378: mandatory retirement for appellate judges at age 75; judge may serve out term in which age 75 is reached HB 3379: term limits of 12 years for the Court of
Civil Appeals only; there is no mention of term limits for the state's top courts (Supreme Court and Court of Criminal Appeals) although news reports indicate that may be in the offing HB 3380: Creation of Board on Judicial Performance Evaluation.
Not exact matches
Half heartfelt memoir / half an urgent
appeal for the return of
civil discourse to the public arena, «Muzzled» persuasively bemoans the pressure placed on pundits nowadays to talk
only in sanitized, politically - correct phraseology.
The critics describe That Anvil of Our Souls as the best in the series so far, saying that it is not
only superbly researched but also well - written and will be of
appeal to
Civil War buffs and general readers Poyer's next novel is a Dan Lenson novel, The Threat, due to be released in November this year.
Only one of the seven experts originally found guilty was convicted today: Bernardo De Bernardinis, who in 2009 was deputy head of Italy's
Civil Protection Department and who will now serve 2 years in jail, pending any further
appeals.
It's so rare for the
appeal court to overrule itself that
civil litigation lawyer James Morton says he's
only come across a similar move two or three times over the last 20 to 25 years.
While the Court of
Appeal acknowledged the Supreme Court of Canada's pronouncement in F.H. v. McDougall, 2008 SCC 53 that there is
only one standard of proof in
civil proceedings, it confirmed that the
civil standard could be modified by statute and that the Police Services Act had, in fact, modified the applicable standard in that case.
Unlike an
appeal, a party can not challenge an award based on any issue related to the merits of the award; rather, a challenge will be successful
only if the arbitral award was delivered in violation of one of the limited grounds listed in Article 216 of of the Federal Law No. 11/1992 Concerning the
Civil Procedures Law (as amended)(«the CPC»).
Oklahoma Speaker puts forth judicial agenda: keep merit selection but change nominating commission, term limits but
only for Court of
Civil Appeals, mandatory retirement age for all appellate judges, several «placeholder» bills
In any event, we all know that, despite the obscene cost, the countless hours, the utter uncertainty of the outcome (not to mention collection difficulties and the prospect of
appeals), a trial is the
only sane method of resolving each and every
civil dispute.
Both this case, and the case discussed above from the Court of
Appeal, show the importance of not
only knowing the Rules of
Civil Procedure, but being aware of any practice directions or administrative practices of the court you are dealing with.
But in the twelve months ending September 30, 2015,
only 28,550
civil appeals were entered in the United States Courts of Appeals, excluding the Federal C
appeals were entered in the United States Courts of
Appeals, excluding the Federal C
Appeals, excluding the Federal Circuit.
In contrast, the same study reported
only 259,157
appeals — both
civil and criminal — entered in state
appeals courts in 2014.
So far,
only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the
appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the
appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or
civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56
Article 27 (1) Where the immediate
appeal referred to in paragraph (4) of Article 35 (Inspection, etc. of the Portion related to the Examination of the Facts) of the Act is filed, if the court of prior instance finds no need to forward the record of the case pertaining to personal status litigation, it is sufficient for a court clerk of the court of prior instance to forward only the record of the appeal case to a court clerk of the court in charge of the appeal, notwithstanding the provisions of Article 174 (Forwarding of Record due to Filing of Appeal to Second Instance) of the Rules of Civil Procedure as applied mutatis mutandis pursuant to Article 205 (Application Mutatis Mutandis of Provisions Concerning Appeal to Court of Second Instance or Final Appeal) of said
appeal referred to in paragraph (4) of Article 35 (Inspection, etc. of the Portion related to the Examination of the Facts) of the Act is filed, if the court of prior instance finds no need to forward the record of the case pertaining to personal status litigation, it is sufficient for a court clerk of the court of prior instance to forward
only the record of the
appeal case to a court clerk of the court in charge of the appeal, notwithstanding the provisions of Article 174 (Forwarding of Record due to Filing of Appeal to Second Instance) of the Rules of Civil Procedure as applied mutatis mutandis pursuant to Article 205 (Application Mutatis Mutandis of Provisions Concerning Appeal to Court of Second Instance or Final Appeal) of said
appeal case to a court clerk of the court in charge of the
appeal, notwithstanding the provisions of Article 174 (Forwarding of Record due to Filing of Appeal to Second Instance) of the Rules of Civil Procedure as applied mutatis mutandis pursuant to Article 205 (Application Mutatis Mutandis of Provisions Concerning Appeal to Court of Second Instance or Final Appeal) of said
appeal, notwithstanding the provisions of Article 174 (Forwarding of Record due to Filing of
Appeal to Second Instance) of the Rules of Civil Procedure as applied mutatis mutandis pursuant to Article 205 (Application Mutatis Mutandis of Provisions Concerning Appeal to Court of Second Instance or Final Appeal) of said
Appeal to Second Instance) of the Rules of
Civil Procedure as applied mutatis mutandis pursuant to Article 205 (Application Mutatis Mutandis of Provisions Concerning
Appeal to Court of Second Instance or Final Appeal) of said
Appeal to Court of Second Instance or Final
Appeal) of said
Appeal) of said Rules.
Only the Alabama Supreme Court has greater power than the Court of
Civil Appeals.
The Chief Justice held that s. 6 of the Act protects both the functioning and the legitimacy of the Supreme Court as a general court of
appeal for Canada, at para. 49: «The purpose of s. 6 is to ensure not
only civil law training and experience on the Court, but also to ensure that Quebec's distinct legal traditions and social values are represented on the Court, thereby enhancing the confidence of the people of Quebec in the Supreme Court as the final arbiter of their rights.»
Their responses in pre-action correspondence and their resistance to my firm's application for a JR reveal a serious attempt to apply the
Civil Legal Aid (Merits Criteria) Regulations 2013 (SI 2013/104) in a way which would mean that no legal aid provider could ever pursue an
appeal to the Court of Appeal where the only issue is
appeal to the Court of
Appeal where the only issue is
Appeal where the
only issue is costs.
Until the 1890s, there were no direct
appeals of criminal convictions and the
only way that you could
appeal a criminal conviction was via a
civil action seeking a writ of habeas corpus.
Last November, Quebec's Court of
Appeal invalidated a section of Quebec's
Civil Code that guarantees support payments only in cases involving people who are married or in civil unions and gave the government one year to review the legisla
Civil Code that guarantees support payments
only in cases involving people who are married or in
civil unions and gave the government one year to review the legisla
civil unions and gave the government one year to review the legislation.
An objection to the charge to the jury in a
civil case will generally be unsuccessful if raised for the first time on
appeal, and this court will relieve against the failure to object
only if the interests of justice require it.
Acknowledging that earlier opinions of the Court «have sometimes overlooked th [e] distinction» between jurisdictional limitations and claim - processing rules or elements of a cause of action, Justice Ginsburg explained that «a provision governing the time to
appeal in a
civil action qualifies as jurisdictional
only if Congress sets the time.»
Lord Neuberger, the Master of the Rolls (head of the Court of
Appeal), has
only been in post for six months but has already made significant waves, particularly in a series of judgments on the impact of terrorism law on
civil liberties.
The
Appeal Court is
only hearing criminal
appeals at present, but will start hearing
civil appeals in January 2016.