Sentences with phrase «judges make decisions based on»

Judges make decisions based on case law — it's the language of courts.

There is no trial and the Judge makes a decision based on the statements given.

Not exact matches

«Sir Cliff looks forward to the point at which a judge can make a decision based on the evidence he or she will be presented with in court.»

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal prefJUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal prefeJUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal prefjudging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal prefejudges who make decisions based on personal preference.

Patrick Brennan replies: Upon reading Joseph Viviano's charges against me, I had to ask myself: Who is this Brennan that «proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on preferences?»

I am pretty sure that if God exists he will judge you based on the decisions you made and not based on decisions made by others.

The only issue I have with candidates are those like George Bush the Younger, who stuck his religious beliefs into everyone's face and made disastrous decisions (like supreme court judge nominations and a «holy» war against Iraq) based solely on religion.

In judging children for the sins of their parents, God is making wise and loving decisions about how to treat children based on the poor decisions of their parents.

API's position in this regard is not to judge mothers» decisions in choosing an elective caesarean, but rather that mothers and fathers be given accurate research - based information on the risks and benefits of elective c - sections in order to make an educated and informed choice.

Sometimes it's a necessary part of being human to survive (judging people or situations to make quick decisions about our safety) or about simple things like making opinions about something based on their hairdo.

By keeping populism away from the judiciary, we ensure that judges will not make decision on the basis of popular support, and thus they are more able to put restraints on upcoming demagogues.

It is certainly Orwellian to learn that while Governor Malloy's new education reform bill will judge my child's teacher on the students» CMT scores; the state is telling me that I shouldn't make educational decisions about my own child based on the same CMT results.

We make decisions based on evidence and judge our work by how effective it advances excellence in public charter schools.

Of primary issue will be the following (as taken from Judge Smith's Summary Judgment released yesterday): «Plaintiffs [will continue to] challenge the use of EVAAS under various aspects of the Fourteenth Amendment, including: (1) procedural due process, due to lack of sufficient information to meaningfully challenge terminations based on low EVAAS scores,» and given «due process is designed to foster government decision - making that is both fair and accurate.»

We all have learned to not judge a book by its cover; however, people make snap decisions based on your outward appearance and clothes all...

At the risk of sounding really, really corny, if I am judging this new product based on a shiny coat and waggier tail, I think my dog has made the decision for me on what brand she's going to be on from now on!

 The judges will look at everyoneÂ's attempts, no matter how large or small, and make their decision based on all the entries.

Judging the game based on appearances, I think Capcom made the correct decision to terminate development.

The legal findings set forth in Judge Hill's November 19, 2015 decision are remarkable and make it clear that the governor has a broad panoply of executive authorities that can and should be utilized to facilitate science - based action on climate.

They're also committed to responding to their customers - and they know that increasingly, brands will be judged based on the decisions companies make about climate.

We judge this to be a good policy when public health and also when substantial amounts of monies are involved, for example, when there are major policy decisions to be made based on statistical assessments.

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).

Individual deputy DAs make their own decisions based on experience and the judge's reputation, she says.

There is no categorical answer and there is no formula: any payment will be at the discretion of the judge, who will make a decision based on a statute dating back to 1973.

When weighing evidence, judges are provided only with general guidance and must make decisions on a case - by - case basis.

The Library of Congress explains that, as a civil law country, Chinese judges make rulings based on statutes without deference to other court decisions — unlike the U.S. common law system, which is based on judicial interpretations.

The claim had not been compromised as the judge had stated and so the judge had not been bound by BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 393, [2003] All ER (D) 196 (Jul)-- where parties have settled on all issues save costs before a trial or where a trial is incomplete, the court should not, save in a reasonably obvious case, embark on making an order for costs because the court will have no proper basis of agreed or determined facts upon which to base its decision.

That's really quite brilliant: not just for the Judges among your friends, but for anyone who has to make decisions based on someone else having done the science

[4] Under the new rules, which continue to apply today, summary convictions appeals from decisions of provincially appointed judges are almost invariably made on the basis of the existing record.

Judges, like anyone else, are often unaware of subtle influences on why they decide as they do; speaking broadly, legal realism suggests that their supposedly rational basis for making a decision may not be the actual basis for doing so, and in fact may be flatly at odds with that «real» reason.7

While judges are unlikely to make the decision based on a «battle of the experts» in securities cases, it is expected that plaintiffs will continue to file expert evidence and the defence will respond with its own, says Cooper.

The Hryniak decision backed Ontario's new rules on summary judgment (judgment made on a claim, without full trial, when a judge finds an issue can be decided based on certain facts or clear, incontrovertible evidence), and provided guidance on when it can be used.

The Supreme Court of Canada's decision on the matter sought to strike a balance between the fair trial rights of the accused and the religious freedom of witnesses, stating that these decisions need to be made on a case - by - case basis by the trial judge.

«We encourage judges to explain the basis for their decisions on the record at the time the decisions are made, including decisions concerning bail and sentencing,» the appendix says.

In court, most often the judge will make decisions based on what implied intent is expressed in the letter.

The result will be a web - based exercise where law students — taking on the decision - making roles of the forensic scientist / police investigator / legal representatives (defence / prosecutor) and ultimately, judge — will work through a realistic forensic - case study and present their findings in both written and oral form.

Once both parties have presented their cases the judge will make a decision based on the law and the evidence admitted in court.

A self - represented litigant must remember that a Judge will make his / her decision based solely on the facts and supporting evidence presented at trial.

To illustrate the problem with accusing judges of bias, given the term's various meanings, the article focuses on recent federal litigation over NYC police stop - and - frisk policy in which (1) the district judge found «implicit bias» in police practices based on accumulated evidence and expert analysis, (2) the Second Circuit found that the district judge engaged in disqualifying judicial bias because of her comments in a prior related lawsuit and in the media, and (3) critics accused the Second Circuit of bias in making decisions that were hard to justify on either procedural or substantive grounds.

Significantly, Congress has never made a formal policy decision that federal judges should base sentence increases on acquitted conduct.

By validating and giving effect to that campaign — based entirely on what they had read in the newspapers — Judges Cabranes, Walker, and Parker openly permitted the norms of contemporary political discourse embodied in those news stories to displace the norms of reasoned judicial decision making, and unnecessarily inserted themselves into the mayoral election campaign.

If the couple is unable to reach an agreement, a judge or arbitrator will make the decision based on several factors, including:

Other judges might not allow hearings on Petitions for Judicial Review and will make a decision based only on the briefs submitted.

Judges are human, and they will make decisions based on the law.

Armed with the report, bankruptcy appeals attorneys can make better strategic case decisions based on detailed analyses of opposing parties, districts and judges.

Commissioners file findings of fact and recommendations with the circuit judge based on the evidence presented at a hearing, and the circuit judge makes the final decision as to appointment.

The puzzle of a representative judiciary is that many want a diverse bench because more varied experience will enhance judicial decision - making, and yet many worry about a representative judiciary precisely because it may mean judges will decide based on their identity or community affiliation rather than based on the facts and law before them.

While the Court of Appeal ultimately held that the restrictions that continued past the date of the Arbitrator's decision in this specific case, and for this specific officer, were unreasonable, the Court was careful to clarify that it was not making that decision on the basis of s. 22 of the Police Service Regulation and did not endorse the chambers judge's interpretation of that provision.

It had been incumbent on the judge to take account of the relevant expert's views on the hostility of the mother, in the light of which the child's views should not have been used as a principal basis for decision making.

His Honour Judge Hacon has made an important decision in respect of whether to transfer proceedings out of the IPEC on the basis that if he did allow the transfer, then the Claimant's practical ability to retain access to justice would be hindered.