Sentences with phrase «judicial court gave»

The Massachusetts Supreme Judicial Court gave a boost to on - line legal education (and declined to bow down to the ABA) recently when it allowed a graduate of Concord Law School, an entirely on - line law school owned by Kaplan, Inc., to sit for the Massachusetts Bar Exam, despite a state rule that prohibits graduates from unaccredited -LSB-...]

Not exact matches

Scalia insists repeatedly that malleable judicial standards» reflected not only in the Court's appeals to evolving social norms, foreign courts, and living documents, but also, in some cases, in its reliance on authorial intent» give the Court carte blanche to impose its arbitrary will.

But in keeping with Eugene V. Rostow's characterization of the contemporary Supreme Court as a «vital national seminar,» it is worth noting that the original charge to the Court was only that it render an aye or a nay.44 It quickly began handing down written opinions also, however, and under Marshall began the practice of trying for a single majority opinion, which gave «judicial pronouncements a forceful unity they had formerly lacked.

But they unwittingly laid the groundwork for it by giving the Supreme Court a constitutional amendment couched in terms so broad and undefined that it eventually became a vehicle for freewheeling judicial activism and thereby turned judicial review into a legislative power.

At the request of a person directly affected by the exercise of a power, a court may conduct a so - called judicial review to determine whether the exercise of a public power on a given occasion is, or is not, within the limits of the power.

A Federal High Court in Abuja on September 21, gave a judicial backing to the executive order of President Muhammadu Buhari, outlawing the Indigenous People of Biafra and its activities in every part of Nigeria.

Long's proposition is that her work as a judicial activist organizing the opposition to non-conservative Supreme Court nominees will give her a particular advantage in attracting independent expenditures.

It's also meant to ensure it doesn't «give the appearance of compromising judicial impartiality and independence (including independence from the political process)» while keeping a judge from taking a position on issues that might ultimately wind up before the courts, he argues in the memo.

The writ also prayed the Honourable Justices of the highest court of the land to give judicial definition of the process for appointing a replacement for the then incumbent EC Chair, Dr. Kwadwo Afari - who was set to retire.

During the judicial primary elections September 12, Brooklyn Democratic voters seemed to base their selections for Civil Court judge primarily on gender; immune, apparently, to an ongoing squabble over the process for selecting the nominees, who are virtually guaranteed election in November given the borough's Democratic tilt.

Given the fundamental constitutional conflict involved, this judicial decision will probably be in and out of the courts and legislature for some time.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

«Adding law review citations to judicial opinions helps us rank search results more intelligently, for example, giving a relevance boost to cases that aren't cited by courts, but are cited by law review articles.

The Trial Warrior — A Judicial Do - Over — Antonin Pribetic gives a thoughtful analysis of the different roles of trial and appellate courts within the legal system, taking a particular look at s. 96 of the Ontario Courts of Justiccourts within the legal system, taking a particular look at s. 96 of the Ontario Courts of JusticCourts of Justice Act.

They have been invited to work in international law firms, NGOs and government agencies besides being given an opportunity to work as judicial clerks with the Supreme Court of Hawaii.

Massachusetts Supreme Judicial Court Chief Justice Ralph D. Gants will give the keynote address.

Justice Ollero sees this as an unreasoned and significant change in the Court's doctrine, and asserts that he does not «believe the best way to initiate a seemingly laborious «judicial dialogue» between the Spanish Constitutional Court and the Court of Justice of the European Union, is to unnecessarily give it a sense of a monologue where assent is compulsory.»

In ordering the disbarment, the Supreme Judicial Court rejected Finneran's contention that he should be given lighter discipline because his false testimony was unrelated to his practice of law.

In an important judgment given the ageing prison population, Louis Browne from Exchange Chambers has secured an important judicial review success for the Ministry of Justice at the Royal Courts of Justice.

When the Commission issues a decision against a given party, such party has at its disposal the complete system of judicial review provided by EU law, which includes the action for annulment at the General Court and the appeal to the CJEU.

The Supreme Court's decision in R. v. Jordan, 2016 SCC 27, gave priority to criminal cases being tried within a reasonable timeline, resulting in criminal cases receiving the majority of judicial resources and civil cases being further delayed.

The Commission concluded that the directive provides no grounds «to take legal action against Spain with regard to the legislative changes which affected the level of support given to investors in renewable energy projects», and the affected investors were advised to seek judicial review before Spanish courts.

Prior efforts gave similar powers to the Attorney General, but left the selection of the judge to the Supreme Court «upon the recommendation of the Chief Administrative Judge for that judicial circuit.»

In its judgment the court said the existence of the right of appeal given by the Child Support Act 1991 (CSA 1991), s 20 and the right to receive interest on arrears in prescribed circumstances given by s 41, when taken in conjunction with the right to seek judicial review of failures to collect or enforce arrears of maintenance, means CSA 1991 provides the parent with care with substantial protection against incompetence on the part of the CSA.

Exercising the profession as a Supreme Court lawyer gives me the opportunity to confront with the highest judicial body, entrusted with the role of guaranteeing uniformity at national level in the interpretation and application of the rules that form the Italian legal system.

Given the lack of available motion and trial dates in Toronto courts, counsel are well aware that the options they can currently provide their clients are extremely limited, despite a concerted effort by our judicial system to promote expediency and efficiency.

Four retired senior judges have warned Peers that judicial independence is at risk from plans to give judges discretion over how much weight to attach to European Court of Justice decisions after Brexit.

A notable feature of the solution found by the Court seems to be once again the importance given to judicial review and the reliance on judges.

BC Injury Law And ICBC Claims Blog Subjective Soft Tissue Injuries And Judicial Scrutiny Last year I criticized the often recited judicial passage stating that «``... the Court should be exceedingly careful when there is little or no objective evidence of continuing injury and when complaints of pain persist for long periods extending beyond the normal or usual recovery...» and pointing out that these comments should no longer be used given Supreme Court of Canada's reasons in FH v. McJudicial Scrutiny Last year I criticized the often recited judicial passage stating that «``... the Court should be exceedingly careful when there is little or no objective evidence of continuing injury and when complaints of pain persist for long periods extending beyond the normal or usual recovery...» and pointing out that these comments should no longer be used given Supreme Court of Canada's reasons in FH v. Mcjudicial passage stating that «``... the Court should be exceedingly careful when there is little or no objective evidence of continuing injury and when complaints of pain persist for long periods extending beyond the normal or usual recovery...» and pointing out that these comments should no longer be used given Supreme Court of Canada's reasons in FH v. McDougall.

This point is convincing, given the fact that, as the authors point out, the jurisprudence lacks finality in a very real sense: in access to documents cases, EU courts can not serve the institutions injunctions to disclose documents that are subject of the judicial dispute (pp. 7 - 8).

This procedure must therefore be open for all questions capable of submission for judicial consideration, either by the court of justice or possible by national courts, in so far as such questions give rise to doubt either as to the substantive or formal validity of the agreement with regard to the treaty.

The court accepted that the notion of substantive proceedings may have to be given a liberal interpretation to ensure international judicial co-operation, but, on any view, however liberal, the New York proceedings were directed solely at assets in New York, and proceedings in England directed at assets in England can not be ancillary to such New York proceedings; they are parallel.

It gives a brief overview of Canada's court system before examining the legislative, constitutional and judicial framework of bilingualism in the federal

This was most clearly illustrated by his handling of the notorious Fells Acre daycare child abuse case, as MLW publisher David Yas writes at his blog, The AffiDavid, «where he defiantly stood up to the Supreme Judicial Court in granting new - trial motions where he felt that the accused in the abuse cases had not been given a fair shake.»

«This trend is playing out around the country as our courts — both state and federal — continue to suffer judicial flight due to the inadequate salaries given to even our most seasoned judges.»

At the time, the Judicial Ethics Committee of the Supreme Judicial Court, the state's highest court, had just given the proposal itCourt, the state's highest court, had just given the proposal itcourt, had just given the proposal its OK.

While such cases are likely to raise human rights issues, and thus import into the judicial consideration questions of proportionality and a relatively intensive scrutiny of the decision, it remains the case that, given the wide discretion afforded to the minister under IA 2005 and the nature of the competing interests, the courts are likely to be wary to intervene other than in the clearest of breaches.

In a judicial review, the Federal Court of Canada disagreed, setting out the following regime for dismissals under the Code: An employer can dismiss an employee without cause so long as it gives notice or severance pay.

Process servers can be hired to give legal notice of court proceedings by serving documents to other parties in judicial review.

I mentioned last month the raft of legislation filed in the Wisconsin Assembly dealing with judicial recusal, including proposals to require recusal for certain campaign contributions as well as giving the supreme court the ability to force a justice off a case.

The purpose of serving the court documents is to give the other parties formal notice of your court proceeding, and to give them a chance to respond to your judicial review.

However, in Ferreira da Silva the Court also notes that «the question as to how the concept of a «transfer of a business» should be interpreted has given rise to a great deal of uncertainty on the part of many national courts and tribunals» which «shows not only that there are difficulties of interpretation, but also that there is a risk of divergences in judicial decisions within the European Union» (paragraph 43).

He added: «Turkey's own Constitution states that judges «shall be independent in the discharge of their duties... No organ, authority, office or individual may give orders or instructions to courts or judges related to the exercise of judicial power».

Courts have a harder time making these distinctions because judicial conventions mandate that they give reasons to support their opinions, and what principled reason could there be for giving 50 of the 1,000 rights of marriage but not another 25 or 100 or all of them?

Further, given the sale was in a rising market, and that the price was fixed at # 400,000, the court did not think the vendor would have agreed to include a «call - in» clause, as this would have prejudiced his interests by delaying the completion of the sale by at least three months and seven days while the period for seeking judicial review ran its course.

Here I'm struck by the contrast between the accounts of the prevalence of «whacking» and the judicial response to it (e.g. that it is common and the courts / crowns rarely intervene) and accounts that I hear from practicing crowns (e.g. that it is uncommon and, when it occurs, the court's response vigorously and, further, that the court, crown and police are uncommonly solicitous to complainants in sexual assault cases — a claim that the Ghomeshi cases seems to confirm given the seemingly well - founded criticism of the police in that case for failing to adequately probe the complainant's allegations, meaning that inconsistencies in their statements were discovered on cross-examination by the defense, fatally undermining their credibility).

Neither the judge nor the judicial assistant can give an unrepresented litigant legal advice, practice tips or help in writing court papers.

As to whether a court will allow expert evidence to be given to a jury in relation to any sample recovered and compared to the defendant, this is a matter for judicial discretion.

In light of this jurisprudence, and somewhat unsurprisingly given its familiarity with judicial review founded on Article 6, the Court of Appeal concluded that the right of access to justice contained in Article 47 of the Charter was sufficiently precise to have horizontal direct effect [80].

Chair of OK Senate Judiciary Committee wants to take over Code of Judicial Conduct, eliminate references to independent judiciary, give legislature veto over Supreme Court's changes to code