Sentences with phrase «justice as a test case»

This culminated in a judgement against DM in early 2011, which they promptly appealed (sent to the European Court of Justice as a test case).

Not exact matches

I didn't say there was no inequality in the justice system, I said the media inflames when they use 1 case as a litmus test, especially when the system is stacked in favor of defendants.

Noting that «a majority of the Justices has at various times expressed their disapproval of the Lemon test» (Justices Sandra Day O'Connor and Anthony Kennedy have also criticized Lemon, but voted not to hear this case), Scalia wrote that he would have used this case as a vehicle «to inter the Lemon test once for all.»

Before the introduction of the residency test, the Ministry of Justice (MoJ) described the Legal Aid, Sentencing and Punishment of Offences Act (Laspo) as «targeting legal aid at the most serious cases which have sufficient priority to justify the use of public funds».

Lord Justice Moses concluded that the common law right of access to a court — as demonstrated in cases such as Witham — would not provide a basis to challenge the Lord Chancellor's decision on the test (para 57 — 59).

French magistrates who were testing case prediction technology by legal AI start - up Predictice as part of a Ministry of Justice - supported test project, have said that they see...

He is known as an expert in EU immigration law and has litigated key test cases before the European Court of Justice.

French magistrates who were testing case prediction technology by legal AI start - up Predictice as part of a Ministry of Justice - supported test project, have said that they see no «additional value» in the system, as compared to the capabilities they have already.

FURTHER ACCOUNT In the Bank Charges Test Case — OFT v Abbey National and others [2008] All ER (D) 349 (Apr)(see NLJ 9 May 2008, p 668)-- Mr Justice Andrew Smith on 22 May 2008 granted the banks permission to appeal his ruling that current terms and conditions for unarranged overdraft charges were susceptible to assessment as to fairness under the Consumer Credit Regulations 1999 (SI 1999/1956).

The case was brought by the Public Law Project, a national legal charity that promotes access to justice, on the basis that the residence test would, if implemented, violate fundamental constitutional rights guaranteed by the common law and the European Convention on Human Rights, as incorporated into United Kingdom law by the Human Rights Act 1998.

If the test is satisfied as determined by the judge or justice in the case, the evidence will be admitted at trial.

In the conduct of a discrimination claim, the special advocate and indeed the judge can test the case of the alleged discriminator without the input of the claimant thereby ensuring that justice, albeit what the employment judge described as «imperfect justice», was possible.

In January 2015, Mr Justice Silber gave the family permission to bring a test case against the coroner, which challenged the lawfulness of her approach to directing invasive autopsies when there was a possibility that non - invasive investigations such as CT scans might be more appropriate, when the family of the deceased had expressed religious objections to an invasive autopsy.

The keynote speaker, Mr Justice Ryder provided a comprehensive and informative speech in which he highlighted the fact that Re B and Re B - S were «not intended to redraw the statutory landscape» and that the statutory test should not have a «gloss» placed upon it but that the aim of these cases was to act as a revision of good practice in respect of the existing test rather than eliciting a new test or presumption.

The keynote will be followed by workshop sessions on a wide variety of topics of interest to criminal, juvenile, child welfare and mental health practitioners, including but not limited to the wrongful conviction and exoneration of Frederick Clay, litigating nursing home admissions, appellate advocacy, criminal case law update, how to use social science research in your case, the new sentencing guidelines, restorative justice, ensuring language access, advanced issues in Superior Court litigation, representing emerging adults, how to contest preliminary drug test results, a practicum on mindfulness, as well as the latest from the immigration impact unit.

The Justice Department will make $ 40 million in grants for rape kit testing, including $ 2 million to assist localities in sending case information to what is known as the FBI's Violent Criminal Apprehension Program, or ViCAP.

In circumstances where a parent acquires the rights and liabilities of a subsidiary it is likely to be the case that the Court of Justice would treat this as including the right to assert any EU legal professional privilege enjoyed by the subsidiary, although the point does not appear to have been tested in jurisprudence.

As notorious as their cases are and as palpable as wrongful convictions should be — the test for miscarriage of justice can be elusivAs notorious as their cases are and as palpable as wrongful convictions should be — the test for miscarriage of justice can be elusivas their cases are and as palpable as wrongful convictions should be — the test for miscarriage of justice can be elusivas palpable as wrongful convictions should be — the test for miscarriage of justice can be elusivas wrongful convictions should be — the test for miscarriage of justice can be elusive.

In the Henry case in British Columbia, the government was able to pass the third step of the Oakes test largely because, under the current rules, vouching is permitted: «Looking at the scheme as a whole, taking into account the broad range of options available for proof of identity and residence,» wrote Madam Justice Smith of the B.C. Supreme Court, «I am satisfied that there are no alternative, less drastic means of achieving both of Canada's legislative objectives in a real and substantial manner.»

In that case, Justice Frank Iacobucci said: «As observed by the application judge, a contractual term may be implied «on the basis of the presumed intentions of the parties where necessary to give business efficacy to the contract or where it meets the «officious bystander test.»