Sentences with phrase «abuse judicial discretion»

Not exact matches

Accordingly, the SJC held that the trial judge did not abuse his discretion in applying judicial estoppel.

The majority held that decisions about professional discipline are akin to prosecutorial discretion, such that errors «must likely approach an abuse of process to invite judicial intervention» (at para 47).

In Raggett v (1) Society of Jesus Trust 1929 for Roman Catholic Purposes (2) Preston Catholic College Governors [2010] EWCA Civ 1002, [2010] All ER (D) 116 (Aug) it was held that in a sexual abuse claim where the abuse was historic, the order in which the judge approached issues of liability and limitation did not affect the substance of an overall assessment as to whether it was appropriate to exercise judicial discretion under the Limitation Act 1980, s 33 to disapply the limitation period.

Appellant argues that the trial court abused its discretion by taking «judicial notice» of a medical dictionary as a «learned treatise.»

Upon judicial review, the Federal Court affirmed that the Immigration Division has little discretion to determine whether there was an abuse of process beyond the proceedings immediately before it.

As shared parenting isn't suitable for every family, proposed legislation maintains judicial discretion to deal with circumstances like abuse, neglect, or abandonment.

[FN197] They can also ameliorate the concerns about abuse of judicial discretion.