Sentences with phrase «actual time in court»

Not exact matches

«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III, as well as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.

In the celebrated case New York Times v. Sullivan, the U.S. Supreme Court held «the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).&raquIn the celebrated case New York Times v. Sullivan, the U.S. Supreme Court held «the First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity).&raquin reckless disregard of their truth or falsity).»

But they spent no actual time in prison as their appeals moved through the court system.

deCODE's actual results could differ materially from those anticipated in the forward - looking statements as a result of risks and uncertainties, including, without limitation, (1) the impact of the announcement of its bankruptcy filing on deCODE's operations; (2) the ability of deCODE to maintain sufficient debtor - in - possession financing to fund its operations and the expenses of the Chapter 11 proceeding; (3) the ability of deCODE to obtain court approval of its motions in the Chapter 11 proceeding; (4) the outcome and timing of the proposed sale of deCODE's assets, including deCODE's ability to close a transaction with SagaInvestments, LLC or any other purchaser; (5) the uncertainty associated with motions by third parties in the bankruptcy proceeding; (6) deCODE's ability to obtain and maintain normal terms with vendors and service providers and contracts that are critical to its operation; and (7) other risks identified in deCODE's filings with the Securities and Exchange Commission, including, without limitation, the risk factors identified in our most recent Annual Report on Form 10 - K and any updates to those risk factors filed from time to time in our Quarterly Reports on Form 10 - Q or Current Reports on Form 8 - K.

A buyer injured by a violation of this Part or by a credit repair services organization's breach of contract subject to this Part may maintain an action in a court of competent jurisdiction for recovery of actual damages plus costs of suit and reasonable attorney fees, which shall be measured by the time reasonably expended by the consumer's attorney and not by the amount of recovery.

If, however, you were convicted, and the Court found that you knew that the victim hadn't died at the time of trial, but you did not raise the fact that the victim wasn't dead, it isn't clear if you could have the original conviction vacated because it was a fair trial and you knew evidence sufficient to get yourself acquitted (which you may have refrained from presenting to avoid conviction on a lesser charge like kidnapping or aggravated assault), and the status of an «actual innocence» grounds for vacating a conviction after trial is hotly disputed, conservatives like the late Justice Scalia generally say «no», liberals generally say «yes», moderates like to say «yes» but make it almost impossible to establish except in rare cases like one where a live person walks in when there was a murder conviction for killing that actually living person.

In the case of explosives the practical military experience of making and testing improvised explosives devices, (at times when such activity was authorised by the Secretary of State for Defence), having instructed others in the creation of such devices, the rehearsal of the use of such devices under circumstances parallel to those that defendants are accused, actual use of clandestine recipes, and also chemical expertise in the synthesis procedures used in explosive preparation, are all critical to being able to assist the court in such matterIn the case of explosives the practical military experience of making and testing improvised explosives devices, (at times when such activity was authorised by the Secretary of State for Defence), having instructed others in the creation of such devices, the rehearsal of the use of such devices under circumstances parallel to those that defendants are accused, actual use of clandestine recipes, and also chemical expertise in the synthesis procedures used in explosive preparation, are all critical to being able to assist the court in such matterin the creation of such devices, the rehearsal of the use of such devices under circumstances parallel to those that defendants are accused, actual use of clandestine recipes, and also chemical expertise in the synthesis procedures used in explosive preparation, are all critical to being able to assist the court in such matterin the synthesis procedures used in explosive preparation, are all critical to being able to assist the court in such matterin explosive preparation, are all critical to being able to assist the court in such matterin such matters.

Hale LJ dissented and expressed concern regarding a general enforceability of pre-nuptial agreements and that the law should «not introduce a presumption or starting point in favour of holding the parties to it: the guiding principle should be fairness in the light of the actual and foreseeable circumstances at the time when the court comes to make its order» and stated that «modern marriage still possesses an irreducible minimum, which includes a couple's mutual duty to support one another and their children».

Author: «Plea Bargaining in Federal Court: Predicting and Minimizing the Actual Time to be Served,» 16 Colorado Lawyer 1395, August, 1986.

Statutes of limitations, limiting the time in which a prisoner can seek a new trial based on newly discovered evidence, can not limit courts» ability to consider new evidence of actual innocence.

In addressing the plaintiff's case, the court found that the Department of Transportation could be held liable only if the plaintiff could prove that the Department had actual or constructive knowledge of the dangerous condition for a sufficient amount of time prior to the time of the accident so that measures could have been taken to protect against the dangerous condition.

Nor can I discern in those First Amendment considerations that led us to restrict the States» powers to regulate defamation of public officials any additional interest that is not served by the actual malice rule of New York Times, supra, but is substantially promoted by utilizing this Court as the ultimate arbiter of factual disputes in those libel cases where no unusual factors, such as allegations of harassment or the existence of a jury verdict resting on erroneous instructions, cf. New York Times, supra, are present.

In R. v. Gibson (2017), the court held that the definition of «goods» included, for the purpose of s. 99 (1)(a) of the Customs Act, data stored in any electronic device, including cell - phones, that is in «actual possession of or in accompanying baggage of traveller at time they arrive at border and commence dealings with customs officers.&raquIn R. v. Gibson (2017), the court held that the definition of «goods» included, for the purpose of s. 99 (1)(a) of the Customs Act, data stored in any electronic device, including cell - phones, that is in «actual possession of or in accompanying baggage of traveller at time they arrive at border and commence dealings with customs officers.&raquin any electronic device, including cell - phones, that is in «actual possession of or in accompanying baggage of traveller at time they arrive at border and commence dealings with customs officers.&raquin «actual possession of or in accompanying baggage of traveller at time they arrive at border and commence dealings with customs officers.&raquin accompanying baggage of traveller at time they arrive at border and commence dealings with customs officers.»

I will consider believing that the action is about principle and not principal when I hear that both Mr. Waldman and his lawyers disclaim, in material filed with the court, any interest in keeping any of the money that they may succeed in forcing Thomson to disgorge beyond, for Mr. Waldman, any actual financial damage he can prove he has sustained (on even a substantial possiblity possibility - but-less than probability basis, assuming he can prove causation on the balance) and for class counsels fees whatever their time is actually worth.

It's also important to point out that while some courts have interpreted actual cash value to be equal to fair market value (i.e. the amount of money you could get for a vehicle if there were no time constraint based upon the sale), in most cases insurance companies look at it as something closer to the amount of money you could get for a car or truck if you sold it today.

In 2009, the Administrative Office of the Courts of Maryland asked Ms. Senft to design an assessment program for court - rostered domestic mediators modeled on her Practitioner's Institute, a formative and summative assessment based on actual real - time observed performance of the mediator.

(1) When the intended relocation of the child is within the school district in which the child currently resides the majority of the time, the person intending to relocate the child, in lieu of notice prescribed in RCW 26.09.440, may provide actual notice by any reasonable means to every other person entitled to residential time or visitation with the child under a court order.

(a) The court shall apply the guidelines schedule in effect at the time of the hearing subject to the obligor's demonstration of his or her actual income, as defined by subsection (2), during the retroactive period.

Your court may not recognize 3rd party time in your custody schedule, but you can use it as you make your schedule so that both parents get a clear picture of the actual parenting time in various schedule ideas.