Sentences with phrase «appeal issues of law»

American appeals make it easy to appeal issues of law, and very hard to appeal questions of fact.

Not exact matches

At issue in Salman's appeal is whether the government in insider trading cases must prove that an alleged source of corporate secrets like the brother - in - law received a tangible benefit like cash in exchange for any tips.

What we today call cultural issues were not so much at the forefront of political sensibility as they would later be, but Nixon strongly benefited from his «law and order» appeal.

The landscape is changing: Two months ago, experts proclaimed the legalization of gay marriage «a blue state thing,» but the ruling on Utah's same - sex marriage law and similar appeals in Oklahoma and Texas are pushing the issue to red states.

After claiming the authority of natural law, Scripture, tradition, the previous teaching of the magisterium, and the unanimous agreement of the bishops today, the Pope appeals to his own authority as successor of Peter and issues a solemn declaration.

Henry rejected liberal versions of the social gospel which tended to be all social and no gospel, but he appealed to an earlier evangelical consensus of cultural engagement that included the work of William Wilberforce in campaigning for the abolition of the slave trade in England, the revivalist impulses of Charles G. Finney against slavery in this country, as well as evangelical concerns for suffrage, temperance, child labor laws, fair wages for workers, and many other progressive issues to which many theologically conservative Christians were once committed» before what David Moberg has called «the great reversal,» an evangelical withdrawal from such concerns.

He litigated major law reform and class action cases in the federal court of appeals and Supreme Court on Social Security, Medicaid, Aid to Families with Dependent Children, SNAP / Food Stamps and other public benefits issues, and the rights of children born out of wedlock.

In a statement issued by his Chief Press Secretary, Mr. Enyinnaya Appolos, the governor said he had faith in the judiciary and the rule of law, adding that he would appeal against the judgement.

5.3 All the people of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»OF EXEMPTION has been established in that regard».

Jonathan Lippman, who was chief judge of the state Court of Appeals from 2009 through last year, has joined the New York office of Latham & Watkins LLP, where he will provide expertise on state law and appellate matters while remaining a high - profile advocate on the public policy issues.

HIGHMOUNT, N.Y. >> Another obstacle to the development of the Belleayre Resort at Catskill Park has been cleared: A state appeals court has upheld a lower - court finding that the Shandaken Zoning Board of Appeals properly interpreted a town law that cleared the way for the town Planning Board to issue permits for the pappeals court has upheld a lower - court finding that the Shandaken Zoning Board of Appeals properly interpreted a town law that cleared the way for the town Planning Board to issue permits for the pAppeals properly interpreted a town law that cleared the way for the town Planning Board to issue permits for the project.

In 1967 their case is appealed at the Supreme Court and all anti-miscegenation laws are issued as unconstitutional and in violation of the Fourteenth Amendment's guarantee of equality.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

The attorney general's appeal says the judge ventured from questions of law to issues of policy best left to elected officials.

As the District of Columbia Circuit Court of Appeals in Emporium Capwell stated, the standard for trade unions should be the very highest one; «on the issue of whether to tolerate racial discrimination in employment... the law does not give the union an option to tolerate some racial discrimination, but declares that all racial discrimination in employment is illegal.»

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

It may not have the mainstream appeal of the story about the Georgetown Law graduate who sold his law degree on craigslist, but blogger, and Republican candidate for the Pennsylvania legislature, Stephen Bloom of the Believer's Guide to Legal Issues, has built a following around the notion of giving your law license to GLaw graduate who sold his law degree on craigslist, but blogger, and Republican candidate for the Pennsylvania legislature, Stephen Bloom of the Believer's Guide to Legal Issues, has built a following around the notion of giving your law license to Glaw degree on craigslist, but blogger, and Republican candidate for the Pennsylvania legislature, Stephen Bloom of the Believer's Guide to Legal Issues, has built a following around the notion of giving your law license to Glaw license to God.

For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular caLaw 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular calaw to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulappeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulAppeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulappeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

The Court of Appeal noted that the question at issue was statutory interpretation, which is a question of law and attracts a standard of correctness on review.

Maya Lester QC and Daniel Piccinin appeared in the Divisional Court and Court of Appeal on issues of EU law.

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 Court of Appeals could, however, ask for the assignment of a retired judge to handle discovery issues, reviewing the evidence, making proposed findings of fact and conclusions of law, and perform «any other necessary related judicial duties».

And it was the defendant's competence and the judge's incompetence and ignorance of the law that resulted in this defendant being the prevailing party on this issue per the decision of the court of appeals.

The Svea Court of Appeal found that when the relevant dispute - resolution clause (article 10) in the BIT is interpreted in accordance with article 31 and 30 of the Vienna Convention on the Law of Treaties («the Vienna Convention»), it only covers jurisdiction over issues relating to the amount, or method of payment, of compensation paid in the event of an expropriation, and not over the issue as to whether expropriation of an investment has occurred or not.

Sole custody orders issued by an Arizona judge may be appealed to the Arizona Court of Appeals, which will review the case to determine if there were apparent errors in interpreting the law -LSB-...]

Carter Phillips is a voice of authority in appeals before the US Supreme Court, calling upon a wealth of accumulated knowledge to advise clients on a broad array of constitutional issues, administrative law matters and wider commercial disputes.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

My sense is that given Justice Swinton's analysis on that point of law and the amount of money likely in issue, this case will likely be appealed to the Court of Appeal for Ontario.

Rosalind specialises in Planning and Highways law, and advises on a range of contentious and non-contentious planning matters, including strategic planning advice, planning appeals, judicial review and other Planning Court challenges, and planning enforcement issues.

The Arizona Court of Appeals concluded that the trial court erred as a matter of law in determining the issue in this case as one of school choice.

It includes analysis on emerging issues in federal criminal law and practical advice on navigating challenging issues at all stages of federal criminal proceedings, from the bail hearing through trial and appeal.

Just published a short article in the ABA's latest issue of Appellate Practice, on appealing arbitration awards and the current circuit split over «manifest disregard of the law.»

In this context the Court of Appeal gave some detailed consideration to injunctions in aid of the criminal law, to issues of public nuisance, and to the ASBO legislation.

The latest issue of the Yale Law Journal contains a supremely sane and caustic attack by Judge Richard Posner of the Seventh Circuit Court of Appeals on the tendency of the Blue Book (Uniform System of Citation) to proliferate increasing thickets of rules and increasingly trivial sub-rules.

Thus the Ontario Court of Appeal in Barrick v Lopehandia 2004 CanLII 12938 issued an injunction against further defamation, in part because of the Internet's character as «potentially a medium of virtually limitless international defamation» (the Court quoted Matthew Collins, The Law of Defamation and the Internet.)

Miles Obradovich, owner of Obradovich Law, said via email that the issue at the centre of the appeal «is whether the paramount principle of protection of the public in the context of reduced tolerance for sexual interaction by doctors with their patients warrants a departure from the range of penalty previously given for this type of behaviour.»

The issue before the court in Sumukan Ltd v Commonwealth Secretariat, 27 February 2006, unreported, was whether a provision of CSAT's statute which had the effect of excluding appeal to the court on points of law — permissible pursuant to AA 1996, s 69 — could be incorporated by means of a reference to CSAT's statute in the contract.

The vast majority of personal injury and civil cases are issued with a jury notice, and consequently rarely have a reported decision with a trial amount unless it is appealed on quantum, costs, or an unrelated point of law.

The Law Society, which intervened in the appeal, estimated there could be tens of thousands of clients affected by this issue given the similar impact of the Jackson reforms on smaller law firLaw Society, which intervened in the appeal, estimated there could be tens of thousands of clients affected by this issue given the similar impact of the Jackson reforms on smaller law firlaw firms.

Hudson is the first time since I began this blog that the Supreme Court has issued a published decision dismissing a writ of certiorari as improvidently granted for a Court of Appeals opinion pertaining to family law.

Sole custody orders issued by an Arizona judge may be appealed to the Arizona Court of Appeals, which will review the case to determine if there were apparent errors in interpreting the law in regards to the situation at hand or a trial judge's abuse of his or her discretion.

Among others, Mr. Ferdinand's experience includes, appellate litigation; bankruptcy adversary proceedings; bid protests, debarments, and appeals; breach of contract and Uniform Commercial Code claims; broker disputes; commercial landlord - tenant actions, including commercial evictions; condominium association litigation; consumer fraud and deceptive trade practices act claims; corporate governance; directors» and officers» claims; ethics and professional liability; health law; injunctions; insurance issues; lien claims, including commercial and residential construction liens; planning board actions; post-judgment collection; restrictive covenants; shareholder and partnership disputes; and shareholder derivative claims.

Pennsauken, NJ (Law Firm Newswire) June 12, 2017 — An appeals court has issued a ruling stating that the Division of Workers» Compensation Board has jurisdiction over the case of a New Jersey resident, Keith Williams, who accepted an employment offer in New Jersey, but was injured on a jobsite in New York state.

Finally, although the judiciary strives to uphold claims to privilege, recent case law (in particular RBS Rights Issue Litigation, Re [2016] EWCH 3161 (Ch)-RRB- demonstrates the significant constraints they are operating in to meet the requirements of the controversial Court of Appeal decision in Three Rivers District Council (No 5)[2003] EWCA Civ 474, [2003] All ER (D) 59 (Apr)(TR5) where, among other things, «client» was narrowly defined.

If the mistake concerned an issue of law, you have the right to appeal to a higher court.

In Beatt v Croydon Health Services NHS Trust [2017] EWCA Civ 401, the Court of Appeal dealt with an employment law issue arising (unusually) from a life - or - death situation.

But an exasperated California Court of Appeal issued an opinion this week using no uncertain words to show its impatience with its perceived abuse of the law by plaintiff and defense lawyers alike, as both Shaun Martin and J. Craig Williams write about on their blogs.

Did the board err in law and breach its duty of fairness in determining the circumstances in which the record would be made publicly available following an appeal when that issue was not before the board?

Although this appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the facts.