Sentences with phrase «appellate decision made»

Moreover, as the Supreme Court explained, «a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.»

Defeated class certification of Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and implied warranty claims in federal court cases involving claims against airplane part manufacturer and dental implant manufacturer; Defense of automotive class actions has led to several appellate decisions making certification of such claims very difficult in Florida.

Several Kentucky appellate decisions make a distinction about comments made by a lawyer in a pending case, and statements made after the conclusion of a case.

Not exact matches

For trial court judges, the prospect of appellate review of their decisions partially mitigates the risk of a judge making bad decisions due to declining intellectual capacity.

By so doing, he is making himself a superintendent and overseer and an appellate court over decisions of a court of competent jurisdiction which under a constitutional democracy like ours and under the rule of law can never be possible.»

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

«Clearly it was very, very conservative and he had made decision after decision on the appellate court, and it ended up that he didn't get confirmed and the person who got confirmed as a Supreme Court judge — I can't even remember his name.»

She pointed out that the California Teachers Association has racked up three wins since spring, with the appellate court's unanimous ruling to overturn Vergara, the Supreme Court's decision this week to decline to review the case and the thwarting of her own bill that would have made changes to teacher tenure and dismissal procedures.

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.

Following a broadly structured decision by the 5th U.S. Circuit Court of Appeals to vacate the DOL fiduciary rule expansion, the National Association for Fixed Annuities decided its own appellate challenge has been made unnecessary.

But the appellate court's decision to keep blocking the ban pending trial or further appeal is also «a losing situation for the business travel industry,» GBTA said, because «the uncertainty it will create as we await an appeal to the Supreme Court will continue to make its mark.

The decision might seem harsher still, since it is an example of an appellate judge who reviews a discretion - based decision of the judge below, and concludes that he would not have made the variation order himself, at first instance; but upholds the decisions and, correctly, dismisses the appeal, because it can not be said that the district judge was wrong or that his decision was outside the range of discretionary decisions that was properly open to him.

Moreover, they have to explain almost every decision they make — many decisions can be appealed, while some trial judges and all appellate judges have to put in writing the reasons for their decisions.

During the following two years, Richard worked closely with Justice Cotter in the intellectual and esoteric field of appellate law and decision - making.

Although some judges come to a decision after reviewing the brief, the oral argument provides an appellate attorney with an opportunity to make a final argument.

The court confirmed that an appellate court should interfere only where a mistake is made as to an «extricable question of law» or where overall the trial judge reached a completely irrational decision.

In the end, there's nothing more frustrating to read than appellate writing that doesn't know where it's going, and evidences that it doesn't care, or has no sense, of where it stands in the «pantheon» of appellate decision - making.

At trial, the jury was able to convict based on the information, but an appellate court will have a hard time making a decision on the sufficiency of the evidence.

The appellate court remanded the decision to the trial court to consider these factors as a guide to making a judgment on the children's best interests.

Trial court and appellate judges will then issues decisions affirming, denying, or modifying the decisions made below.

I've been reading a lot of judges» decisions recently, and I've noticed a type of comment that comes up frequently: comments that seem to only be provided in order to make it more difficult for an appellate court to overturn their decision.

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In other words, from 24 Feb, there were competing legal claims as to the child's best interest, which the courts may make a decision about pursuant to § 31 of The Children Act, and where the hospital submitted a conventional plan for treatment (withdraw life support, limit treatment to palliative care): see the appellate judgment para 116 ff.

l As a rule also, there is some basis to the claims they make; what is in issue is the inappropriate and wholly excessive way in which they continue to pursue their claims after a properly constituted court (and later an appellate tribunal) has pronounced its decision, invariably one that has gone against them.

It's important for those in the midst of a divorce to make sure they have adequate legal representation because it's difficult to have such decisions reversed at the appellate level.

In upholding the trial judge's decision, the appellate court found that «the appellant mischaracterizes the test for undue influence in the context of testamentary gifts,» meaning gifts made in a will rather than during a lifetime.

A state appellate court in Maine recently handed down a decision that demonstrates the importance of meeting deadlines and other procedural requirements when making a personal injury or wrongful death claim, especially when the claim is against a state or municipality.

In the first New York appellate decision to rule on the issue, the Appellate Division, Second Department held in its February 28, 2018 opinion in Spencer v. Spencer, that violations of matrimonial action «Automatic Orders» can be grounds for a finding of civil contempt, but an application for that relief must be made before the entry of the judgment of divorce.

The Law flows from two places, code sections which are voted on by the Georgia legislature and from stare decisis, over 200 years of appellate judicial decisions that make up the collective wisdom of the bench in interpreting the law in certain factual circumstances.

However, because it was decided by an appellate court, it is likely to influence decisions made under human rights legislation in all Canadian jurisdictions, particularly those involving employer drug use policies in safety sensitive workplaces.

If a Georgia appellate court holds that a lawyer, judge or jury made an error during the trial, or that a judge made an error in deciding a motion for summary judgment, the appellate court can reverse the trial court's decision or order a new trial.

District judges have the time (because they've invested the time in pretrial hearings, trials, and sentencing hearings) to make good sentencing decisions, whereas appellate judges don't have and can't have the same time invested in each case.

Hopefully such changes also would enhance the ability of appellate courts to make «a sensible decision» based on all of the «important facts» for such a decision.

[A] n appellate court may only intervene in the decision of a trial judge if he or she erred in law or made a material error in the appreciation of the facts.

We represent both claimants and defendants and offer a comprehensive service, including advice in relation to structuring commercial agreements with public bodies and to making or challenging decisions, representation at interim and full hearings, and beyond to the appellate courts.

The Law Society of Upper Canada's Nov. 28, 2013, appellate decision in Law Society of Upper Canada v. Groia, at paragraph 235, held that lawyers should not mount a defence based on prosecutorial misconduct unless they are made «in good faith and have a reasonable basis.

The difficulty of course is that case - by - case analysis raises the costs of decisions for the litigants, increases the risk of error and manipulation by lower court judges, makes it harder for appellate judges to monitor lower court decisions, and makes life less certain for litigants and legislators.

Karakatsanis J. points to multiple features of the elaborate statutory scheme that might be said to support the alternative interpretation and explains how each of them is nonetheless consistent with the Board's interpretation (if one can call it that), much of which is supported by reference to a decision made by another body that «formerly» had appellate jurisdiction from the Board (at para. 44).

The Italian constitutional Court has upheld national rules which had been judged by the ECHR as contrary to the Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)

Judges may make better choices and there is a clearer basis for appellate judges to monitor lower court judges for mistakes or manipulation and for the legislature to make its wishes known about who should be making a decision.

In other words, if the appellate judges believe the lower court got the law wrong, they will reverse its decision; but they will only reverse a finding of fact if the lower court made an especially egregious or obvious mistake.

Of course «justice» here in the Mian case is balancing on a fine line as justice must not only be seen to be done in the scope of the appellate review but justice must also be done in the very decision the appellate court makes.

Thus, the judge had a good deal of discretion in making his decision and would only be reversed by the appellate court if he made a legal error or if the evidence was insufficient as a matter of law.

Second, I consider a number of characteristics of courts as institutions, including judicial independence, judicial training, and collective decision - making on appellate courts.

The whole decision - making process of an appellate court is designed to balance the need for finality against the need for quality and a fair trial in the trial court.

To make the correct evaluation first instance decision - makers and appellate tribunals must remember that the Directive's purpose is to simplify and strengthen the right of free movement and residence for all EU citizens.

«Putting these factors together, in future prosecutors will be more unlikely to make these decisions, while the appellate courts would like them to.

An appellate court makes a decision based on the facts of one case and in Wyeth, the facts before the Court were very limited.

Maybe you'll decide you need to input the leave to appeal and appeal facta, too, and somehow take into account what was in there in assessing the significance of Clements, Ediger and Benhaim to the decision you need to make to render your opinion bearing in mind you don't actually know what grounds of appeal the SCC thought mattered and, remarkably enough, sometimes the SCC delivers comments on issues that (arguably) weren't dreamt of by appellate counsel;

Given that the later case is an appellate decision seemingly doubting the correctness of a comment made in the earlier appellate case released just a few months before...