Sentences with phrase «appellate review by»

This will undermine the quality of adjudication and appellate review by failing to elicit relevant evidence and perpetuating opaque analysis and reasoning.

Relatedly, because the PTAB's determination of non-institution and redundancy will also be part of the final written decision, these determinations will now also be subject appellate review by the Federal Circuit.

Not exact matches

«Now the appellate court will need to review errors» made by the judge, attorney John Beisner said in an e-mailed statement.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

But a human reviewing its output would conclude that, for instance, the documents typified by the words «jurisprudence» and «appellate» are legal documents, while those typified by «tonality» and «harmony» are music - theory papers.

That is a central issue in a recent lawsuit by Southeastern Legal Foundation (SLF), the Competitive Enterprise Institute (CEI), a host of lawmakers and several companies, who are petitioning the Supreme Court to review an appellate court decision upholding the EPA's global warming regulations.

In particular if I lost at the appellate court, I'd petition for en - banc review by all the judges in that appellate court before appealing to the Supreme Court.

Prepared various appellate briefs for review by the Arizona Court of Appeals and the Arizona Supreme Court.

Their independent variable was readability, as measured by the Flesch Reading Ease score calculated by Microsoft Word.127 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion (present or absent), and readability of the opinion deciding the appeal.

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.

This method of instruction, embraced by nearly all U.S. law schools, encourages students to review appellate court decisions, analyze the judge's reasoning and findings and deduce general legal principles from specific cases.

Courts, including a number of appellate courts, have reviewed human rights tribunal decisions, and spoken to the obligation of professional regulatory hearing panels to address alleged discrimination, unless such issues are expressly excluded from their scope by enabling legislation.

The 2003 version of Family Proceedings Rules 1991, r 8.1 (3) requires that the judge, as appellate tribunal, «be limited to a review of the decision or order of the district judge», save where the «judge considers that... it would be in the interests of justice to hold a rehearing» — as happened, for example in R v R (Lump Sum Repayments)[2003] EWHC 3197 (Fam), [2004] 1 FLR 928, where Mr Justice Wilson (as he then was) decided that the evidence before the district judge needed to be revisited by him.

Smith's Blawg Review # 123 is styled as an appellate decision that sets a great precedent for future Blawg Reviews by covering a wide range of subjects, from the Nixon Peabody theme song debacle to judges who write and cite law blogs.

In my opinion, it's perfectly reasonable to focus on the cases in which the appellate decision actually came down (i.e., the completed experiments), implicitly assuming that the affirmance and reversal rates would have been more or less the same if all other decisions had been reviewed by the appeals court.

Generally, an appellate court can only review issues that were presented to and ruled on by the trial court.

Questions of law will be reviewed by an appellate court on a standard of whether the decision, taken as a whole, was demonstrably unreasonable.

Unfortunately for a marginally winning plaintiff below, the former — the zilch / nada — option was seized by the trial judge and affirmed by the appellate court on review in connection with an attorney's fees request.

I am surprised by the number of appellate level decisions in Canada that rule correctness is the applicable standard to review a ministerial decision, and I must admit to being somewhat puzzled over why this has become an issue.

Whether the case is being reviewed by an intermediate appellate court or the supreme court, our nationwide lawyers understand the strategies that work on appeal and the climate that effects your case in the particular forum.

The annual Haynes and Boone Securities Litigation Year in Review comments on significant securities - related decisions by the Supreme Court, federal appellate courts and district courts, notes key developments in SEC enforcement, and summarizes significant rulings in state law fiduciary litigation against directors and officers of public companies.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

On appeal, the appellate Court will embark upon a case by case analysis to determine whether the interim decision is likely to have a direct bearing on a fundamental trial issue; this is the standard of review.

These cases have been pre-screened by a staff attorney based on a determination that briefing and argument by counsel would benefit appellate review and assist with the fair and efficient administration of justice.

On appeal, these proceedings «by indictment» are reviewed by the Court of Appeal for Ontario usually before a three member panel of appellate judges although in rare cases a five member panel will sit.

two decisions handed down by the European Court of Human Rights on the basis of Article 6 § 1of the European Convention on Human Rights in relation to the application of the aforementioned Article of the [French] Code of Civil Procedure must lead the Case Management Judge to perform a strict review of the relationship of proportionality between the purpose of the text and the potential deprivation of the right to access to the appellate judge that may result from such text;

Jost also covers appellate cases that look ripe for review by the justices and other current events that raise constitutional questions.

which judges would be guided but not bound by sentencing guidelines, in which they would impose determinate sentences not subject to adjustment by a parole board, and in which their sentences would be subject to appellate review for reasonableness and proportionality

By holding that appellate courts are to review interpretation of «standard form» contracts on a correctness standard, the court protects the rule of law.

Brent Kendall of The Wall Street Journal reports that «Appeals Court Questions Grounds for Canceling Policy on «Dreamers»; Trump's effort to end DACA program reviewed for first time by appellate judges.»

The Supreme Court may review certain categories of judgments, decisions, and questions of law certified to it by the district courts of appeal and federal appellate courts.

So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56

A review of major patent appellate decisions over the last year by the U.S. Supreme Court and the Federal Circuit.

In the event that removal is recommended, a seven - member Review Tribunal of appellate justices, also appointed by the Texas Supreme Court, will review the record of the public trial and the hearing before the Commission to determine if the judge should be removed from oReview Tribunal of appellate justices, also appointed by the Texas Supreme Court, will review the record of the public trial and the hearing before the Commission to determine if the judge should be removed from oreview the record of the public trial and the hearing before the Commission to determine if the judge should be removed from office.

After reviewing basic principles concerning s. 8 of the Charter [118] and the reasoning of the first appellate court (the Divisional Court), [119 - 131] the Court of Appeal concluded the summons power was a reasonable power, properly constrained, when used by an investigator appointed under s. 75 of the Code.

At the end of the five - day period, petitioner produced substantially all the data called for by the production order except its membership lists, as to which it contended that Alabama could not constitutionally compel disclosure, and moved to modify or vacate the contempt judgment, or stay its execution pending appellate review.

Alito argues that appellate reasonableness review means that for each offense, there is a sentence which «represents the [most] onerous sentence that [could] be regarded as reasonable in light of the bare statutory elements found by the jury.»

Family Law Case Review Case: Robert A. Masters v. Leah Masters by Mike Kohlhaas, Bingham Greenebaum Doll HELD: An indemnification provision for violations of the parties» arbitrated Decree permitted Wife to recover appellate attorney's fees from Husband when Husband elected not to comply with a term of the Decree and instead pursue an appeal of it.

trial judges who remain unsatisfied by counsel's submissions should provide clear and cogent reasons for departing from the joint submission (and as the S.C.C. wrote, these «[r] easons will... facilitate appellate review.»)

The reasons as rendered by the judge did allow for a meaningful appellate review.

By giving the most repugnant appellant full recourse to meaningful appellate review, and by subjecting the apparently most deserving convictions to careful appellate scrutiny the integrity of the process is maintained and a commitment to the unbending application of the rule of law is affirmed.By giving the most repugnant appellant full recourse to meaningful appellate review, and by subjecting the apparently most deserving convictions to careful appellate scrutiny the integrity of the process is maintained and a commitment to the unbending application of the rule of law is affirmed.by subjecting the apparently most deserving convictions to careful appellate scrutiny the integrity of the process is maintained and a commitment to the unbending application of the rule of law is affirmed...

The court's proposal, that a document not referred to either in evidence or an argument could be inferred by the court to be unimportant, was generally acceptable to counsel as a pragmatic approach, but not to the extent that it limited appellate review.

Judges are held accountable for their actions through the requirement of producing reasons for their decisions, by appellate review and through the open court principle.

The parties may also file a notice of appeal to have the case reviewed by an appellate court.

According to the 5th Circuit's opinion, Jenevein attempted to appeal the commission's censure order by asking Texas Supreme Court Chief Justice Wallace Jefferson to appoint a special court of review made up of three appellate judges.

Unlike my very favorable view of certain specialist tribunals like bankruptcy appellate panels (BAPs), I am a strong believer in review of social security disability denials by federal district judges.

He finished his discussion of the case by stating that he agreed with a deferential review by appellate courts on factual questions but not on legal questions decided by any tribunal.

Litigants are now incentivized to submit more extrinsic evidence, even in cases where they would not have under the old standard, and hope the district judge will use it to craft a favorable opinion with plenty of citations to underlying facts that must be reviewed with deference by the appellate court.

On review, the appellate court reiterated that «[i] t is long settled in Illinois that an action in quasi-contract, such as quantum meruit, is precluded by the existence of an express contract between the parties regarding the work that was performed.»

The other examples provided by commenters, such as arranging, conducting, or assistance with primary and appellate level review of enrollee coverage appeals, also fall within the scope of adjudication of health benefits claims.