Sentences with phrase «appropriate use of the court»

Of course, this then raises the question of whether this is an appropriate use of the courts.

In finding this was an appropriate use of the Court's discretion Mr. Justice Schultes provided the following comments:

Not exact matches

The court's written findings define an «adequate and well - controlled human clinical study» as one lasting a minimum of six weeks using appropriate tools.

Finally, Cook says that the FBI is proposing what Apple is calling «unprecedented use» of the All Writs Act of 1789, which authorizes federal courts to issue all orders necessary or appropriate «in aid of their respective jurisdictions and agreeable to the usages and principles of law.»

This is because the Court in Miller was not claiming that a well regulated militia is required for gun ownership, but rather that it can be used as a guide as to the appropriate manner and intent of individual gun ownership.

However, instead of using the same unsuccessful «one size fits all» solutions, the proposal before you calls for the creation of special Youth Parts of the adult courts that would offer appropriate sentences and services for young people, including incarceration,» the sheriffs wrote in the letter.

The Supreme Court held that the exclusive focus on money of the lower judicial panel was inappropriate and asked the panel to use a more appropriate outcomes standard.

However, the state supreme court found that the use of funds appropriated in SB 515, for K - 12 public education, to instead fund the ESA program violated the requirements of Article 11, Sections 2 and 6.

«(b) ACTIONS EXEMPTED FROM CONSIDERATION OF ALTERNATIVE DISPUTE RESOLUTION - Each district court may exempt from the requirements of this section specific cases or categories of cases in which use of alternative dispute resolution would not be appropriatOF ALTERNATIVE DISPUTE RESOLUTION - Each district court may exempt from the requirements of this section specific cases or categories of cases in which use of alternative dispute resolution would not be appropriatof this section specific cases or categories of cases in which use of alternative dispute resolution would not be appropriatof cases in which use of alternative dispute resolution would not be appropriatof alternative dispute resolution would not be appropriate.

«(a) CONSIDERATION OF ALTERNATIVE DISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioOF ALTERNATIVE DISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioof law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioof an alternative dispute resolution process at an appropriate stage in the appropriate stage in the litigation.

In July 2010, a Delaware court ruled on appropriate inputs to use in discounted cash flow analysis in a dispute between shareholders and a company over the proper fair value of the stock.

But, the court noted that the question was not whether the investment results were unfavorable, but whether the fiduciaries used appropriate methods to investigate the merits of continuing to invest in the stock.

Prince had appropriated 40 of Cariou's photos altering them variously, and though the judge ruled in favor of Cariou in 2011, the appeals court largely overturned the original decision in 2013, deciding that most photographs suffered sufficient transformation and were thus under permitted use.

However we can only fight this, and promote awareness of the tragedy of the commons problem, and the legitimacy of environmental rules and policies at state level as the most workable solution, along with use of the courts where appropriate.

When EPA uses the SCC as part of a Clean Air Act rulemaking, those regulations can only be challenged in the appropriate federal appellate court.

If someone were to dispute the SCC value in that process, the court would not decide what the appropriate value of a ton of CO2 is, but only whether EPA's use of the SCC value was «arbitrary or capricious.»

There has been quite a bit of controversy in the past few years about the use of experts in court, the appropriate role of experts in assisting judges, the subject matters upon which experts may testify and the ever - present problem of experts being hired by parties yet having to remain neutral in the search for the truth.

We conclude, as have many other state courts, that our State Constitution, which serves ** 1275 only «to limit the sovereign power which inheres directly in the people and indirectly in their elected representatives,» Hunt at 365, 450 A. 2d 952, is a more appropriate vehicle to resolve questions concerning the rights of our citizens to travel the highways of our state without police interdiction and the rights of the police to use reasonable methods to enforce our traffic laws than is the federal constitution.

Paul Bains, the lawyer who leveraged DocuSign for bankruptcy petitions and other important matters, used the software in place of original signatures as is done in many commercial settings in the US and globally.Judge Robert Bardwil of the U.S. Bankruptcy court in California ruled that while DocuSign is appropriate in many business settings, overall it does not constitute as a replacement for original signatures on legal documents and the like.

Indeed, the Office of the Privacy Commissioner (OPC) has previously found that an organization (unnamed in the finding, but presumably CanLii or a similar site) had collected, used and disclosed court decisions for appropriate purposes pursuant to subsection 5 (3) of PIPEDA.

On the first count of failing to provide appropriate use of force equipment and related training, the Court found that RCMP management should have been aware that the weaponry in use was insufficient to ensure the safety of members engaged with heavily armed assailants.

While no express regulations or provisions exist in the CLC relating to use of force equipment and training, the New Brunswick Provincial Court found the RCMP guilty of failing to provide its front - line members with appropriate use of force equipment and related user training when responding to an active threat or active shooter event in an open environment.

During that time, he was responsible for drafting pleadings, tracking and drafting objections to plaintiff depositions; managing spread sheets to ensure deadlines were met; processing urgent incoming mail and distributing it to the appropriate parties; creating binders to be used in court; maintaining electronic case files in an organized manor, as well as a wide - range of other legal support tasks.

Ltd.Although the court acknowledged that the use of predictive coding may not be a good fit for every case, it decided that — where it is possible and appropriate — this method can and should be used alongside manual review to fulfill discovery requests for electronically stored information.

The Court of Appeal has clarified that that case depended on its own «quite exceptional» facts — there the circumstances were such as to make it appropriate to imply a right to park, because there was no other viable parking for W, and it was possible to park without interfering with O's use of the land.

The legislature gave the Courts the task of determining if family violence was occurring, and if it was occurring, of using that information to make appropriate decisions about how the children of the separating couple are going to be parented.

The Chief Judge of the Fifth Judicial Circuit has determined that the use of therapy dogs to assist the victim witness may be appropriate in other traumatic proceedings including family court or dependency and Termination of Parental Rights proceedings.

SB 478 Requires the Supreme Court of Texas, as the court finds appropriate, to promulgate forms for use by individuals representing themselves in residential landlord - tenant matters and instructions for the proper use of each form or set of fCourt of Texas, as the court finds appropriate, to promulgate forms for use by individuals representing themselves in residential landlord - tenant matters and instructions for the proper use of each form or set of fcourt finds appropriate, to promulgate forms for use by individuals representing themselves in residential landlord - tenant matters and instructions for the proper use of each form or set of forms.

SB 512 Requires the Supreme Court of Texas to promulgate, as the court considers appropriate, forms for use by individuals representing themselves in certain probate matCourt of Texas to promulgate, as the court considers appropriate, forms for use by individuals representing themselves in certain probate matcourt considers appropriate, forms for use by individuals representing themselves in certain probate matters.

Practical examples of Resolution - appropriate behaviour includes using very mild examples of unreasonable behaviour in divorce petitions (even if more serious behaviour has in fact taken place) and not naming the other person in court documents where there has been adultery.

The provisions of the Criminal Code outline the principles that the Court uses for determining the appropriate sentence for a crime.One of the principles of sentencing that is considered a «mitigating factor» is the existence of «remorse».

One way to do this would be using appropriate sources of information like, for instance, legal databases which are pretty resourceful in terms of legislation and case - law of other Member States and other courts respectively.

The U.S. Supreme Court, in Goodyear Tire & Rubber Co. v. Haeger, No. 15 - 1406 (SCOTUS April 18, 2017), clarified the standard to be used by district judges in imposing «inherent power of the court to control judicial process» sanctions as far as setting an appropriate amount of sanctions, reversing a $ 2.7 million sanctions award in favor of plaintiff and against defendant Goodyear after a case was setCourt, in Goodyear Tire & Rubber Co. v. Haeger, No. 15 - 1406 (SCOTUS April 18, 2017), clarified the standard to be used by district judges in imposing «inherent power of the court to control judicial process» sanctions as far as setting an appropriate amount of sanctions, reversing a $ 2.7 million sanctions award in favor of plaintiff and against defendant Goodyear after a case was setcourt to control judicial process» sanctions as far as setting an appropriate amount of sanctions, reversing a $ 2.7 million sanctions award in favor of plaintiff and against defendant Goodyear after a case was settled.

The Court's attempt to articulate rules governing standard of review is like a baseball coach trying to develop a set of rules for players to use when deciding whether to swing, when the appropriate advice is both simple and incapable of more precise articulation: swing at a strike; don't swing at a ball (or, alternately, swing at a pitch you have the skill to hit, and leave the rest alone).

The Ontario Court of Appeal decision deals with admissibility of evidence in the criminal context; however, there are a variety of comments in the decision which reinforce for employers the desirability of instituting an appropriate terms of use policy.

The discount rate is the calculation of lifetime earnings through low risk investment that is used by courts when working out appropriate lump sum compensation payments for victims of life - changing injuries.

The court also concluded that a domain name could be an instrument of fraud, as the defendants registered the claimants» well - known domain names, with the purpose of appropriating the claimants» property and their goodwill, with an intention of threatening dishonest use by them or another.

This Restatement provision states that» [o] ne who appropriates the commercial value of a person's identity by using without consent the person's name, likeness, or other indicia of identity for purposes of trade is subject to liability...» Relying on the Restatement, the Missouri Supreme Court held in TCI, 110 S.W. 3d at 369, that «the elements of a right of publicity action include: (1) That defendant used plaintiff's name as a symbol of his identity (2) without consent (3) and with the intent to obtain a commercial advantage.»

The threat of contempt proceedings was more likely to motivate a person to give information frankly if the court was willing to give permission for the use of information obtained under a freezing order in any appropriate case, than if the court was prepared only to give permission to use that information in contempt proceedings in exceptional circumstances.

Only after we understand how the system works, can we make strategic decisions about legal risks, e-discovery options and obligations, and appropriate use of IoT data in court.

In terms of substantive issues, the Court needed to determine the appropriate implementation and use of the new war crime legislation, particularly how a trial judge must instruct himself or a jury on the correct legal requirements of such a charge in the context of criminal law principles.

And, rightly used, in terms of the appropriate case and appropriate timing, mediation saves a lot of money, court time, heartache, and effort.»

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The Court was unanimous that the appropriate standard of review to be used in this decision was one of reasonableness.

Justice Brown encouraged Judges to use the tools given to them, namely the Rules of Civil Procedure and the inherent jurisdiction of the court, to drill down and question whether certain summary judgment motions are appropriate, given the nature and progress of the particular lawsuit.

In considering the grant of an order permitting the local authority to use appropriate means to stop CA removing PS, the court had first to determine if it had the necessary jurisdiction, and then decide how and when this jurisdiction should be exercised.

While one should not use the criminal courts as a substitute for civil proceedings it may be wise, in appropriate circumstances, for one to consider criminal proceedings as a means of redressing ones loss through issuance of a restitution order.

«In the light of the consultation on Good Doctors, Safer Patients, the Family Justice Council and relevant government departments should work with the GMC to investigate all possible ways of dealing with complaints to the GMC about the evidence given by a doctor, so as to ensure that routes of appeal through the courts are used when they are appropriate.»

Appropriate use In considering whether the courts should use the power which they have now found to enforce mediation agreements they will, no doubt, bear in mind the desire to promote the wider use of mediation.

It does not permit the court to conduct that overall assessment of the benefits and disbenefits of land use which is appropriate to the decision of a planning authority...»