Sentences with phrase «argument in the court below»

Mr. Sampley's cross-appeal related to the allegedly onerous financial conditions related to the child's return, in the absence of pleadings or argument in the court below with respect to same.

Not exact matches

Yet, as the disagreement in the courts below and the arguments before us make clear, the jurisprudential framework and the governing principles involved are far from clear.

On Final Appeal In front of the Supreme Court of South Carolina, the plaintiff made essentially the same arguments as below and convinced the court that the trial judge was proper in increasing the amount of the damages awarIn front of the Supreme Court of South Carolina, the plaintiff made essentially the same arguments as below and convinced the court that the trial judge was proper in increasing the amount of the damages aCourt of South Carolina, the plaintiff made essentially the same arguments as below and convinced the court that the trial judge was proper in increasing the amount of the damages acourt that the trial judge was proper in increasing the amount of the damages awarin increasing the amount of the damages award.

Lord Justice Wilson rejected these arguments: the judge «was bound to interfere» with the order below; and the way in which he did so «could not reasonably be challenged in [the Court of Appeal]».

While many arguments were raised in the courts below, Justice Brown focused the issue on what happens where a support payor dies with a life insurance policy who was required by court order to name a spousal or child support recipient as the irrevocable beneficiary of the policy.

In view of this deficit, Clarke LJ heard arguments as to whether non-party costs orders should be made against the funders pursuant to Section 51 (3) of the Senior Courts Act 1981, and concluded that they should all be jointly and severally liable to pay the defendants» costs on the indemnity basis (subject to the «Arkin cap» as further discussed below).

This argument, as applied to the case in the court below, by a learned judge, assumes the whole matter in dispute, and need not, therefore, be further pursued; but I would merely ask, whether any case can be found, to which this doctrine has been applied in justification, in which the consequential injury has been not partial and incidential, but total.

The main argument was that if the Courts below have such a power, then the Supreme Court much have a like power on appeal — even though not expressly stated in section 40 (2) of the Constitutional Reform Act 2005.

(where they are necessary for understanding the legal issues and the argument) the relevant documents filed in the courts below;

In proceedings below, counsel for the U.S. government has advanced various arguments for why military commissions have jurisdiction to try conspiracy — a domestic offense — even though the Supreme Court has made clear in prior decisions that the jurisdiction of military commissions is limited to the adjudication of violations of the law of waIn proceedings below, counsel for the U.S. government has advanced various arguments for why military commissions have jurisdiction to try conspiracy — a domestic offense — even though the Supreme Court has made clear in prior decisions that the jurisdiction of military commissions is limited to the adjudication of violations of the law of wain prior decisions that the jurisdiction of military commissions is limited to the adjudication of violations of the law of war.

As demonstrated in the High Court's decision in Yanner v Eaton in relation to non-exclusive governmental rights of control over fauna [101], in the acceptance by the majority in the Full Court below of non-exclusive governmental rights over water, and in the approach of Justices Lee and North, there is room for argument about the non-exclusive vesting of minerals and petroleum in the Crown pursuant to s 3 of the Constitution Act (WA), s 117 of the Mining Act 1904 (WA), s 9 of the Petroleum Act 1936 (WA) and s 3 of the Minerals Acquisition Ordinance 1953 (NT).