Even today, eye witness accounts of crime are very weak
arguments in a court of law.
Not exact matches
There are a number
of examples
in Canadian case
law where issuers were attempting to sell «utilities» or something similar to modern day tokens and coins, where the
court simply didn't buy the
argument.
«This is a huge win for religious liberty,» said Douglas Laycock, a University
of Virginia
Law School professor who represented the church at the Supreme
Court's oral
arguments in October.
A federal judge will hear
arguments Monday on a temporary restraining order against an Oklahoma referendum that would ban the use
of Islamic religious
law in state
courts.
In «Courting Cowardice,» published this week in the New York Times, Maureen Dowd attacks the natural law argument that since marriage is for procreation, homosexual couples are de facto incapable of being marrie
In «
Courting Cowardice,» published this week
in the New York Times, Maureen Dowd attacks the natural law argument that since marriage is for procreation, homosexual couples are de facto incapable of being marrie
in the New York Times, Maureen Dowd attacks the natural
law argument that since marriage is for procreation, homosexual couples are de facto incapable
of being married.
The reasons for accepting it do not form the kind
of deductive proof we require
in logic or pure mathematics, but they resemble the
arguments used
in a
court of law to establish innocence or culpability.
Your
arguments are absurd, immaterial to the issue, and if you were arguing this
in a
court of law, you would most assuredly be ruled against.
This week, the Supreme
Court will hear
arguments in two cases regarding the constitutionality
of laws prohibiting gay marriage.
This week, the Supreme
Court justices heard
arguments challenging the Defense
of Marriage Act (DOMA), signed into
law by Bill Clinton
in 1996.
And
in a
court of law I believe that would be a sufficient
argument to send him down.
In a celebrated case brought by a group of civil libertarians to the U.S. Supreme Court in 1942, Chief Justice Robert Jackson, against the strong argument of civil libertarians on the issues of «interrogation without the due process of law» and prolonged detention of suspects, gave his famous ruling that the United States «Constitution is not a suicide pact»
In a celebrated case brought by a group
of civil libertarians to the U.S. Supreme
Court in 1942, Chief Justice Robert Jackson, against the strong argument of civil libertarians on the issues of «interrogation without the due process of law» and prolonged detention of suspects, gave his famous ruling that the United States «Constitution is not a suicide pact»
in 1942, Chief Justice Robert Jackson, against the strong
argument of civil libertarians on the issues
of «interrogation without the due process
of law» and prolonged detention
of suspects, gave his famous ruling that the United States «Constitution is not a suicide pact».
Also at 1 p.m., the New York Civil Liberties Union presents oral
arguments in the Albany County Supreme
Court challenging the exclusion
of farmworkers from the state labor
law that protects employees who organize, Albany County Courthouse, 16 Eagle St., Albany.
The seven - member
Court of Appeals heard oral arguments yesterday in two cases where a midlevel appellate court unanimously concluded last year that state oil and gas law doesn't trump the authority of local governments to control land
Court of Appeals heard oral
arguments yesterday
in two cases where a midlevel appellate
court unanimously concluded last year that state oil and gas law doesn't trump the authority of local governments to control land
court unanimously concluded last year that state oil and gas
law doesn't trump the authority
of local governments to control land use.
Putland could improve his
argument, and thereby this answer could be improved, with reference to cases where the separation
of powers was established
in Australian
law (Arbitration
Court's case for example?)
On January 10, a U.S. District
Court held oral
arguments in Green Party
of Tennessee et al v Goins, a lawsuit
in which the Green and Constitution Parties challenge the Tennessee ballot access
law for new and previously unqualified parties.
The 80 minutes
of occasionally spirited
argument at the high
court this morning focused on the two main issues
in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the
court is the right venue for resolving this dispute), and that the common
law definition
of nuisance can support suits over greenhouse gases.
Judge Denise Casper didn't accept that
argument, but she also didn't prevent them from returning to
court with their allegations later, says Paul Rothstein, a professor
of torts, evidence, and civil litigation at Georgetown University
Law Center
in Washington, D.C. «The
court is plainly telling these people to raise all their
arguments in the administrative proceeding that is still ongoing,» he says.
Ivins's death late last month, ruled a suicide, means those
arguments will not now be examined
in a
court of law.
But she's especially looking forward to a publication forthcoming later this year
in the Yale Journal
of Law & Feminism titled «Telling Stories
in the Supreme
Court: Voices Briefs and the Role
of Democracy
in Constitutional Deliberation,» which will analyze a new, controversial form
of appellate narrative
argument: briefs that share stories
of individuals not parties to the case at hand.
All Rise (Unrated) Legal
argument documentary following the fortunes
of seven
law students from seven different countries (Palestine, Israel, Uganda, Jamaica, Russia, India and Singapore) as they compete
in the world's largest moot
court competition staged
in Washington, DC.
A legal - reform advocacy group that contends numerous
laws,
court rulings, and regulations hamper schools
in their job
of educating students has launched a Web site to help dramatize its
arguments.
Strong chapters on school desegregation, bilingual education, education for the disabled, and school finance all support Davies's
argument that «
in the 1970s, reform often emanated from... within the federal bureaucracy, from the lower federal
courts, and through the energetic efforts
of congressional staffers, lobbyists, and public interest
law firms.»
Addressing the plaintiff's
argument from First - Amendment rights, the
Court held
in contrast that the federal non-discrimination
laws «do... not violate constitutionally protected rights
of free association and privacy, or a parent's right to direct the education
of his children.»
Includes full details
of both cases
arguments made final judgements
in court and what this means for the
law.
On Wednesday, the Star Tribune's Beena Raghavendran reported that the Minnesota
Court of Appeals heard oral
arguments for a lawsuit
in which a group
of parents are challenging the constitutionality
of Minnesota's teacher tenure, dismissal, and «last
in, first out»
laws.
Students from Paddock View Residential Center watch the live feed outside the Indiana Supreme
Court during oral
arguments in a challenge
of the state's voucher
law.
The State Supreme
Court heard oral
arguments Wednesday morning
in a challenge
of the state's voucher
law.
According to the Sue Oliver
of Kirkland & Ellis — the
law firm representing McKinley Parents for Change
in court, pro bono — the board's only concrete
argument was that one parent's paperwork wasn't stapled together correctly, and that another's numbers weren't
in the right order.
Yet
in November 2009, the Supreme
Court ruled
in a shock judgment, that followed strong
arguments from the banks expensive barristers, that due to a narrow technical decision bank charges didn't NEED to be fair — well at least on the main piece
of law that was tried.
University
of Connecticut
law professor Jessica Rubin, left, and
law student Taylor Hansen prepare to present
arguments as animal advocates
in a dog fighting case on May 30, 2017,
in Superior
Court in Hartford, Conn..
Last week's decision by Judge Ernest A. Goldsmith
of state superior
court in San Francisco offers a second look at some
of the
arguments being made against A.B. 32, the state climate - change
law passed
in Sacramento
in 2006.
The immediate threat
in the United States is that dirty energy lobbyists will effectively use hypothetical
arguments of WTO or NAFTA illegality to chill congressional action and provide cover for U.S. legislators who are indebted to Big Oil, Big Coal and the LNG lobby for campaign contributions, even though international trade
law is not incorporated into U.S. domestic
law and violations can not be enforced
in U.S. domestic
courts.
«We know that we have the stronger legal
arguments in this case and that California
courts have interpreted state
law correctly, including within the parameters
of takings analysis,» says Angela Howe, Legal Director for the Surfrider Foundation.
By enshrining
in law the anti-GMO
arguments of environmentalists about Bt eggplant, and rejecting science and reason
in the process, the Phillipine
Court of Appeals has placed
in real jeopardy one
of the most important potential advances
in agriculture and human health since the Green Revolution
of the 1960s and 70s.
If one takes the perspective
of counsel representing an investor
in an imagined intra-EU arbitration not (directly) related to EU
law, one plausible
argument is that since the arbitration stems from a purely domestic measure, the autonomy concerns
of the
Court are entirely immaterial to the dispute at hand.
As far as the
Court of Appeal was concerned, however, the fl aw
in this
argument lay
in the fact that there was no existing common
law duty at the time that FIA 2000 was passed.
The
Court's contention that EU
law provides for a complete system
of remedies, or at least remedies «sufficient to ensure effective judicial protection for individual parties
in the fields covered by EU
law» (Case C - 64 / 16, para. 34) has to be understood as a formalistic conception
in the sense that BITs clearly provide more complete and effective remedies to investors than EU
law or domestic
law — and this understanding has been at the heart
of the reasoning
of arbitral tribunals
in cases where they have rejected the
argument that intra-EU BITs are incompatible with EU
law.
The
Court also —
in a bit
of a formalistic reasoning — rejected the
argument that the supposedly criminal
law nature
of these articles fell outside the scope
of article 207 TFEU because «that
argument does not explain why Article 114 TFEU would be the correct legal basis
in the circumstances» (para. 72).
While most
of the curriculum at Harvard during this time consisted
of lecture and student recitation, skills development was also provided
in the form
of weekly moot
courts, during which students argued questions
of law before professors and submitted occasional written disputations on legal subjects.121 Although Stearns had previously used moot
courts in his teaching at Harvard, Story and Ashmun refined them.122 Cases were handed out the week before
argument, and two counsel were assigned to each side.123 The cases would then be argued the next Friday, with the other students taking notes
of the
argument; the professor
in charge that week would issue a written opinion.124
18 Unlike the extracurricular interscholastic competitions that bear the same name today, the moot
courts of this period were mandatory exercises in the law school curriculum, modeled after the «moots» of the Inns of Courts in England.19 The law school professors of the day gave the students a fictitious case and assisted the students in drafting the pleadings and other documents, preparing the arguments, and then arguing the case.20 In theory, if not always in practice, these were the forerunners of today's legal writing classes that emphasize persuasive wr
courts of this period were mandatory exercises
in the law school curriculum, modeled after the «moots» of the Inns of Courts in England.19 The law school professors of the day gave the students a fictitious case and assisted the students in drafting the pleadings and other documents, preparing the arguments, and then arguing the case.20 In theory, if not always in practice, these were the forerunners of today's legal writing classes that emphasize persuasive writin
in the
law school curriculum, modeled after the «moots»
of the Inns
of Courts in England.19 The law school professors of the day gave the students a fictitious case and assisted the students in drafting the pleadings and other documents, preparing the arguments, and then arguing the case.20 In theory, if not always in practice, these were the forerunners of today's legal writing classes that emphasize persuasive wr
Courts in England.19 The law school professors of the day gave the students a fictitious case and assisted the students in drafting the pleadings and other documents, preparing the arguments, and then arguing the case.20 In theory, if not always in practice, these were the forerunners of today's legal writing classes that emphasize persuasive writin
in England.19 The
law school professors
of the day gave the students a fictitious case and assisted the students
in drafting the pleadings and other documents, preparing the arguments, and then arguing the case.20 In theory, if not always in practice, these were the forerunners of today's legal writing classes that emphasize persuasive writin
in drafting the pleadings and other documents, preparing the
arguments, and then arguing the case.20
In theory, if not always in practice, these were the forerunners of today's legal writing classes that emphasize persuasive writin
In theory, if not always
in practice, these were the forerunners of today's legal writing classes that emphasize persuasive writin
in practice, these were the forerunners
of today's legal writing classes that emphasize persuasive writing.
It revolves around a simulated
court proceeding, in which teams representing both sides of the argument prepare written pleadings with respect to a fictional problem of international human rights law and policy, and present their arguments in an oral argument before the International Court of Jus
court proceeding,
in which teams representing both sides
of the
argument prepare written pleadings with respect to a fictional problem
of international human rights
law and policy, and present their
arguments in an oral
argument before the International
Court of Jus
Court of Justice.
«The executive is bound to comply with the rule
of law that prevails
in this jurisdiction,» Justice John Paul Stevens, writing for the 5 - to - 3 majority, said at the end
of a 73 - page opinion that
in sober tones shredded each
of the administration's
arguments, including the assertion that Congress had stripped the
court of jurisdiction to decide the case.
Nevertheless, the
arguments are frequently crunched through, probably because
of an important Illinois Supreme
Court ruling from 1990 which is still good
law, Rollins v. Ellwood, involving claims brought against a Baltimore police officer, among others, sounding
in intentional tort for his role
in the apprehension
of a misidentified criminal defendant and Illinois resident
in Illinois, for which the
Court found the officer was not subject to Illinois jurisdiction.
«We worked over the fall semester learning the intricacies
of the
law in order to develop the
arguments to address the three main issues
of the case,» said Paula Arias, Director
of the International Moot
Court Program and team coach.
Second is today's oral
argument before the U.S. Supreme
Court in the case
of Kiobel v. Royal Dutch Petroleum, which «concerns the torture
of Ogoni leaders
in Nigeria, but at stake is the future
of the
law under which this case was brought, the Alien Tort Statute.»
* One
of the major roles
of an Anchorage criminal defense attorney is to present
arguments and proofs
in the
court of law to defend his / her client against criminal accusations.
Future lawyers got a courtroom seat right
in their own
law school Wednesday as the 3rd District
Court of Appeals heard
arguments in two cases at Ohio Northern University.
The
Court's
argument (at para 114) that «no one would have been
in charge»
of the forests unless the BC government intended the words «vested
in the Crown» to apply to lands with pending claims
of aboriginal title is further evidence
of the
Court's lack
of acknowledgment
of the possibility
of indigenous
laws.
These were to address one or more
of eight issues seen as important to
courts: form - filling — making
court documents more accessible to litigants
in person; order drafting — creating orders that are more likely to be accepted by
courts; continuous online hearing — challenging the question
of whether a
court is a place or a service;
argument - building — to aid non-lawyers
in creating well - structured
arguments, distinguishing fact from
law; outcome prediction — using technology to answer the natural question «what are my chances
of winning?»
For example, a casual perusal
of the online legal research service Westlaw reveals that «mumbo jumbo» appears at least 251 times
in judicial opinions.8 «Jibber - jabber» shows up just seven times (although surprisingly used by parties, rather than
in statements from the
court), while the more prosaic «gobbledygook» has 126 hits
in the legal database.9 Believed to have been coined
in 1944 by U.S. Rep. Maury Maverick
of Texas, «gobbledygook» has been used by everyone from political figures referring to bureaucratic doublespeak (for example, President Ronald Reagan's stinging 1985 indictment
of tax
law revisions as «cluttered with gobbledygook and loopholes designed for those with the power and influence to have high - priced legal and tax advisers») to judges decrying the indecipherable
arguments and pleadings
of the lawyers practicing before them.