Sentences with phrase «arguments in this case raise»

Not exact matches

In any case, in whatever terms the argument is cast» that the trouble is the kids need some order and discipline, or need to raise their sights, or need to do something that matters, or are soft and spoiled» the notion of service is at bottom not something to be demanded from them but something to be done for theIn any case, in whatever terms the argument is cast» that the trouble is the kids need some order and discipline, or need to raise their sights, or need to do something that matters, or are soft and spoiled» the notion of service is at bottom not something to be demanded from them but something to be done for thein whatever terms the argument is cast» that the trouble is the kids need some order and discipline, or need to raise their sights, or need to do something that matters, or are soft and spoiled» the notion of service is at bottom not something to be demanded from them but something to be done for them.

Stevens supported his argument by citing Caperton v. A.T. Massey Coal Co., [39] where the Court held that $ 3 million in independent expenditures in a judicial race raised sufficient questions about a judge's impartiality to require the judge to recuse himself in a future case involving the spender.

Without indicating what action he might take in the Ivy case, Soares insisted he was working to prevent a defense attorney from raising a potentially disastrous legal argument against any district attorney who might bring charges in a case that falls into what Soares characterized as the executive order's ample ambiguities.

Virginia Rutledge, counsel for The Andy Warhol Foundation for the Visual Arts (which filed a friend of the court brief in the case), told A.i.A., «The outcome can't be predicted based on questions raised during oral argument, but the Court has before it very compelling arguments for Prince's transformative use of Cariou's imagery and the significance of the First Amendment speech interests at stake, and was openly dismissive of allegations of market harm.»

In case you missed it, their response to this recent editorial in the Wall Street Journal, once again, makes it clear that the arguments raised by climate contrarians have nothing to do with real science, and.In case you missed it, their response to this recent editorial in the Wall Street Journal, once again, makes it clear that the arguments raised by climate contrarians have nothing to do with real science, and.in the Wall Street Journal, once again, makes it clear that the arguments raised by climate contrarians have nothing to do with real science, and...

After arguments in the case, the Department of Homeland Security adopted a policy that treats forensic searches of digital devices as nonroutine border searches requiring reasonable suspicion of activity that violates the customs laws or in cases raising national security concerns, according to the opinion.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

While the judge endeavoured to distinguish the arguments previously raised in relation to fixed success fees, many such cases remain in the system, and it will be interesting to see whether any of those points are revisited on the back of this decision.

The case was unusual in that the Board and Federal Circuit relied on some of the same prior art that had been submitted to the examiner during the patent's original prosecution, although the examiner had not commented on some of this prior art, and was unaware of the arguments raised by SteadyMed.

But, the BC Supreme Court dismissed her case, in part because she had not raised her Charter argument at an earlier stage of the administrative process.

West Coast LEAF and the Community Legal Assistance Society (CLAS) were jointly granted leave to intervene in Denton v British Columbia, a case that addresses whether a claimant who was denied workers compensation benefits is barred from challenging that denial on equality grounds under the Charter because she did not raise the argument at an earlier stage of her case.

I did find the brief that the ACLU filed in September before the case was appealed, raising the same arguments.

This argument was not permitted by the court as it had not been raised in the case stated prepared by the district judge and no application had been made by the appellant to amend that document.

The situation in Tamminga was almost identical to Forsythe's case, and many of the same arguments were raised, including the connection between the plaintiff's insurance contract and the defendant tortfeasor.

In adversarial proceedings, the lawyer has a duty to the client to raise fearlessly every issue, advance every argument and ask every question, however distasteful, that the lawyer thinks will help the client's case and to endeavour to obtain for the client the benefit of every remedy and defence authorized by law.

I suggested that Sam might consider bringing actual client files with him to court, just in case a judge asked for a document, or maybe if his adversary raised an argument that he could destroy with a document in his possession, pulled with a flourish from his file and handed up with verve.

It also raises the possibility of complex factual argument as to whether an employee has «had the opportunity» to take annual leave — in any given case an employee might be said to be unfit to work but fit to go on holiday; or vice versa.

Another interesting part of this case is the argument that Andrews raised that the injuries Berrones suffered happened in a fall that occurred a year after the accident.

Although on the facts of the case, the Court concluded that the part - time income received from Sobeys did not rise to a sufficient level to make it a substitute for her work at PJ — M2R Restaurant Inc., it raised the possibility that such an argument could be made in the appropriate case.

Instead, based on the pleadings, it objectively gave the background of a court case, quoted a novel legal argument raised in one of the parties» pleadings, and explained the legal significance to all Ohio lawyers if the court accepts that argument.

The commentary on Ontario's Rule of Professional Conduct 4.01 (1) about a lawyer's responsibility as an advocate, says: «The lawyer has a duty to the client to raise fearlessly every issue, advance every argument, and ask every question, however distasteful, which the lawyer thinks will help the client's case...» Many lawyers believe fiercely that no holds are barred when representing someone, particularly in criminal matters and family law.

While the Court of Appeal clearly rejected the Appellant's submission that the Motion Judge's comments raised a reasonable apprehension of bias in this case (describing the argument as «baseless» at para. 7), the Court of Appeal did not wholeheartedly endorse the approach taken by the Motions Judge either:

And re the Board's role on appeal, the Board did not act improperly in arguing the merits of this case, nor did the arguments raised on appeal amount to impermissible «bootstrapping».

The only case that I recall, of hand, of an action being dismissed on an point not argued at all but appearing only in the judges reasons is the (ahem) classic Joly v Pelletier & Shoppers Drug Mart case in which the motion judge dismissed the action on a «standing» argument the moving defendants didn't raise.

Justice Rothstein was of the view that a tribunal raising arguments of these types does so in order to uphold the initial decision; it is not reopening the case and issuing a new or modified decision.

The point going beyond the particular facts was that raised by the workers» primary argument, namely whether there is any general principle that statutory holiday must be during «working time», a point potentially of significance elsewhere, for example in other cases of extended shift working or (an example featuring largely in the arguments) in the case of teachers or university lecturers who are required to take holidays out of term time, for obvious reasons.

As noted by Smith LJ, there is a «need for this issue to be authoritatively determined, after full argument, in a case in which it is properly raised» (at para 46).

The ruling in the high - profile «Heyday» case, last September, held the default retirement age to be lawful, although the judge, Mr Justice Blake, observed that there was a «compelling» argument for the age to be raised beyond 65.

Under de novo appeals, the facts are questioned, in which case it is possible to raise new (factual) arguments, almost as if the first proceeding had never taken place.

One of the principal arguments raised by the Attorney General (Canada) was that the plaintiffs» challenge was foreclosed by Rodriguez v. British Columbia (Attorney General), [1993] S.C.R. 519, a case involving similar facts and legal argument in which the Supreme Court of Canada upheld the validity of the impugned provisions.

In both cases the employer had raised the question of illegality, based on tax advantages and knowledge, but ultimately in the Court of Appeal these arguments faileIn both cases the employer had raised the question of illegality, based on tax advantages and knowledge, but ultimately in the Court of Appeal these arguments failein the Court of Appeal these arguments failed.

[Over the period in which this author monitored the 200 - 300 member listserve, the above stability argument was not raised by an MHP in any case that was going the other way, i.e. moving a young child who had been primarily in the mother's custody to joint custody or into father custody.

The argument here is that, although there is a case for sanctions, schools also have a critical role to play in preventing and reducing cyberbullying through a process of awareness - raising, the education of the emotions and active participation of children and young people themselves.

The high court rejected the argument because the California courts had considered all the issues raised in the case.