Sentences with phrase «arguments on appeal»

(2) If there are other parties available to oppose an appeal or review, and those parties have the necessary knowledge and expertise to fully make and respond to arguments on appeal or review, tribunal standing may be less important in ensuring just outcomes.

On December 6, 2016, the Supreme Court of Canada heard arguments on the appeal of an order of the British Columbia Court of Appeal which ordered Google to de-list certain websites from being accessible from any of its country - specific search engine domains.

The ONCA noted that the appellant mother's arguments on appeal focussed on the reasons for the current state of affairs, rather than on her son's current best interests.

In this high conflict case, the appellant mother made extensive arguments on appeal, submitting:

One of the Bek arguments on appeal was that the district court was wrong for admitting patient medical information and records because they were protected by both a doctor - patient privilege and a privacy interest created under HIPAA.

(One sentence in the opinion hints that the victim's arguments on appeal would have been stronger if he was willing to consider partial disclosure of the PSR.)

The plaintiff's other arguments on appeal were also rejected by the state supreme court, and they will be unable to recover compensation for the injuries suffered in the fall.

A seven - man bench led by the Chief Justice of Nigeria, Justice Mahmud Mohammed, had on December 4, 2015, fixed Friday for judgment after entertaining arguments on an appeal by Saraki, with the Federal Government urging the apex court to dismiss the Senate President's case and allow the trial before the CCT to continue.

A lower court judge rejected Brunker's claims, finding that Brass and Donaldson acted ethically, but the state is persisting in pressing its argument on appeal.

Handled briefing and argument on appeal to district court and was able to obtain a more favorable ruling regarding wages due for an employer on remand to the Oklahoma Department of Labor.

The family court's suggestion that Mother should be «accommodating» to Father led to Mother's argument on appeal that the family court was biased against her.

In cases where the argument on appeal is simply a challenge to the duration of imprisonment, we have consistently held that the sentencing statutes define the outer boundaries of the bell - shaped curve of reasonableness.

Since the defendant failed to object at the time but instead answered the plaintiff's petition, the defendant waived the right to make the argument on appeal.

The Court referenced authorities indicating how difficult it is to make the «different standards of scrutiny» argument on appeal, as credibility attracts high level of deference and appellate courts are rather skeptical of such arguments.

The respondent attempted to make this same argument on appeal.

Given the conclusion that the motion judge erred in her duty of care analysis, it was unnecessary to consider this argument on appeal.

Not exact matches

Still, experts said those comments were likely to hurt the government's case in the Ninth Circuit Court of Appeals, which heard arguments on Tuesday night over whether the TRO should be upheld while the order's legality is established.

A federal appeals court is set to hear arguments over President Donald Trump's temporary travel ban on people entering the U.S. from six Muslim - majority countries.

Interestingly, that argument appeals to people on both sides of the political fence.

«The government has not met its burden of showing likelihood of success on appeal on its arguments with respect to the due process claim,» the judges wrote.

A majority of the judges on a federal appeals court seemed skeptical of the government's defense for President Donald Trump's executive order restricting travel, during courtroom arguments Monday.

Judges at the 9th US Circuit Court of Appeals, in San Francisco, will hear arguments from both parties on Tuesday.

Federal appeals courts in the states of Washington and Virginia are set to hear arguments this week on the legality of President Donald Trump's most recent travel ban, which sharply limits visitors and immigrants from eight countries, six of them Muslim - majority.

Stating that vision boldly and selling your product based on emotional appeal, not rational argument can give you an advantage.

NEW YORK, April 16 - A lawyer for victims of terrorist attacks in Israel on Monday urged a federal appeals court to revive their lawsuit against Facebook Inc, saying Mark Zuckerberg's congressional testimony undermined the social media company's argument that it bore no responsibility for content on its platforms.

A federal appeals court is set to hear arguments on Monday over President Donald Trump's temporary travel ban on people entering the United States from six Muslim - majority countries, the second such court to review Trump's directive over the past week.

A federal appeals court is set to hear arguments on Monday over President Donald Trump's temporary travel ban on people entering the United States from six Muslim - majority countries.

A federal appeals court signed off on the U.S. Interior Department's decision to take land into trust for a proposed Native American casino, rejecting arguments that the tribe's promises to mitigate environmental effects are «illusory» because as a sovereign Native American nation, it can not be sued to enforce them.

The Court of Appeal for Ontario has rejected an argument that a man convicted of three counts of sexual assault should not have to comply with sex offender registration for his entire lifetime, based on constitutional grounds.

As appealing as this argument may appear, it founders on the fundamental principle of Christian Messianism.

Although at times Hartshorne has spoken as though his account of experience rested on some intuition of its essence as exhibited in his own experience, 2 his predominant view and his philosophical practice advance a concept of experience that is generated by dialectical argument rather than by appeal to direct introspection or intuition: «The philosopher, as Whitehead says, is the «critic of abstractions.»

Her attorney, Saif ul Malook, based the appeal on the argument that the person who brought the case against Bibi, a local cleric, should not have been allowed to do so since he didn't hear the blasphemy first - hand.

Appeal to authority on questions such as birth control, divorce and women priests «did not satisfy an educated people who wanted to be convinced with arguments».

Once again they can only explain away by appeal to another principle of order: for example, the neo-Darwinian argument that life on earth only seems to be teleological «because of environmental and molecular constraints on the direction of change» (from the online Wikipedia entry for «orthogenesis»).

On January 20, a federal appeals court heard arguments in the highly publicized case of Kimberly Jean «Kim» Davis, county clerk of Rowan County (population 23,000) in mountainous northeastern Kentucky.

Lindbeck's «experiential - expressivist» model does a reasonably good job of accounting for the romantic and mystical streams of liberal theology, but it does not account for variants of liberal theology that make gospel - centered claims (such as the tradition of evangelical» liberalism), that base their affirmations on metaphysical arguments (such as the Whiteheadian process school) or that appeal to gospel norms and metaphysical arguments (such as the Boston personalist school).

Any argument that ultimately rests on appeals to feeling, emotion, or faith is not a natural - law argument.

Capital punishment's lack of demonstrated superiority as a deterrent (the evidence for its effectiveness being at best mixed), the capacity of society to protect itself equally well by permanently imprisoning those who are currently being executed (which is possible at limited marginal cost, especially when one takes into account the cost of the extended trial procedures and interminable appeals and reviews which usually accompany capital punishment)-- all these points are important, but their utility is chiefly as rebuttal arguments in response to the empirically weak but emotionally strong claims made on behalf of capital punishment.

Admittedly the appeal to divine revelation can no longer be made with the sure confidence that was once associated with it, for on too many occasions it has proved a faulty argument.

But by the time Brandeis memorialized his arguments in his famous dissent in Olmstead v. United States, the first wiretap case, the focus on factual circumstances has disappeared, replaced by a broader appeal to constitutional «values»:

We have now looked at the arguments for «bodily resurrection» based on appeal to the Gospel narratives and have shown that while they certainly support this view of resurrection, some to a lesser, some to a greater degree, the historicity of the narratives is seriously open to question.

The second argument turned on the fact that the New Testament itself; and more especially Luke, appeals to the testimony of «eyewitnesses and ministers of the word» (Luke 1.2).

Three Court of Appeal judges on Monday dismissed a challenge to Mr Justice Hayden's decision after analysing argument at a hearing in London.

«Historically, opinion on the appeal to authority has been divided — it has been held to be a valid argument about as often as it has been considered an outright fallacy.»

Three members of the 5th U.S. Circuit Court of Appeals will hear arguments on Thursday (June 7) in the case of the monks of St. Joseph Abbey versus Louisiana funeral homes.

Recognizing that I will not agree with his parity claim, Hasker closes his argument by commenting on my discussion about the need for a theodicy to have psychological appeal, seeking to turn this discussion to his favor by pointing out that traditional theism has been accepted by more people than has process theism.

Their appeals to «natural law» were appeals to the divinity of any argument reflected in the world based on the principle that what is «natural» in a divinely created world would reflect the values of the Creator.

@Truth, your soul argument is based on: argumentum ad populum (appeal to the majority).

It's one thing to offer an argument that should only convince those who are already on your side but is a little deceptive because it makes an emotional appeal that isn't really all that rational on pro-life premises.

Classically, paideia focused study on texts and, while it cultivated capacities to test the cogency of arguments critically, it was uncritical of received or traditional authorities to which arguments might appeal.