Sentences with phrase «at judicial notice»

You could also try a hand at judicial notice, but generally as I understand this requires consent from both parties with some exceptions.

Not exact matches

At the time some commentators criticized him for doing so, arguing that he should simply have taken judicial notice of the historical reality of the Holocaust.

[127] Professor Piché in her text Fairness in Class Action Settlements, supra at pp. 179 - 80 summarizes the various factors for the settlement approval test into seven factors; i.e.: (1) judicial risk analysis: likelihood of recovery, or likelihood of success on the merits weighed against amount and form of settlement relief; (2) future expense, complexity and likely duration of litigation; (3) class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed settlement to absent class members.

Is there a point at which the reliability of the machines may be a matter of judicial notice?

«A judge may only rely upon the evidence presented at trial, except where judicial notice may be taken,» stated Justice Mary Saunders.

While I might have been prepared to consider taking judicial notice of the exceptional rarity of commercial bulk transport of chemicals by oxcart or horse, at least in the City of St. Catharines, the admission by the applicants that motor vehicles are used by Aquatech in the delivery of pool chemicals avoids that issue and strikes me as just the sort of non-controversial matter that the Court of Appeal... was referring to.

CBA membership passed a resolution at the organization's AGM last week that will add to an existing judicial protocol adopted in 2011, which addressed settlement approvals and issuance of notices.

Judicial Notice — The Law Club's Fabulous Band on You TubeOn February 29th, 2012 at Moye White we again held the Law Club's Leap Day «Judges of the Law Club» Celebration.

As such, it can take judicial notice of other proceedings in courts which «directly relate to matters at issue.»

Here's an issue: Rule 60E (6) of the Rules of Court (Rule 7 - 1 (8) of the Family Rules which come into effect in a few days) dictates that a Requisition and Notice of Judicial Case Conference and a copy of Parts 1, 2, 3, and 4 of a Form 89 (soon to be F8) Financial Statement must be served on a party at least 30 days before the date set for the JCC.

Best summed up in these words by G. D. Nokes in «The Limits of Judicial Notice» (1958), 74 L.Q.R. 59 at pg.

L. Rev. 269 (1944), at page 286: «The party seeking judicial notice has the burden of convincing the judge that (a) the matter is so notorious as not to be the subject of dispute among reasonable men or (b) the matter is capable of immediate accurate demonstration by resort to readily accessible sources of indisputable accuracy.»

The receiving party may disclose Confidential Information to the extent required pursuant to judicial order or other compulsion of law; provided that the receiving party shall provide prompt notice of such requirement to the disclosing party (to the extent legally permitted) and shall comply, at the disclosing party's expense, with any protective order imposed on such disclosure; provided further that the disclosing party shall reimburse the receiving party for the reasonable cost of compiling and providing secure access to such Confidential Information if such disclosure is required as part of a legal proceeding that involves the disclosing party.

A little - noticed document filed by the Presidency on March 16 provides at least part of the explanation: because of the recent judicial elections, the Presidency has dissolved the PTC that was handling the Afghanistan situation (PTC III) and reassigned the situation to a newly - constituted PTC (PTC II).

Article 23 states that member states «shall provide appropriate judicial protection to prevent or to put a stop to an unlawful infringement of the rights and principles set forth in this convention at short notice».

On the issue of judicial notice versus judicial knowledge, one may refer to the comments of Lamer J. (as he then was) in R. v. Sioui, [1990] 1 S.C.R. 1025 at p. 1050:

and the person aggrieved or the Chief Electoral Officer or any elector applies under the Judicial Review Procedure Act for an order commanding the returning officer to perform the duty that is shown to have been not performed, the notice of application shall be served upon the returning officer and upon the persons who were candidates at the election.

At China's Arbitration Summit in late September, Liu Guixiang, Chief Judge of the # 1 Circuit Court, called attention to a notice that the Supreme People's Court (SPC) issued earlier this year to strengthen judicial review of arbitration.

What a careful observer notices from monitoring SPC media is that those involved with reform of discrete areas of Chinese legislation and judicial practice continue (in the pre / post 19th Party Congress era) to look at US federal / state law (and other foreign law) structures and practices, including: use of mediation in federal appeals cases; bankruptcy practice; reform of Chinese nuclear safety legislation to broaden the scope of information released to the public, that is in specific areas that do not involve basic principles of the Chinese courts.

At what point does judicial notice itself become a form of activism?

At first blush, the doctrine of judicial notice is simple: courts will not require proof of facts that reasonable people consider to be indisputable or which «everybody knows.»

[Note: just prior to posting I noticed a potpourri of largely American examples of judicial humor on Strange Judicial Opinions at lawhajudicial humor on Strange Judicial Opinions at lawhaJudicial Opinions at lawhaha.com.]

A signed statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the Site may be found; and that you will accept service of process from the person (or agent of that person) who provided the Site with the DMCA Notice at issue.