Sentences with phrase «body of court cases»

Not exact matches

Obviously, in each case the Court deferred to the decisions of democratically elected legislative bodies.
In the federal employment anti-discrimination laws, a specific exception exists for religious bodies that discriminate on the basis of religion, and a couple of years ago, in the Hosanna - Tabor case, the Supreme Court held that the Constitution allows religious bodies to discriminate with respect to the employment of ministers.
Judge Edwin Berman appointed Don Massaro, executive director of the Catholic Cemeteries, to make sure the bodies were buried in compliance with a court order that Berman issued Wednesday in a case brought by the Chicago Rabbinical Council.
Its scope is relatively narrow — the court can not strike down a law or tell the public body what the outcome of a case should have been.
«There is that banner headline «Dogara sues Oyegun», but when you go to the main body of the story, you will discover that a case has been filed before the Abuja Federal High Court but the Chief Judge of the High Court has not even assigned that case to a judge.
The mischief embarked upon by the New Patriotic Party (NPP) to discredit the Electoral Commission (EC), has backfired in the party's stronghold of Ashanti Region, with many people disenfranchised from voting in the 2016 Presidential and Parliamentary elections by the Supreme Court decision in the Abu Ramadan and Evans Nimako case, against the electoral body.
«Though the case is now before an appellate court, the body language of our President is equally important in ensuring the preservation of our democratic tenets.
The statement read in part, «The National Judicial Council's committee on the monitoring of alleged corruption cases in court has resolved to actively engage prosecutorial bodies like the Economic and Financial Crimes Commission and the Independent Corrupt Practices and other related offences Commission in furtherance of its mandate.
The Electoral Commission Chairperson, Charlotte Osei, has defended the decision of the election management body to accept the filing fee of the Progressive People's Party (PPP), saying the Commission accepted the filing fee because they assumed the party was no longer interested pursuing the case in court.
The National Judicial Council (NJC) Committee on the monitoring of alleged corruption cases in Court has resolved to actively engage prosecutorial bodies like the...
AERA and nine other academic and scientific societies, including AAAS, filed an amicus curie (or «friend of the court») brief in October urging the court to consider the body of scientific evidence relevant to the Fisher case.
The bill embodies some sweeping generalisations, such as a guarantee to preserve the dignity of the human body, which are meant to guide courts considering cases that might arise from the use of medical technology.
For its part, Pakatan Rakyat has brought a case against the Elections Commission before the High Court which is currently under review, accusing the elections body of gross incompetence, however international opinion has long since accepted the results and moved on, with both the United States and China accepting the result immediately following the poll in early May.
In San Antonio Independent School District v. Rodriguez, a Supreme Court case on equity of school finance, Justice Lewis F. Powell in 1973 cited the lack of judicially manageable standards as a reason for leaving the issue to elected bodies.
Through an analysis of the latest body of cases, this paper shows that separation of powers concerns have begun to drive state courts out of this important avenue of education reform.
We have an unusually large number of new commissions, bodies and court cases created to provide solutions to these fundamental education issues, and we ask that our education leaders tasked with steering the governance of our public schools to please do it well — and together.
It shall be a routine use of records in this system to disclose them in proceedings before any court or adjudicative or administrative body before which DOT or any agency thereof, appears, when (a) DOT, or any agency thereof, or (b) Any employee of DOT or any agency thereof (including a member of the Coast Guard) in his / her official capacity, or (c) Any employee of DOT or any agency thereof (including a member of the Coast Guard) in his / her individual capacity where DOT has agreed to represent the employee, or (d) The United States or any agency thereof, where DOT determines that the proceeding is likely to affect the United States, is a party to the proceeding or has an interest in such proceeding, and DOT determines that use of such records is relevant and necessary in the proceeding, provided, however, that in each case, DOT determines that disclosure of the records in the proceeding is a use of the information contained in the records that is compatible with the purpose for which the records were collected.
The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.
At the core of the case was the legal principal that tribal courts have civil jurisdiction over non-Indian conduct arising from consensual relations on Indian reservations, weaving through overriding sovereignties across territories and bodies, and, critically, Indigenous sovereignty.
PARENTEAU: It's testing these theories which are very similar against a body of state law, in different states as you just mentioned, and so it's probing, it's trying to find a breakthrough case where you can find a state supreme court willing to make a really bold decision finding not only a right to a healthy environment, or a safe climate, stable climate, but also finding a duty on the part of the government to take real tangible action to address that.
But a ruling by a body such as the International Court of Justice (ICJ) would carry much more weight with public opinion and help pave the way for future legal cases on climate change, he said.
Since the bill attempts to tear down a ruling based on the findings of our nation's top public health experts and scientists — a ruling that a Supreme Court decision turned into a legal obligation to uphold — we're witnessing a case wherein Congressional politicians are actually arguing that they know better than the conclusions of an entire body of science.
A coalition of environmental organizations took their case to the High Court of Justice, arguing that the public and government bodies should be given at least 90 days to submit comments on the new law (the same amount of time the new law gives the planning system to discuss and approve large construction projects).
After restating Becker's rationale, the court set out its conclusions thus: «[18] On the basis of those considerations, the Court has held in a series of cases that unconditional and sufficiently precise provisions of a directive could be relied on against organizations or bodies which were subject to the authority or control of the State or had special powers beyond those which result from the normal rules applicable to relations between individuals.&rcourt set out its conclusions thus: «[18] On the basis of those considerations, the Court has held in a series of cases that unconditional and sufficiently precise provisions of a directive could be relied on against organizations or bodies which were subject to the authority or control of the State or had special powers beyond those which result from the normal rules applicable to relations between individuals.&rCourt has held in a series of cases that unconditional and sufficiently precise provisions of a directive could be relied on against organizations or bodies which were subject to the authority or control of the State or had special powers beyond those which result from the normal rules applicable to relations between individuals.»
Even Google Scholar — which is completely free — lets you keyword search a large body of federal and state reported cases and filter results by court.
On the other hand, if one is an august body of last resort ignoring its own recent precedents (for example, the Supreme Court of Canada — this has been known to happen (g)-RRB- one apparently gets to claim that it's not necessary to refer to the prior cases because the principles one is about to outline «emerge» from the cases.
To be fair, some of the cases reviewed and cited by the court did manage to conclude that body parts can constitute weapons.
The public interest, and the interests of others who wish to uphold the legality of the action of the public body, comes into play when the court looks at the strength of the case needed to support an application for interim relief.
Those conditions had been specifically laid down in Tele2 Sverige and consist of subjecting the use of data to a prior review — except for cases of urgency — by a court or an independent administrative body, to which the competent authority submit a «reasoned request» (para 202).
The Court of Appeal recognized that the issue was not decided by an earlier case — Trinity Western University v. British Columbia College of Teachers, 2001 SCC 31 — a case where a regulatory body refused to accredit TWU on the basis that the covenant might affect the ability of TWU graduates to teach in public schools in a non-discriminatory matter.
We will have to wait for lower court decisions to interpret this case and develop a body of jurisprudence setting out the paramaters of and quantum of Keays damages.
Although each state defines UPL differently, the practice of law is generally recognized to include: (1) accepting cases from a client; (2) setting fees; (3) rendering legal advice; (4) signing legal documents; and (5) appearing in a representative capacity before a court or other adjudicatory body.
By James Cooper www.selfreplawyer.ca In the decade since the Canadian Judicial Council published its Statement of Principles on Self - Represented Litigants and Accused Persons, there has been a developing body of case law across Ontario that recognizes the obligation of trial judges to sensitize themselves to the unique needs of litigants who represent themselves at court.
I suspect that the real heavy lifting in enhancing access to justice is a matter of procedural reform — specialized decision - making bodies with extremely simplified procedural rules for specific civil law issues (something that actually already exists in certain areas such as Landlord / Tenant, but could be further improved upon), wider permissions for over-the-counter motions, fewer unnecessary court appearances, fewer procedurally - mandated appearances (e.g., going from a Case Conference to a Settlement Conference to a Trial Management Conference, and possibly further, before you can get to a family law trial), and so on.
«While this court must take and does take the issue of abuse of a child very seriously,» the footnote said, «the fact that a trial judge tells parents that unless one of them «cops to an admission of what happened to the child» they are going to lose their child, flies in the face of not only the CPSL, but of the entire body of case law with regard to best interests of the child and family reunification.
FLA is a professional association of lawyers, tax and labour consultants, characterised by the competence to offer assistance and consultancy, both extrajudicial and in court, in criminal, civil, administrative, tax and labour cases, to Italian and foreign companies, and public bodies.
In Sumukan v Commonwealth Secretariat [2007] EWCA Civ 243, [2007] All ER (D) 341 (Mar) the Court of Appeal held that it was sufficient for the contract to expressly include an arbitration clause which in turn referred to the statute and rules of the relevant arbitral tribunal — in this case the Commonweath Secretariat Arbitral Tribunal (CSAT), which was a body created and constituted by the defendant.
Restricting the power of the court to grant a remedy in cases where it is satisfied that a public body has acted unlawfully;
The case is being closely watched due, in part, to the involvement of the company's corporate bodies in the United States, its Swiss affiliate and because «practitioners are hoping the courts will clarify the interplay between major elements of Canada's transfer pricing rules, as well as the appropriateness of the Canada Revenue Agency's aggressive approach to transfer pricing disputes.»
and other one - world liberals who have persistently pressed judicial nominees in recent years to consider the legal opinions of foreign courts and other bodies when deciding cases here at home?
And while in Canada there are bodies that do provide some oversight and the prospect of going to court exists; in many countries that is far from the case.
Since only a small minority of court cases are published, traditional research tactics overlook the vast body of information available.
In the test case that came before the Supreme Court in 2010, Holder v. Humanitarian Law Project, the Court held that it was constitutional to prohibit a group of humanitarian legal professionals (including a retired U.S. judge) «from engaging in certain specified activities, including training PKK members to use international law to resolve disputes peacefully; teaching PKK members to petition the United Nations and other representative bodies for relief; and engaging in political advocacy on behalf of Kurds living in Turkey and Tamils living in Sri Lanka.»
In the decade since the Canadian Judicial Council published its Statement of Principles on Self - Represented Litigants and Accused Persons, there has been a developing body of case law across Ontario that recognizes the obligation of trial judges to sensitize themselves to the unique needs of litigants who represent themselves at court.
His work has also included extensive experience representing clients including independent power producers, local distribution gas utilities, trucking companies, telecommunication companies as well as industrial, commercial and residential ratepayers, before the Louisiana Public Service Commission and other regulatory bodies requiring trials of rate cases and numerous compliant proceedings before state and federal courts.
@user6726 Appellate decisions are absolutely more authoritative than trial court decisions when they are available, but in any particular incident, the trial court is the first body to make an authoritative interpretation of the relevant law as applied to those particular facts in that particular case.
In the latter case, the Court did not hesitate to rule on the compatibility of the activities of the national standardisation body connected to national legislation with the free movement rules.
The request for a preliminary ruling by the Hoge Raad der Nederlanden (Supreme Court of the Netherlands) is part of a growing body of case - law on the interpretation of Article 3 (1) of the InfoSoc Directive (Directive 2001 / 29 / EC).
This case does bear some similarities with two other cases (case 222/82 Apple and Pear Development Council and case 249/81 Buy Irish) and the question is whether the situation in Fra.bo is different from that in Apple and Pear Development Council, where the Court held that article 34 TFEU could be invoked against a body that represented fruit growers not formally part of government but which had certain public law privileges, and the Buy Irish case.
This new body was to consider alleged miscarriages of justice, supervise their investigation if further inquiries were needed, and refer appropriate cases to the Court of Appeal.
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