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.&r
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.&r
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.»
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.