Sentences with phrase «broad authority of the court»

The recent endorsement of Justice Greer in McColl v. McColl illustrates the broad authority of the Court to appoint an Estate Trustee During Litigation (ETDL), and where warranted, to dispense with the requirement that the ETDL post a bond.

Not exact matches

The Supreme Court has broad authority over all categories of cases, both civil and criminal.

Indeed, the court said the definition of «official act» that jurors received at the Silver trial was way too broad, since it encompassed «any action taken or to be taken under color of official authority.»

The suit, filed in state Supreme Court in Albany, comes after the U.S. Environmental Protection Agency denied the broad majority of the loan — $ 482 million — which state officials at the Public Authorities Control Board and later the Thruway Authority had approved over the summer.

To do this as an educational policy is within the broad discretionary powers of school authorities; absent a finding of a constitutional violation, however, that would not be within the authority of a federal court.

Federal courts, so far, have not been sympathetic to this broad claim of arbitrary authority.

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

The language of the Court of Appeal seemed to hint that while a woman working solo in her own residence could never run afoul of bawdy house legislation, the government might be able to draft non-offending legislation that targeted larger commercial operations and there is little doubt that where criminalization fails, municipal regulation enjoys a broad authority to fill the gap.

Carter Phillips is a voice of authority in appeals before the US Supreme Court, calling upon a wealth of accumulated knowledge to advise clients on a broad array of constitutional issues, administrative law matters and wider commercial disputes.

The post from Lyle Denniston at SCOTUSblog reports on yesterday's Supreme Court argument in which the state of Arizona and the federal government argued for — and got Justices supporting — the broad proposition that police who encounter someone in a public place should have the authority to frisk that individual any time they fear he may be «armed and dangerous,» even if they have no suspicion that any crime has been or is being committed.

(para. 36, italics added) The Court thus opted for a lenient and broad interpretation of the types of measures that authorities can undertake to avoid adverse effects to a Natura 2000 site, as it could have construed the types of measures allowed as only those measures that directly mitigate the adverse effect of the project, such as for instance, restrictions on the water usage and discharge of cooling water.

With a broad range of skill sets, we focus on four major disciplines: advising on transactions; day - to - day counseling on substantive and tax planning and compliance issues; resolving disputes with taxing authorities and in court; and helping clients obtain private or public guidance from the Internal Revenue Service (IRS) and the US Department of the Treasury.

On the other hand, the Court found that if the Parliament finds the petition admissible, further actions taken are not amenable to judicial review, because the Parliament has a broad discretion of political nature as to how the petition is further dealt with, «regardless» of whether the Parliament deals with the petition directly or further refers it to other competent authorities.

The Court's broad definition was consistent with other Patent Act provisions using the term «manufacture» or «article of manufacture» and prior authority, which indicated that «[t] he broad term includes the parts of a machine considered separately from the machine itself.»

Moreover, the Third Circuit has determined that this provision gives US Courts «broad authority» to provide appropriate equitable relief to assure the orderly conduct of reorganization proceedings, and to «craft flexible remedies that, while not expressly authorized by the Code, effect the result the Code was designed to obtain.»

In short, the Divisional Court found that, although reinstatement is an uncommon remedy in «human rights litigation», it was not unreasonable in this case, confirming that the HRTO's broad remedial authority was not limited by the passage of time, and finding that the HRTO's reasoning was intelligible, transparent and justified.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

The Court affirmed the decision of the U.S. Court of Appeals for the Federal Circuit, holding that the USPTO acted within its authority in promulgating rules requiring the Patent Trial and Appeal Board to construe patent claims in inter partes review proceedings under the «broadest reasonable interpretation» (or «BRI») standard.

The agreements had been executed by relatives holding powers of attorney granting broad authority to enter contracts, but the Kentucky Supreme Court held that a power of attorney must specifically grant the authority to agree to arbitration.

The court in Shell Canada Products Ltd. v. Vancouver (City), [1994] 1 S.C.R. 231, at para. 47, noted that to a large extent, the inclusion of the broad, «general welfare provisions» in municipal acts «was intended to circumvent, to some extent, the effect of the doctrine of ultra vires which puts the municipalities in the position of having to point to an express grant of authority to justify each corporate act.»

The court also rejected the authorities» claim that the secretary of state was not entitled to find that any of the proposals met her criterion of support by a broad cross-section of partners and stakeholders.

The court held that Ms. Willard had no statutory executor authority for such a waiver of privilege but suggested that her husband's will might have given his executrix a broader power to waive his attorney - client privilege.

Particularly, having regard to the broader discretion that a local authority would have in the case of granting prior planning approvals and where the confirming court can not, according to the Court of Appeal, have regard to the government's stated policy objectives of achieving the minimum number of sites consistent with the efficient operation of a network and requiring operators to share scourt can not, according to the Court of Appeal, have regard to the government's stated policy objectives of achieving the minimum number of sites consistent with the efficient operation of a network and requiring operators to share sCourt of Appeal, have regard to the government's stated policy objectives of achieving the minimum number of sites consistent with the efficient operation of a network and requiring operators to share sites.

Supreme Court of Canada Confirms Regulators Have Broad Authority and Discretion to Fulfil Mandate

The law should also include an additional criterion giving broader authority to the courts to account for other factual situations, such as, «other indicia of objective baselessness» or «other indicia that no reasonable person would have considered their potential case to have merit.»

Texas courts have broad authority to enforce their own child support orders once you file a motion, and the Child Support Enforcement division of the Attorney General's Office may be able to help you file.