Sentences with phrase «by appellate»

The standard of review accorded by an appellate court to a trial judge on findings of fact is a deferential one.

There also was a procedural issue addressed by the appellate court in order to provide assistance on remand.

Because it is not clear to me that the de novo findings of appellate courts, with only bare records before them, are likely to be any more reliable than the findings reached by trial judges, I can not join the majority's sanctioning of factual second - guessing by appellate courts.

But there would be many cases in which it could properly be said by an appellate tribunal that on no view of the facts could removal be disproportionate.

[7] Are they fearful that if they try something creative to move a case along, they will be slapped down by an appellate court?

Maybe you'll decide you need to input the leave to appeal and appeal facta, too, and somehow take into account what was in there in assessing the significance of Clements, Ediger and Benhaim to the decision you need to make to render your opinion bearing in mind you don't actually know what grounds of appeal the SCC thought mattered and, remarkably enough, sometimes the SCC delivers comments on issues that (arguably) weren't dreamt of by appellate counsel;

Litigants are now incentivized to submit more extrinsic evidence, even in cases where they would not have under the old standard, and hope the district judge will use it to craft a favorable opinion with plenty of citations to underlying facts that must be reviewed with deference by the appellate court.

Thus, the judge had a good deal of discretion in making his decision and would only be reversed by the appellate court if he made a legal error or if the evidence was insufficient as a matter of law.

He finished his discussion of the case by stating that he agreed with a deferential review by appellate courts on factual questions but not on legal questions decided by any tribunal.

The Italian constitutional Court has upheld national rules which had been judged by the ECHR as contrary to the Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)

I'm glad to see that there are still professors out there who try to write things that courts would care about instead of lamenting the lack of interest by appellate judges in Disaggregating the Paradox of Robustness.

«This favorable decision is the result of excellent work by our appellate attorneys and reflects the overall strength and experience of our appellate practice group,» said Joseph Hatchett, Chair of Akerman's appellate practice group, former Chief Judge of the United States Court of Appeals for the Eleventh Circuit and former Florida Supreme Court Justice.

The parties may also file a notice of appeal to have the case reviewed by an appellate court.

Judges are held accountable for their actions through the requirement of producing reasons for their decisions, by appellate review and through the open court principle.

Paul Daly, a Montreal professor who writes the Administrative Law Matters blog, says Stratas» frustration is widely held by appellate - level judges.

After dismissal by the district court, which was upheld by the appellate court, the U.S. Supreme Court considered the matter in Kurns v. Railroad Friction Products Corp., 132 S. Ct. 1261 (2012).

He went on to proclaim that adherence to the trial record was not a ««fetish»» but rather a central foundation for «the proper role of an appellate court,» and that extrarecord factual research by appellate judges «will cause problems in our judicial system more serious than those it is trying to solve in this case.»

Both the majority and dissenting opinion were written by appellate judges who had previously been family court judges (and, therefore, they had presumably given much thought to the kind of circumstances that should lead to a parent losing his or her parental rights).

Several conclusions can be drawn from this experience, which should be considered by any appellate court considering whether to adopt a CMP and by any advocate considering inviting an appellate court to take such a course; these are set out by the majority at [67]- [74], and by the minority at [89]- [97], and can not be shortly summarised.

Reliance on general deterrence as the primary sentencing objective in drug cases, and mechanical adherence to fixed sentence ranges, are driven in tandem by appellate court rulings based in a doctrinal adherence to a discredited objective.

However, because it was decided by an appellate court, it is likely to influence decisions made under human rights legislation in all Canadian jurisdictions, particularly those involving employer drug use policies in safety sensitive workplaces.

When she explicitly declares her intention (especially where, as here, the declaration is made promptly after the pronouncement of sentence), her declaration should be accepted by an appellate court, absent something powerfully contrary in the record.

Three main options have been discussed and applied by appellate courts:

In Tuesday's opinion, written by appellate Judge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.»

Brent Kendall of The Wall Street Journal reports that «Appeals Court Questions Grounds for Canceling Policy on «Dreamers»; Trump's effort to end DACA program reviewed for first time by appellate judges.»

The rules of evidence and civil procedure are complicated, and must also be understood in light of appellate cases that have been decided by appellate courts over the years.

The column, entitled «Silly Lawyer Tricks,» reports on actual cases where mistakes by appellate attorneys have resulted in bad results for the attorneys and their clients.

This column, which will be a regular feature going forward, reports on actual cases where mistakes by appellate attorneys have resulted in bad results for the attorneys and their clients and shares examples from appellate courts across the country so that readers can learn from the mistakes of others.

The column reports on actual cases where mistakes by appellate lawyers have caused bad results for the lawyers and their clients.

While the case was waiting to be heard by the appellate court, another similar case was decided by the California Supreme Court.

Merely to demonstrate the significant paradoxes that exists in this area of the law and yet which are still promoted by appellate courts as a method to sort, reduce and dismiss appeals, contrast the above words with these of Justice Chiasson in 2008 (emphasis added):

Such parsing of factors and weighing one against the other by the appellate court is a flagrant usurpation of the role of the sentencing judge and a clear breach of the admonition of the Supreme Court of Canada.»

Although the debate over the extent of employers» duty to accommodate employees» childcare obligations will likely continue until there is a definitive ruling by an appellate court (and quite possibly the Supreme Court of Canada), prudent employers should carefully assess any request for accommodation based on family obligations, taking into account such factors as:

There are are risks to the integrity of the process where, for example, the governing decision is a Supreme Court of Canada decision which purports to apply to the common law of all of the provinces — maybe even the civil law by analogy — where the decision has been considered by the appellate courts (and the trial courts) of other provinces, and one would never now that from a particular provinces's jurisprudence.

[752] In normal circumstances, an appellant will be acquitted by an appellate court only if he or she can demonstrate that an acquittal is the only reasonable verdict.

The decision in CITIC is instructive in demonstrating a cautious approach by an appellate court to the encroachment of legal professional privilege where the crime - fraud exception is invoked by a prosecuting authority in the context of, and (presumably) in aid of, anticipated criminal proceedings.

While the amount of wrongful death damages was reduced by the appellate court, the award is believed to be one of the largest in Louisiana for a victim of asbestos - related lung cancer.

Firstly, as observed by the British Columbia Court of Appeal, the common law system of precedent, with the attendant benefits of clarity and predictability, depends on lower courts abiding by appellate courts» precedents.

Unfortunately, sorting by appellate judge using these tools by LexisNexis are not yet available in Canada.

And it encourages bad behavior by appellate lawyers, including me sometimes.

Unfortunately for a marginally winning plaintiff below, the former — the zilch / nada — option was seized by the trial judge and affirmed by the appellate court on review in connection with an attorney's fees request.

Questions of law will be reviewed by an appellate court on a standard of whether the decision, taken as a whole, was demonstrably unreasonable.

Either or both parties can appeal a judge's decision to a higher court, but it is fairly uncommon for civil cases to be overturned by appellate courts.

Nothing in the Constitution requires that assessment of fault in a civil case tried in a state court be made by a jury, nor is there any prohibition against such a finding being made in the first instance by an appellate, rather than a trial, court.

In a long - standing antagonistic battle between two former law partners, a cross-respondent was awarded costs by the appellate court after a cross-appeal was dismissed.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

There are so many areas of South Carolina law that could use precedential analysis by our appellate courts that the act of depublishing opinions is almost perverse.

What has not been decided yet by any appellate - level court in the country, though, is the privacy interest in one's phone, tablet or laptop when retuning to Canada.

Taking into consideration the lack of evidence in the record of this case with regard to the landlord's knowledge of the vicious propensities of the dog, the conflicting studies about how best to control the dog bite «epidemic» mentioned herein, and the problems inherent in defining what constitutes a «mixed - breed» pit bull, the matter of creating a new standard of liability is fraught with problems and is beyond the sphere of resolution by any appellate court.

Also, the judge is within his rights to punish the potential juror if he determines that the potential juror is actually lying about his ability to be impartial in an effort to evade jury service rather than because he sincerely believes that he can't be fair, and judges have wide authority to determine the credibility and truthfulness of statements made to him in open court (i.e. if the trial judge finds that you are lying, this determination will almost always be honored by an appellate court considering the judge's actions).