Sentences with phrase «by appellate courts»

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.

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.

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

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.

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):

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.

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.

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.

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.

The combination of citing Nicchia and Sentell by appellate courts pertaining to upholding well - written breed - specific ordinances was done as recently as 2007 (American Canine Foundation v. Sun, Dist.

When the case was heard by the appellate court, the prosecutor pushed for a lengthier sentence, arguing that Green's sermon was extreme.

The decision was later overruled by an appellate court, but the case sparked a firestorm.

ALBANY — Former Assembly Speaker Sheldon Silver, once among the state's most powerful elected officials, had his federal conviction on corruption charges vacated by an appellate court on Thursday.

The former assembly speaker, whose conviction on corruption charges was overturned by an appellate court, has long been able to get numbers to work in his favor.

Kaduna State chapter of the party described Sheriff's reinstatement by the appellate court as an act of impunity, which was against the constitution of the party.

The House Minority Leader, Mr. Leo Ogor, had summoned a caucus meeting last week soon after Sheriff was declared as the chairman by the appellate court.

The fight has culminated in a decision recently handed down by an appellate court in Brooklyn.

ALBANY — Former Assembly Speaker Sheldon Silver, once among the state's most powerful elected officials, has had his conviction on corruption charges overturned by an appellate court.

But Justice Gabriel Kolawole, in his judgment, delivered on July 1, 2015, held that he lacked jurisdiction to entertain the suit while the June 8, 2015 judgment of the Lagos Division of the Federal High Court, nullifying the extradition application and affirmed by another judge of the same Lagos division on June 23, 2015, had not been set aside by any appellate court.

Aminu Sule Lamido, the 34 year old son of former Jigawa State governor, Alhaji Sule Lamido, had his appeal struck out on Monday by an appellate court sitting in Kaduna against the decision of the Federal High Court, Kano which found him guilty of the charge of money laundering brought against him by the Economic and Financial Crimes Commission, EFCC.

In the Wednesday case, a decision to bounce candidates from the line because they did not submit a required affidavit was upheld by the appellate court.

But in 2015 that ruling was overturned by an appellate court.

In addition to the legal shortcomings identified by the appellate court, the scale and popularity of the tax program clearly played a role.

(A 2014 ruling in that case sided with the students but was overturned by an appellate court earlier this year; the plaintiffs are now appealing to the California Supreme Court.)

Upheld by an appellate court, the ruling briefly protected the Hegins pigeon shoot organizers from prosecution for cruelty.

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).

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.

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.

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.

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

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.

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.

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.

[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.

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:

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.»

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

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.

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.

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.

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.

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).

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

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.

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

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

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

Not exact matches

«But there is going to need to be some major lawsuits or decisions by federal courts, appellate courts or more to decide what are acceptable practices online for a real shift to take place.

Results will include opinions issued by the SEC and federal appellate courts that relate to FINRA disciplinary actions that have been appealed.