Sentences with phrase «by judicial authorities in»

After Pell was order to stand trial, Vatican spokesman Greg Burke issued a statement saying: «The Holy See has taken note of the decision issued by judicial authorities in Australia regarding His Eminence Cardinal George Pell.

Contract law, for example, provides that by doing or saying certain things people can make binding agreements with one another that will be enforced by judicial authorities in the event that one or more parties fail to follow through on the agreement.

Is the review really the same: (a) when exercised by an administrative authority, in the framework of EIA, and (b) when exercised by a judicial authority in the assessment of «causal link»?

Not exact matches

and finally resolved by arbitration in the United States under Nevada State Law which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.

In such cases, we can either settle the issue by violence, or we can set up some authority to decide the matter, in which case we get judicial authority, of which the paradigm is the court or the judgIn such cases, we can either settle the issue by violence, or we can set up some authority to decide the matter, in which case we get judicial authority, of which the paradigm is the court or the judgin which case we get judicial authority, of which the paradigm is the court or the judge.

According to the standard account of the matter, the power of judicial review — that is, the authority of the federal judiciary to invalidate acts of Congress and the President when they are deemed to be unconstitutional — came to be entrenched in our law by the acceptance, tacit or otherwise, of the Supreme Court's ruling in the 1803 case of Marbury v. Madison.

The Vatican in a statement Friday registered «strong shock for the manner in which some of the raids were carried out yesterday by the judicial Belgian authorities» and expressed indignation that two cardinals» tombs were violated.

With the enhancement of the dignity of the bishop and the extension of his judicial authority under the patronage of the Empire, the old cathedra upon which the ante-Nicene bishop had sat in his capacity as teacher, was gradually converted into a veritable throne, imitative of that of the emperor.25 It is quite possible that the courtly protocol and the sartorial details of the so - called Donation of Constantine are a reasonably accurate description of the dress, insignia, and prerogatives of the chief bishop of the West in the late imperial period, that even the account of the bestowal of these privileges primarily errs in fictionally ascribing to one emperor what was probably done by several in the course of the fourth and fifth centuries, and that once the fictional monopolization of these prerogatives by one bishop is removed, the Donation is recognized as supplying us with a picture of a late imperial prelate.26

Kareem argued that, going by numerous judicial authorities, some of which he cited on Wednesday, the development implied that Justice Tsoho's court had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay before it.

«Up till today, that Appeal Court judgment of October 10, 2010, that made Fayemi governor is not being cited as authority in any election matter and with Obasanjo's reference to Salamigate as terminology for judicial manipulation, it should be clear to Fayemi himself that he became governor by judicial fraud.

«Enough evidence has been presented to prove his innocence... in addition to that, he has been eligible for parole for more than two years,... but the judicial authorities have opposed Kokabee's release,» said his lawyer, Saeed Khalili, on 16 April, as quoted by ICHRI.

Presenting essays written by authorities in the fields of education, political science, and law, West and Dunn highlight the many areas of education policy that have made their way into U.S. courts to be debated and decided, and consider the implications of heightened judicial involvement for schools...

The decisions of public bodies, such as the Secretary of State (and therefore of RSCs where they assume the powers of the Secretary of State), local authorities and schools can be challenged by way of judicial review and other appropriate proceedings in the High Court.

Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

A veterinarian who is licensed in another state, and who is in good standing in such state, providing services directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the veterinarian for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the veterinarian possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

A technician who is licensed in another state, and who is in good standing in such state, providing veterinary technology services otherwise permissible pursuant to this article directly in connection with an investigation by law enforcement of an alleged violation of federal or state animal fighting or animal cruelty laws, within the scope of the investigation and / or any related judicial proceedings, subject to the following requirements: (a) an official invitation has been extended to the technician for a specified period of time by the law enforcement authority with jurisdiction over the investigation; and (b) such law enforcement authority determines that the technician possesses skills, training, or experience necessary and relevant to such investigation of alleged incidents of animal fighting or animal cruelty.

However, that does not mean that «acts» can be limited to measures of individual scope, as there will be measures of a general scope that are not taken by a public authority in a judicial or legislative capacity.

The work done by the Judges Technology Advisory Committee of the Canadian Judicial Council, after having been used for ten years, has now been examined by a specialized authority and seems to constitute the balanced solution sought after in 2005.

Word of Stone's aggressive noise cancellation tactics eventually reached Maryland's Commission on Judicial Disabilities, however, and last week the judge agreed to a five - day unpaid suspension after acknowledging that he had exceeded his authority by sentencing people for contempt without allowing them to defend themselves in court.

Thus in the words of Judge LJ: ``... the 2000 Act may properly be seen as Parliament's considered statutory framework for the disclosure of information held by public authorities, whose enactment militates against the incremental judicial perception of a common law duty to the same or any wider extent.»

That the bill presents a case for judicial consideration arising under the laws of the United States and treaties made under their authority with the Cherokee Nation, and which laws and treaties have been, and are threatened to be still further, violated by the laws of the State of Georgia referred to in this opinion.

And although the Diocesan Bishop controls respondent Monastery of St. Sava and is the principal officer of respondent property - holding corporations, the civil courts must accept that consequence as the incidental effect of an ecclesiastical determination that is not subject to judicial abrogation, having been reached by the final church judicatory in which authority to make the decision resides.

He is regularly instructed by housing associations, local authorities, banks and private landlords, as well as by defenders in eviction or mortgage repossession proceedings, or by homeless persons in judicial review cases.

While the goals of LA&W are similar to those of legal writing classes taught at many schools — to teach students to understand, analyze, and apply legal authority and to communicate the results of that analysis in writing — the course also contains some components that are influenced by its Legal Methods roots, as well as some that may or may not be taught in a first - semester civil procedure class: a focus on judicial methods, an introduction to legal institutions and processes, and instruction on the anatomy of a civil law suit, the timeline of a civil case, and the link between procedural and substantive law.30 The full set of course goals was outlined in the 2000 Report and has remained unchanged:

In my view, agreements for the sale of land include an implied term that the purchaser will receive a «good and marketable title in fee simple» based on both conveyancing practice (custom) and as a «legal incident» of such contracts — that is by implication of law based on the judicial authorities cited herein (see para. 50In my view, agreements for the sale of land include an implied term that the purchaser will receive a «good and marketable title in fee simple» based on both conveyancing practice (custom) and as a «legal incident» of such contracts — that is by implication of law based on the judicial authorities cited herein (see para. 50in fee simple» based on both conveyancing practice (custom) and as a «legal incident» of such contracts — that is by implication of law based on the judicial authorities cited herein (see para. 50).

The reasonable expectation of privacy in internet subscriber data created the need for specific judicial authorization, Spencer argued, and a mere request by a police officer does not establish «lawful authority» to obtain subscriber data.

On the bright side, the Court safeguards the right to effective remedies of irregular migrants against procedural abuses by the administrative and judicial authorities in three respects.

How the implied term would apply on the facts is another matter, but rationale behind the ban on using the implied term in the course of judicial review proceedings to determine the fairness of the decision to dismiss is not obvious or supported by any authority.

For this purpose, the judicial authority must be in the position to take into consideration three sets of material: the facts and the evidence adduced by the administrative authority, the observations on behalf of the third - country national and any other element that is relevant.

Coincidently, I just read a free movement of goods case again (Dynamic Media Vertrieb 244/06) and it although the case is quite different, the Court also highlights the importance of judicial review by national courts of decisions by authorities that affect EU rights (in this case the right to market products in another MS).

102] Bot goes even further to state that the Spanish interpretation would «paralyse the execution by the Spanish judicial authorities of European arrest warrants issued for the purpose of executing judgments rendered in absentia, unless the issuing Member States could guarantee the persons concerned a retrial.»

In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.&raquIn his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.&raquin fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.»

Between CA 1989 receiving Royal Assent and its coming into operation in October 1991 in R v B County Council exp P [1991] 1 FLR 470 the Court of Appeal was confronted by a judicial review application, the only way a local authority's failure to call live evidence (as opposed to rely hearsay) could be done then.

Our lawyers have acted for architects, engineers, lawyers, dentists, and accountants in professional errors and omissions claims, advised clients before professional regulatory bodies, acted for professional administrative bodies, provided advice regarding investigations conducted by administrative authorities, and have acted in judicial reviews of decisions made by professional regulatory bodies.

It occurs to me, reading what is googleable about Eloise's work for a few minutes that she (i) assisted with the investigation into a death in police custody while seconded to the IPCC (ii) was seconded to a solicitors» firm to assist with the phone hacking disclosure (iii) did pro bono work (iv) was involved with a judicial review of a costs order that was requested by a Local Authority in a Non Payment Council Tax case at the local magistrates, which got into the law reports.

In his dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas expressed doubt that «Congress intended administrative preclusion to apply to TTAB findings of fact in a subsequent trademark infringement suit,» based on the history of administrative preclusion and both the express language and «several features» of the Lanham Act, including that the Act confers limited authority on the TTAB and provides for judicial review of the Board's decisionIn his dissenting opinion joined by Justice Antonin Scalia, Justice Clarence Thomas expressed doubt that «Congress intended administrative preclusion to apply to TTAB findings of fact in a subsequent trademark infringement suit,» based on the history of administrative preclusion and both the express language and «several features» of the Lanham Act, including that the Act confers limited authority on the TTAB and provides for judicial review of the Board's decisionin a subsequent trademark infringement suit,» based on the history of administrative preclusion and both the express language and «several features» of the Lanham Act, including that the Act confers limited authority on the TTAB and provides for judicial review of the Board's decisions.

The difficulties caused to AE by not disclosing the closed material were in the words of the Strasbourg court «sufficiently counterbalanced by the procedures followed by the judicial authorities» and that was the way in which the special advocate procedure had worked in the instant case.

Data is relatively limited and fairly dated as to the diversity composition of various state benches; most authorities cite a report by the American Bar Association Standing Committee on Judicial Independence (first published in 2004 and updated last in 2010) or a 2009 compilation of data by the American Judicature Society.

It obliges MS to ensure that, until a person has been duly found guilty, the individual involved is not presented as guilty in public statements by public authorities or judicial decisions, other than those determining the person's guilt.

Any person who issues a decision, gives an opinion, submits a report, addresses a case or proves an incident for the benefit or against a person, failing to maintain the requirements of integrity and impartiality, in his capacity as an arbitrator, expert, translator or investigator, appointed by administrative or judicial authority or selected by parties, shall be sentenced to temporary imprisonment.

The judicial review proceedings were concluded by consent in June 2016 leaving the only issue for determination by the court of whether costs should be paid by the Scottish authorities on the «standard» or «indemnity» basis.

As a pupil, Zac was also involved in: R (on the application of RWE Generation UK Plc) v Gas and Electricity Markets Authority [2016] 1 CMLR 17, a challenge against a decision modifying the charges imposed on users of the National Grid (as a pupil assisting Gerard Rothschild); Speed Medical Examination Services Ltd v Secretary of State for Justice [2015] EWHC 3585, a judicial review challenging reforms to the process for handling whiplash claims (as a pupil assisting Gerard Rothschild); and an application for interim relief by a company that had been redesignated under a European Union sanctions regime (as a pupil assisting Maya Lester).

By contrast, whether the Charter also applies to the national rules determining under what conditions police and judicial authorities can access the retained data is less obvious, because Directive 2002 / 58 / EC does not cover «activities of the State in areas of criminal law» (Art. 1 (3)-RRB-.

Respectfully, the idea in terms of an extradition of «thousands of extremists» does not appear to be understandable as extradition itself means that those thousands must have been chased by other judicial authorities to bring them to justice in order to face the criminal proceedings (non - conviction warrant) or serve the custodial sentence (in terms of a conviction warrant).

The case, a judicial review of a decision by Deputy District Judge Stott at Warley Magistrate's Court, looked at the scope of legal professional privilege and litigation privilege, the nature of the legal authority required if these privileges are to be lawfully overridden, and the proper construction of provisions contained in the CrimPR.

It was open in principle to the claimant to bring a challenge by way of judicial review, on the ground of breach of legitimate expectation, to the defendant's decision to terminate her tenancy, just as it was open to her in principle to bring a challenge on Convention grounds against the defendant as a public authority.

The management and allocation of housing stock by a housing trust which is a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, is a function of a public nature, with the effect that the registered social landlord is to regarded as a public authority for the purposes of s 6 (3)(b) of the Human Rights Act 1998 and so is amenable to judicial review on conventional public law grounds in respect of its performance of that function.

Judicial powers were bolstered by the introduction of the Human Rights Act in 2000, which prohibits public authorities from breaching fundamental rights.

Lord Justice Lloyd Jones held that «While I readily accept the fundamental importance of the guarantees provided by Article 5, it does not follow that Article 5 must be equated for all purposes with Articles 2, 3 and 4... In the present state of the Strasbourg jurisprudence, enforced disappearance cases are acknowledged to give rise to an investigative obligation because where agents of the State have assumed control over an individual it is incumbent on the authorities to account for his or her whereabouts... I can see no reason in principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledgeIn the present state of the Strasbourg jurisprudence, enforced disappearance cases are acknowledged to give rise to an investigative obligation because where agents of the State have assumed control over an individual it is incumbent on the authorities to account for his or her whereabouts... I can see no reason in principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledgein principle why it should be extended to all cases in which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledgein which a person has been detained in the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledgein the absence of judicial scrutiny or control, even if the detention is not secret or unacknowledged.