Sentences with phrase «considered opinion of the court»

This situation was only revealed by my repeated and careful questioning of the highly traumatised defendant in prison, a procedure undertaken much against the considered opinion of the Court.

Not exact matches

At the very least, controversial emails or other communications from high - profile or powerful people that are disclosed publicly — no matter how they are obtained — are considered in the court of public opinion where no rules of admissibility apply.

The court may also consider the opinions of character witnesses on behalf of each parent.

In considering whether Arizona was meeting the requirements of the EEOA, Justice Samuel Alito's majority opinion faulted the district court and the Ninth Circuit for focusing on the «narrow question» of funding, and ignoring whether managerial and instructional reforms had brought the state into compliance.

In fact, considering the volume of the opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the appellate court.

Mitrovica evidently also missed the US Supreme Court ruling last year that refused to takes sides in the climate debate — and invited people to consider the opinions of the renowned physicist (and climate change skeptic) Freeman Dyson.

In a recent opinion in People v. Martinez, Criminal Court Judge Ruben Franco held that» [w] hile most of us may consider it distasteful, and indeed foolish, to wear ones pants so low as to expose the underwear... «people can dress as they please, wear anything, so long as they do not offend public order and decency.»»

In terms of the reasonableness of LSUC's decision, the court considered speeches by various benchers of LSUC (i.e., board members), as well as legal opinions designed to guide the benchers and 210 submissions from members of the profession and the public.

Entertaining different views of the questions now before us in this case, and having arrived at a conclusion different from that of a majority of the Court, and considering the importance of the case and the constitutional principle involved in it, I shall proceed, with all due respect for the opinion of others, to assign the reasons upon which my own has been formed.

Alito was a fair bit more circumspect than 5th Circuit Judge Harold DeMoss who recently wrote this article accusing the Supreme Court of usurping the rights of voters to approve or deny what he considers to be constitutional change — in his opinion, that document does not guarantee a right of privacy (nee abortion).

The opinion also noted how the bar had «disregarded the findings of the Special Committee» but that «having considered the bar's proposals, the comments filed, the bar's response, and having had the benefit of oral argument, the court adopts the amendments to the Rules Regulating the Florida Bar as proposed by the bar.»

All agree that Booker removed the mandatory teeth of the United States Sentencing Guidelines (Guidelines) by rendering them advisory, and that Justice Breyer's remedy opinion put some bite back into the Guidelines by requiring courts when sentencing defendants to «consider» them.

Considering that the same district court allowed Apple to leverage a couple of recent Supreme Court opinions concerning fee - shifting in connection with its pursuit of a recovery of attorneys» fees from Samsung, it would seem just fair for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties» motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retrcourt allowed Apple to leverage a couple of recent Supreme Court opinions concerning fee - shifting in connection with its pursuit of a recovery of attorneys» fees from Samsung, it would seem just fair for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties» motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retrCourt opinions concerning fee - shifting in connection with its pursuit of a recovery of attorneys» fees from Samsung, it would seem just fair for Samsung to be allowed to make an Alice argument now, just in time before Judge Lucy Koh will decide on the parties» motions for judgment as a matter of law (JMOL) following the recent $ 119 million jury verdict (which was disappointing enough for Apple to request a retrial).

His opinion also provide a non-exclusive list of factor he would have had the family court consider in determining whether Mother was fit:

Delivering the opinion of the court, the Lord Justice Clerk said: «In light of the submissions made to her, the court does not consider that any criticism of the Lord Ordinary's approach is well founded.

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?

The minority opinion in the court said patients don't have the right to be kept on life support indefinitely — to insist on treatment that doctors consider no longer to be effective or no longer to be «consistent with the professional standard of care.»

But there would be no point in that provision if the court, having admitted an expression of opinion of a Board of Appeal, could not consider it as an aid to reaching its judgment.

While the opinion given by the Supreme Court of Canada is not considered to be of the same precedential value as the decisions involving regular litigants, governments do not usually ignore the Court's opinion.

In the opinion of the Vilnius Regional Administrative Court, a petitioner, such legal regulation means that the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren, provided that said persons, their children, grandchildren or great - grandchildren have repatriated, are not considered as citizens of the Republic of Lithuania.

In determining whether speech is a protected opinion, a court must consider the totality of the circumstances.

Although the advocate - general's opinion is not binding, his conclusion that anti-suit injunctions issued by (a) member state courts in support of arbitration or (b) by arbitral tribunals are not prohibited by the Brussels I (recast) will be welcomed by those who consider that the arbitration exception was unreasonably eroded by the ECJ in West Tankers.

Article 34 provides that «any court or tribunal in an EFTA State» «may, if it considers it necessary to enable it to give judgment, request the EFTA Court to give» an advisory opinion on the interpretation of the EEA Agreecourt or tribunal in an EFTA State» «may, if it considers it necessary to enable it to give judgment, request the EFTA Court to give» an advisory opinion on the interpretation of the EEA AgreeCourt to give» an advisory opinion on the interpretation of the EEA Agreement.

Others would say that experience is unnecessary when the appellate courts routinely dispose of cases without opinions, abdicating their essential two-fold mission: shaping the law and giving litigants the comforting impression that their arguments had been thoughtfully considered.

Whether or not one treats the majority opinion's public forum analysis of social networks as «dicta» (which is legalese for «stuff in an opinion I don't like so I don't consider binding»), all 8 Supreme Court justices agreed that subscribers have a First Amendment right to access information and speak online, and that the government can not prohibit a person from accessing content that has nothing to do with preventing repeat offenses — even when the repeat offense is child molestation, and the evidence arguably supported that child molesters were particularly prone to repetition.

Opinion summaries are not to be considered as official headnotes or syllabi of court opinions.

Earlier this month, the Supreme Court of Utah issued an opinion in an interesting case considering the age at which young children can be held legally responsible for their own negligent actions.

The Enbridge opinion cited with approval to a 1960 Illinois Supreme Court decision where it was ruled proper to exclude opinions of condemnation witnesses who had considered proper, along with improper, and speculative criteria in their analysis.

A recent Seventh Circuit opinion — authored, predictably, by Judge Posner — addressed the potential conflicts in detail in chastising what it considered a lower court's less - than - diligent review of a coupon settlement.

(c) If an opinion which conflicts with a prior opinion of this Court has been issued fewer than thirty (30) days before the issuing panel makes a recommendation for an en banc hearing, the issuing panel shall vacate and withdraw the conflicting opinion, pending the full Court's determination on whether to consider the case en banc.

In fact, AG Wathelet in his Opinion attempted to explain how arbitral tribunals satisfy the conditions set by the CJEU to be considered «a court or tribunal of a Member State» (paras. 90 - 131).

The South Carolina Court of Appeals filed what I consider to be an important unpublished family court opinion which, most probably, should have been published, in that it could have provided precedential guidance for family court mediators and attorneys participating in mediaCourt of Appeals filed what I consider to be an important unpublished family court opinion which, most probably, should have been published, in that it could have provided precedential guidance for family court mediators and attorneys participating in mediacourt opinion which, most probably, should have been published, in that it could have provided precedential guidance for family court mediators and attorneys participating in mediacourt mediators and attorneys participating in mediation.

Whilst the Court's comments regarding the effect of these types of clauses are only observations, the judges gave considered opinions will have strong persuasive effect.

The Court of Appeal rejected the argument, finding that the trial judge considered the expert evidence favouring the physician to suffer from frailties such that the court could not rely on it to establish the existence of a respectable minority opiCourt of Appeal rejected the argument, finding that the trial judge considered the expert evidence favouring the physician to suffer from frailties such that the court could not rely on it to establish the existence of a respectable minority opicourt could not rely on it to establish the existence of a respectable minority opinion.

As we have seen in point 26 of this opinion, the Court considered that dealing in narcotics as part of an organised group was a diffuse form of crime and could reach a level of intensity that might directly threaten the calm and physical security of the population as a whole or a large part of it.

The Code of Judicial Conduct provides that, although such opinions are not per se binding on the Judicial Conduct Board, the Court of Judicial Discipline, or the Supreme Court of Pennsylvania, action taken in reliance thereon shall be considered in determining whether discipline should be recommended or imposed.

[35]... A stay should not be regarded as an expression by this Court of any considered opinion with respect to the prospect of success on appeal, except as an indication that there is an arguable appeal.

Considering this massive power imbalance and the general change of the moral views by society (which are also motivated by the situation sex workers where in), the courts changed their opinion on prostitution and § 138 BGB and, suddenly, prostitution was legal the eyes of German civil law.

The issue had not been considered by the court and there was a division of opinion in the text books.

«Despite her strong negative opinion of the court process and its structure (and the local judges before whom she regularly appears and for whom she has a very negative opinion) Ms. Gratl's actions for her then - client must be considered on the actual facts as they unfolded, not on her unprofessional attitude or her scurrilous opinions,» said the ruling.

yro.slashdot.org - Actress Lindsay Lohan has failed in her latest attempt to sue the maker of the video game Grand Theft Auto V. From a report: While the court said in an opinion a computer generated image may be considered a «portrait» under current state civil rights law, «the artistic renderings are indistinct,...

In its Octane opinion, the Supreme Court applied a much more flexible standard, ruling that trial courts should award fees «in the case - by - case exercise of their discretion, considering the totality of the circumstances.»

However, regardless of the opinion of a counselor or the court, state law prohibits the court from awarding any custody rights to a parent that has been convicted of first degree murder of the other parent, unless the child is of suitable age to consent, and an infant would most likely not be considered old enough to consent.

If the former spouse feels that regardless of what the legal status is of the conviction the other parent poses a threat to the child (ren), the Court will consider their opinions above the convicted offender.

The court may also consider the opinions of character witnesses on behalf of each parent.

Often age twelve is considered to be the age when the opinion of the child is given more weight by courts.

When determining the best interests of a child the South Carolina family court will consider several factors, including: who has been the primary caretaker; the conduct, attributes, and fitness of the parents; the opinions of third parties such as the guardian ad litem, expert witnesses, and the children; and the age, health, and sex of the children.

On one hand, it seems obvious that the court should consider the opinion of a preteen (age 12) or teenager whose lifestyle and future is being determined.

Looking at Maine law, the court found that the general rule is that someone can not be liable for a statement concerning a future event, as those types of statements are only considered an opinion and not actionable.

A federal court in Pennsylvania considered whether invited guests to rental property have the ability to bring a lawsuit for violations of the Fair Housing Act («FHA»), this is the first time a court has issued an opinion on this topic.