Sentences with phrase «court determination»

«we can not avoid our responsibilities by permitting ourselves to be completely bound by state court determination of any issue essential to decision of a claim of federal right, else federal law could be frustrated by distorted fact finding.»

Obtaining a certificate of pending litigation to be registered on land to avoid its transfer pending determination of a dispute about the land by the courts

The Court conducted a constitutional assessment in light of Section 8 [1] of the Charter and was guided by the Supreme Courts determination in R. v. Vu, 2013 SCC 60, that there must be judicial authorization for the search and the search must be conducted in a reasonable manner.

The gulf between de novo review [the appropriate standard] and «any competent evidence» is vast — so vast that if the appellate courts applied an «any competent evidence standard» almost any family court determination on child custody, alimony, or property division would be impossible to overturn.

The Eleventh Circuit has issued legal instructions for trial court determinations of whether a person is an employee or independent contractor.

After the High Court determination this week, Isa was down and did not communicate with me until the next morning.

But, the deportation proceedings could easily take many months or years if a colorable defense to deportation was raised in the initial deportation proceeding because U.S. immigration courts (which are administrative law tribunals) are greatly backlogged and there are a couple of levels of appeal from an initial immigration court determination.

Once such evidence has been located and preserved by court order, the victim may, in appropriate circumstances, also be granted an order of the court to freeze such bank accounts (or other assets)(a Mareva injunction) until the final court determination of the victims claims.

The reason was that the trial judge has discretion to determine the prevailing party where no one hit a «grand slam,» hardly the case in this situation given lower court determinations that plaintiff's recovery was minimal and defendant prevailed every bit as much as the plaintiff.

The proposed settlement will provide substantial certainty over a large area of the Wimmera in Victoria, including a formal court determination that native title does not exist over 98 % of the claim area.

In addition, the NNTT referred to the fact that the Martu People's native title was the subject of a finalised court determination and of a «substantial kind» (that is, exclusive possession).

It should be remembered however, that the High Court found that native title in the Keep River National Park is a co-existing right which was confirmed by the Federal Court determination handed down on 18 December 2003.

The Supreme Court of Kansas affirmed the appellate court determination that the TUF was an impermissible excise tax.

Reaffirmation of the doctrine that religious motivation does not override substantial secular concerns relating to health and welfare was recently evidenced by the United States Supreme Court determination that sale and distribution of drugs, even though religiously motivated, was not immunized from legal accountability.

2015), reverses a family court determination that the South Carolina Department of Social Services (DSS) did not have to offer Mother further services and creating a permanency plan of termination of parental rights (TPR) or relative -LSB-...]

For appellate practitioners and litigators contemplating an appeal, you by now should know that most factual findings — even those than can be implied — usually will uphold a judgment or trial court determination.

Legal separation is a court determination of each spouse's rights and responsibilities based on the circumstances of the marital relationship.

Back home in Ghana, since the news of Kenya's Supreme Court determination, Former President John Dramani Mahama has been subjected to the most vile and scurrilous attacks largely perpetrated on social media by sections of his own Ghanaian society.

In Minnesota, the move was prompted by the courts determination to become more efficient and cost effective.

However, the certification of Chief Chamberlin's representative action on behalf of «Aboriginal collectives» fails to specify objective criteria by which a collective could, without an ethnographic analysis and court determination, identify its membership in the class.

Child custody can be determined by stipulation of the parties, which is preferable, or by a court determination using the best interest of the child standard.

The trustees sought a court determination of the correct interpretation of the scheme rules relating to spouses» benefits and the proceedings were resolved by agreement between the parties

If the tenant gets a court determination in their favour then they can use that against the scheme administrator to obtain their deposit.

Where consent determinations are insufficient for this purpose, agreements negotiated to augment a court determination should ensure that, as a package, the two elements of the agreement (the determination element and the non-determination element) achieve the development objective.

Agreements negotiated to augment a court determination should ensure that, as a package, the two elements of the agreement (the determination element and the non-determination element) contribute to the policy objective.

Legal separation is a court determination of each spouse's rights and responsibilities based on the circumstances of the marital relationship.