Sentences with phrase «court element of a case»

The magistrates» court element of a case sent to the crown court (Crime and Disorder Act 1998, s 51) is included in the LGF and does not attract any extra payment.

Not exact matches

Unlike Hobby Lobby, where the High Court ruled narrowly to allow for - profit companies to exempt themselves from aspects of the health - care law for religious reasons, the latest cases deal with broader elements that underpin the ACA.

Nyame, who is standing trial for a 41 - count charge of criminal misappropriation of N1.64 bn state funds, had on January 18, 2017 through his counsel, Charles Edosomwan, SAN, urged the court to «hold that the testimony of prosecution witnesses have been so damaged and can't be relied on», and «the crucial elements are missing in this case».

I also asked that the court take into account the breaches of trust in this case - Hall carried out some of these offences in places where the victims were entitled to feel safe, he used his celebrity status to invite them to attend the BBC, and he also displayed an element of planning and premeditation.

These serve as the foundation for understanding more complex topics, such as the elements of argument and the chain of legal reasoning used in court cases and historical documents.Advanced Composition and Rhetoric Honors also includes honors enrichment activities.

As a word of caution, there could be a reason our appellate Courts have not had a case where the landlord knew of those elements.

A case can be thrown out of court if the defense is not informed of every known element of the accusation.

by Chris White Daily Caller A New York court ordered AG Eric Schneiderman Thursday to fork over public information about elements of his climate crusade to a libertarian think tank in Washington, D.C. New York Supreme Court ruled in favor of the Competitive Enterprise Institute (CEI) in a case involving a series of documents conservatives believe could reveal a -LSBcourt ordered AG Eric Schneiderman Thursday to fork over public information about elements of his climate crusade to a libertarian think tank in Washington, D.C. New York Supreme Court ruled in favor of the Competitive Enterprise Institute (CEI) in a case involving a series of documents conservatives believe could reveal a -LSBCourt ruled in favor of the Competitive Enterprise Institute (CEI) in a case involving a series of documents conservatives believe could reveal a -LSB-...]

[Moreover,] the Court held that initiating and conducting negotiations in order to conclude an international agreement fall, in principle, within the domain of the executive, and that public participation in the procedure relating to the negotiation and the conclusion of an international agreement is necessarily restricted, in view of the legitimate interest in not revealing strategic elements of the negotiations (Case T ‑ 529 / 09 in't Veld v Council [2012] ECR II - 0000, paragraph 88; see also paragraph 57 and the end of paragraph 59 of the judgment).

At paragraph 26 and 27 the Court substantiates the reasons for this as the fact that the interpretation mechanism would not respond to the evolution of the case - law of the Court of Justice, and furthermore would not cover essential elements of the case - law such as direct effect and primacy.

Because Allen never proved this element of her case (according to the court), it never reached the issue of whether breastfeeding mothers are protected by pregnancy discrimination laws.

The Court found that the instruction included «unnecessary commentary» on punitive damages and that it «improperly required the jury to consider an element or legal standard» that the plaintiffs were not required to prove as part of their case.

The first is the wide element of discretion accorded to divorce courts in England about the treatment of parties» assets, which makes it very difficult to predict the outcome in any given case.

The Court of Appeal found that all four elements required to prove a claim for civil fraud were established in this case.

It creates a standard set of rules for European Courts to use when dealing with non-contractual cases involving a cross-border element, for example if a driver was injured in a Road Traffic Accident whilst travelling abroad.

Moreover, apart from certain elements of legitimacy such as consistency, feasibility, and unambiguity, Weatherill argues that the introduction of dissenting opinions would open the reasoning in hard cases up to scrutiny and development and give the Court more legitimacy (p. 108)-- this a suggestion that, so I guess, more than just one academic would support.

Anton Dudnikov, of Essex Court Chambers, says that «pretty much all of my cases have a strong international element».

Now, when you read a case on Casetext, the page includes several elements that enable you to quickly get to the nub of the case and discover how other courts and commentators viewed the case.

Therefore, the Constitutional Court expressed the view that matters of social security and claims following from them did not in the case of so - called Slovak pensions contain a foreign element which is a prerequisite for the application of the co-ordination regulation.

Many thanks for your thought - provoking comments and in relation to Chris» comments I see a general tendency on the part of competition authorities to ignore their own past practice or certain elements of the Court's jurisprudence if this in the interest of their perception of procudural economy and indeed aggregating across markets is probably the case in point.

The case is being closely watched due, in part, to the involvement of the company's corporate bodies in the United States, its Swiss affiliate and because «practitioners are hoping the courts will clarify the interplay between major elements of Canada's transfer pricing rules, as well as the appropriateness of the Canada Revenue Agency's aggressive approach to transfer pricing disputes.»

The Court concluded that Ms. Flatt's evidence did meet the second element of the family status test — that breastfeeding during work hours is a legal obligation — and concluded that breastfeeding in this case was a personal choice.

Courts «view jury nullification as a pernicious element in the criminal justice system... the jury's official role in court proceedings is limited solely to judging the facts of the case and applying the law as given by the judge to those facts» (Travis Hreno, «Necessity and Jury Nullification» (2007) 20 CJLJ 351 at para. 2)

In the development of the standard, the difficulty arose in applying the civil standard to cases with quasi-criminal elements (defence allegations of fraud or crime on the plaintiff's part), family law proceedings in the time before no - fault divorce, or matters of equity decided in the common law courts.

First, the Public Domain status of case law means that whether the content is collected from court websites (like UC Berkeley's Free Law Project) or scanned from case books (like Harvard's Free the Law project), provided the copyrightable elements are stripped out, there are no lingering restrictions on use, re-use or further copying and distribution.

Indeed, the Court held that the constituent elements of a fair process are not absolute or fixed and article 6 does not require a uniform approach in all cases of this kind.

The Court of Appeal was not persuaded, ``... even in a criminal case», that difficulty associated with obtaining information and / or fear of harm to the witness are necessary elements to sustain privilege.

In a recent case, YCC No. 922 v. Lu, the owners of a condominium unit were ordered by the Ontario Superior Court of Justice to permit the condominium corporation to enter the unit for the purpose of inspecting and repairing damage to the unit and the common elements caused by flooding in the basement of the unit.

Some elements of the CLIC rules survived this period, but many of them, such as the unique case name rule described above, proved to be too difficult to implement by many courts and tribunals.

In looking at the inventive concept in the present case the Court noted that what was inventive were not the individual elements of the invention but the combination of those elements.

These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.

A key element of TWU's case was a precedent the university argued was set in the 2001 Supreme Court of Canada ruling Trinity Western University v. British Columbia College of Teachers.

After looking at all the elements of the negligence case before it, the Supreme Court of Canada ultimately held that despite the trial judge's very extensive copying, the decision should not be set aside.

In order to make a case for workplace harassment, you must be able to prove each of the following elements in court:

44 In this case, the Board of Appeal's reasoning rejecting the argument based on the allegedly descriptive character of the «doughnuts» element of the trade mark was sufficient to enable the applicant to understand the reasons that had led the Board of Appeal to adopt the contested decision and to enable the Court to exercise its power of review.

Hardly ever does this become more obvious than in the present case, as two elements of the Court's decisions show.

In the recent case of Electromart (Ontario) Inc. v Fabianiak et al., the Ontario Superior Court considered the level of evidence required to prove that there is a real risk of the dissipation of assets, one of the elements necessary to obtain a Mareva injunction freezing a defendant's assets.

When we file a lawsuit alleging negligence on the part of the defendant, we have to be able to prove four basic elements of your case in court:

In order for Section 301 preemption to apply and end this driver's state law case, the driver's claims would have to force the court deciding his case to interpret one or more elements of the collective bargaining agreement between the employer and its unionized drivers.

The one big element of the court's engagement with Canadian history that I haven't talked about is precedent — the accumulated weight of case law, not just on section 121 but on federalism generally and the power of regulation in particular that has emerged since Confederation.

A critical element of an attorney's role in such a case is to effectively secure the attention of a court to the existence of real danger, and to provide the court with admissible evidence describing the nature of the risk.

As the Court of Appeal in Schwark held that the elements necessary to establish a proprietary estoppel were not made out in that case, I note that the observation by the court that «to establish unconscionability», one must meet the five - part test laid out by Fry J. in Willmott v. Barber, supra, is obiter to its deciCourt of Appeal in Schwark held that the elements necessary to establish a proprietary estoppel were not made out in that case, I note that the observation by the court that «to establish unconscionability», one must meet the five - part test laid out by Fry J. in Willmott v. Barber, supra, is obiter to its decicourt that «to establish unconscionability», one must meet the five - part test laid out by Fry J. in Willmott v. Barber, supra, is obiter to its decision.

Today, in the case of Canada (Attorney General) v. Whaling, 2014 SCC 20, the Supreme Court of Canada pushed back against one small element of the government's «tough on crime» agenda, namely, the retroactive abolition of early parole for offenders already serving their sentences.

Through common law, the courts have adopted a series of elements that must be met in order to successfully pursue a Dram Shop case, more specifically a case that has to do with vehicular injuries.

The Constitutional court (Conseil constitutionnel) validated the legislation by taking into consideration different elements — cases of nationality withdrawal were restrictively enumerated, procedure of withdrawing might be intended only upon a determined time limit, a person should be not left stateless.

Importantly, the court in the case was not persuaded that a plaintiff's privacy interest in her medical records should give way to the «element of surprise» that criminal defence counsel argued was so important to the defence of accused clients.

Last month, an appellate court in Michigan issued an opinion in a premises liability case, finding that the trial court was correct in granting summary judgment to the defendant, due to the plaintiff's failure to present evidence of a required element of her claim.

In the case, Lowrey v. LMPS & LMPJ, the court held that the burden is on the plaintiff to present evidence of each element of a claim, and the plaintiff's failure to show that the defendant had knowledge of the dangerous condition that caused her fall required the dismissal of the case.

Moreover, the Court of Appeal for Ontario has very recently looked at the issue of punitive damages in the employment law context in two cases, Boucher v. Wal - Mart Canada Corp., 2014 ONCA 419 (CanLII), considered by this blog in the post Wal - Mart Rolls Back Award of Punitive Damages and Pate Estate v. Galway - Cavendish and Harvey (Township), 2013 ONCA 669, considered by this blog in the post Wrongful Dismissal Damages Carry Punitive Elements: ONCA.

(2) For the purposes of Chapter II, a case is international unless the parties are resident in the same Contracting State and the relationship of the parties and all other elements relevant to the dispute, regardless of the location of the chosen court, are connected only with that State.