Sentences with phrase «court is presented with»

On the one hand, a permissive stance toward new arguments by tribunals on appeal serves the interests of justice insofar as it ensures that a reviewing court is presented with the strongest arguments in favour of both sides... This remains true even if those arguments were not included in the tribunal's original reasons.

The court is presented with pleadings which are hand written, and may be indecipherable.

Thus, if an appellate court is presented with an issue that was raised for the first time on appeal, the party making the argument should be prepared to explain why the argument was not presented below.

Since summary judgment is only appropriate when the moving party is entitled to judgment as a matter of law, when a court is presented with conflicting or contradictory theories, summary judgment is not appropriate, and the case should be presented to a jury for resolution of the contested facts.

An order of court could only be made if the court is presented with either a motion ex-parte or motion on notice which the court hears and makes appropriate order (s) as deemed necessary.

[FN90] More recently, the same court was presented with the issue of whether Volusia County's beachfront lighting ordinance harmed the turtles.

Every day common law courts are presented with «unprecedented» questions which, as they are resolved, settle the expectations of those similarly situated and, thanks to the newly minted precedent, provide genuine guidance for future behavior.

[20] The Court was presented with three possibilities for recognizing the journalist - source privilege in the context of a criminal investigation: a constitutional privilege rooted in s. 2 (b) of the Canadian Charter; a class - based privilege, analogous to solicitor - client privilege; or a privilege recognized on a case - by - case basis according to the four - factored Wigmore framework.

The insured argued in its appeal that the court was presented with a «much - needed opportunity for this Court to address, explain, elaborate, clarify and provide guidance to the public as well as the Bench and Bar when litigating and addressing the question of validity and challenges to insurance appraisal awards.»

Not exact matches

«Sir Cliff looks forward to the point at which a judge can make a decision based on the evidence he or she will be presented with in court.»

I'm sure biblelife.org, AIG, ICR and the other websites can provide you with creationism's record when given the opportunity to present their «evidence» to impartial federal courts...

Baltimore (CNN)- Shortly after becoming the nation's 112th Supreme Court justice, Elena Kagan by tradition was presented with a silver cup, engraved with the names of those who preceded her in that particular seat.

It is «argue» — and these days when we use the word in the street it doesn't mean «present our case,» as when one argues a case before the Supreme Court; rather, it is synonymous with «fight.»

Both in England and in America at the present time we appear ready to recognize that the good offices of courts and other public institutions may help to save many marriages which are threatened with collapse.

These priestly directions for instituting the Covenant are presented as coming from Moses and Sinai, and detail the building of the Temple as modeled on the Tabernacle, with descriptions of the Ark, table, lampstand, altar, court, nightlamp, priestly apparel and other more minor items, and culminating in a priestly emphasis on the Sabbath law as absolute.

This effort, like that of the NCBCPS, relies heavily on the distinction made by Justice Thomas Clark in the 1963 Supreme Court decision forbidding devotional reading of the Bible in public schools: «Nothing we have said here indicates that such study of the Bible or of religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment.»

Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 This case was not a competition law case; however it related to the common practice of parties agreeing with regulators on appropriate penalties to present to the Court.

After completing the necessary processes with the California Courts to enforce the judgment, the Company has received and presented definitive legal documents from the California Court to the escrow agent at the bank clearing the way for the release of funds and expects that the US$ 1.9 million will be released to the Company before the end of the month.

It almost seems as if Alexis Sanchez is in the news every minute of the day at present, with the latest reports claiming he is due in court for speeding.

That night Walton is on the basketball court at a San Diego high school, along with several other present and former Clippers, Nater, Kevin Kunnert, Kermit Washington and Freeman Williams; Paul Westphal and Joel Kramer of the Phoenix Suns, who are summering in San Diego; Walton's friend and Ernie's son, Kiki Vandeweghe, who plays at UCLA; and some local players.

Courts usually back the rule that what a parent does when she is with her child is her business, no one else's, other than when true abuse and / or neglect is present.]

If parents ignore the opportunity to present a shared parenting agreement, or are unwilling to iron out a reasonable agreement (with or without the help of other professionals); the Court will typically refer to the standardized Alabama Child Support Guidelines to determine the amount of financial support.

If parents ignore the opportunity to present a shared parenting agreement, or are unwilling to iron out a reasonable agreement (with or without the help of other professionals); the Court will typically refer to the standardized DC Child Support Guidelines to determine the amount of financial support.

Such was the case with Queen Victoria, although things probably changed in the 20th Century with the births of Princesses Elizabeth and Margaret Rose - although, all of the court and family were no doubt present for the baptisms.

Thereafter, I contacted Gary Direnfeld, MSW, RSW, asking if he might be interested in submitting a proposal to present with me at the Association Of Family And Conciliation Courts Annual Conference that would be taking place in Toronto, Canada in May 2014.

An election petition relating to the allocation of seats by the Electoral Commission under sections 191 to 193 may be presented to the Court of Appeal in accordance with sections 258 to 262.

An election petition relating to the return of a member of Parliament representing an electoral district or the failure to present a return at an election for a member of Parliament representing an electoral district shall be presented to the High Court and determined in accordance with sections 230 to 257.

In accordance with convention, she was appointed as Queen's Counsel, although she had previously had no rights of audience in the higher courts, did not obtain them and never presented a case during her time as Solicitor General, or at all.

Last week's High Court decision means that MPs are likely to be presented with a vote for triggering Article 50 at some point in the new year.

This decision was reaffirmed in 2008 by Suffolk County Court in the case of Colaiacovo v. Dormer with Judge Gary J. Weber stating, «Simply put, the State of New York and its agencies are no longer in a position to require that a handgun be stored in an inoperable condition or otherwise locked up if it is otherwise legally present in the owner's dwelling.»

Cancelling the program would come with costs of its own: Some 250,00 Essential Plan members are legally present immigrants at or below the poverty line who are entitled to health coverage under state court rulings.

«I have no personal relationship with Kanu but I have been consistent in drawing attention of Nigerians to the trend of not regarding court orders and rulings by the present Federal Government.

At present, those who sign up to tax avoidance schemes pay what they think they can get away with, and then it is up to HMRC to claw the full amount back through the courts — which can take years.

At an earlier sitting on Tuesday, May 17, 2016, the defence had present Ifeanyi Odenigbo, a consultant with Q - time Nigeria Limited, who had told the court that, there was a remittance of N450million from the Office of the NSA to Destra Nig Limited; the source of which he said was not made known to him.

Lawyers for Abu Ramadan, former National Youth Organizer of the People's National Convention (PNC), have rejected the list of 56,000 persons presented to the Supreme Court by the Electoral Commission, as the full list of persons whose names were captured on the voters» register, with the National Health Insurance Scheme (NHIS) card as proof of Ghanaian citizenship.

Present at that meeting were Mangano, Venditto, Singh, then - town attorney Leonard Genova, then - deputy town attorney Frederick Mei and two attorneys with Mangano's former law firm of Rivkin Radler of Uniondale, the prosecutors said in court papers.

New York's court system is presenting the state archives with a wealth of historical records, including documents related to Alexander Hamilton and Aaron Burr.

«I observed that, during the vetting process of Justice Sophia Akuffo in Parliament, on Friday, June 16, he, together with other members of the Supreme Court, were present in Parliament to lend their support to her nomination.

Also testifying, Abdulkadir Idris Wakili, a staff with the budget office of the federation, who had earlier been subpoenaed with respect to the certification of budget of the Nigeria Navy said, «I was in court to present the certified true copy of the budget of the Nigerian Navy for 2013 and 2014».

Justice Abba Aji in his judgment said, since, evidences and exhibits presented before the court have shown that the elections in the said polling were marred with irregularities and the number of registered voters from the affected polling units if they were not disenfranchised can change the outcome of the election, the right thing to do is to have a fresh election in the polling units.

Cuomo must make clear that he expects the commission to present him with a broader sampling of New York's legal minds — including a fair share of jurists who may be more philosophically conservative than he is — then pick the best, brightest and most balanced court he can find.

But I think anyone who is reasonable — who understands that national security matters, who understands that being able to present intelligence in court matters — I think they will find favour with these proposals.»

President Barack Obama of the United States has been formally presented with over 4,000 signatory petition, demanding President Muhammadu Buhari to resign from office if he continues to ignore court orders and, as such, refuses to uphold the constitution of Nigeria.

Those cases, they argue, declared the use of NHI cards for the purpose of registration to vote as unconstitutional, and so the Supreme Court was wrong in treating registration with those cards in the present case as essentially voidable, and not void.

9.30 pm Flicking through the auction brochure, Mr Steerpike is amused to find a «political donations guide» reminding the oligarchs present that they're not allowed to use tonight to bribe their way on to a tennis court with Boris Johnson.

State Supreme Court Justice Joseph Teresi ruled in favor of David Paterson this afternoon, declaring that when the governor calls a «special session,» every member of the 62 - person State Senate must present him - or herself at the same time — not, he noted, in the Democrat - Republican shifts with which they've been handling the situation thus far.

No arrest has as yet been made in connection with the court disturbances, although some police officers were present at the Ccourt disturbances, although some police officers were present at the CourtCourt.

Equal Powers with the Rajya Sabha in impeachment process (initiating and passing a motion for the removal) of the judges of the Supreme Court and the state High Courts (by a majority of the membership of the House and at least two - thirds majority of the members present and voting), who then can be removed by the President of India.

Vacco explained that the order sets up a process so that representatives of both campaigns can be present for the counting, and allows for a structured way to file objections to any special ballot with the court.

Dr. Robert Taub has been ordered to appear in Manhattan federal court with records involving «grants received, awarded or applied for from 2000 through the present,» and «referrals provided to law firms, including... Weitz & Luxenberg,» the firm with which Silver was affiliated.