Sentences with phrase «court made an error»

Appeals against sentence: An appeal judge may allow an appeal against sentence only if the trial court made an error in principle, failed to consider a relevant factor, overemphasized a factor, or imposed a sentence that was clearly wrong.

Not exact matches

«Now the appellate court will need to review errors» made by the judge, attorney John Beisner said in an e-mailed statement.

George Weigel's essay offers valid points about the importance of the U.S. Supreme Court's decision in Griswold v. Connecticut (1965), but he makes two errors.

«At one time we had three freshmen on the court and those guys are going to make some errors, but we're starting to trust them more,» Fox said.

«The Supreme Court has made a big error,» he said.

«The commission could be waiting for the Court of Appeal to make a pronouncement on the issue and correct the error.

The court stopped short of determining whether or not the FWS should have completed an EIS because it said the errors in the service's assessment made it unclear whether or not the orders would have a significant effect on the environment.

Damasio: When people testify in court, they make all sorts of errors and inversions of time sequences because memory is not like a filmic medium.

Even where measurement error and the Flynn effect are not invoked, a court may have to make sense of a confusing array of results from different tests.

The government might apply to the Court of Appeal over a High Court judge's ruling ministers made an error of law over the new religious studies GCSE.

The education secretary made «an error of law» in leaving «non-religious world views» out of the new religious studies GCSE, the High Court has ruled.

Mark Tallman, a lobbyist for the Kansas Association of School Boards, said the House's proposal does seem to resolve the $ 80 million error, but it remains unclear what the Kansas Supreme Court will make of the $ 530 million infusion.

«We contend that the primary judge made a series of fundamental errors in her disposition of the interlocutory application,» lawyers representing Samsung said to the appeals court judges.

You'll want to make sure there are no errors or inconsistencies in your credit report before you go to court.

I have made an error in assuming the spartareport was about Mr. Steyn's U.S. District Court case.

In its decision, the Ontario Court of Appeal noted the trial judge «made many errors» stating the original interpretation did not take into consideration that a two - step process involving consultation by both the province and the federal government is unnecessary, as the treaty right is protected.

On the other hand, the Court held that the Commission made a manifest error of assessment in relation the three of the eight documents, including a document that considered the question of whether Greece could «apply the inadmissibility procedure before carrying out the Dublin procedure».

The Appeal Court ruled in her favour, finding that the motion judge had made several procedural errors.

This month, Mark Zuckerberg admits that his social network made mistakes that led to the exploitation of data by political consultancy Cambridge Analytica; China passes a law to allow current president Xi Jinping to rule for life; damning book by «secret barrister» tells of courts plagued by daily errors leaving them unfit for purpose; and a court has ruled parents do not need to lie about the Easter bunny.

The Court of Appeal disagreed that the trial judge made this error.

If the arbitrator had made an error (which the High Court held he had not) this would not have constituted an action in excess of his powers but rather an error in the interpretation of s. 59 (1)(c).

The court decided that the arbitration board made errors when it:

Summary: The respondent requested the Court to amend the award alleging that the tribunal had made a procedural error that affected the outcome of the case.

The Divisional Court therefore overturned the trial judge, finding that there was an error in failing to enforce the clear terms of the employment contract that the plaintiff had signed that made reference to a probationary period of 6 months.

This appeal considered, where a deprivation or forfeiture order is wrongly made during a period of postponement of confiscation proceedings (contrary to Proceeds of Crime Act 2002, s 15 (2)-RRB-, whether the effect of s 14 (12) is that a subsequent (and substantial) procedural error may in itself deprive the court of jurisdiction to make a confiscation order.

Further, a trial court's abuse of discretion can be based on making an error in law.

VANCOUVER — Today, in Trinity Western University and Brayden Volkenant v. Law Society of British Columbia, the BC Supreme Court found that the Law Society of BC made procedural errors when it decided to deny the accreditation of a proposed law school at Trinity Western University.

For immediate release — December 10, 2015 VANCOUVER — Today, in Trinity Western University and Brayden Volkenant v. Law Society of British Columbia, the BC Supreme Court found that the Law Society of BC made procedural errors when it Read More

The Supreme Court of Canada has been feverishly productive in the field of administrative law since the Fall of 2011, rendering decisions on standard of review (questions of law, jurisdictional error and labour arbitrators), the right to reasons, issue estoppel, attempts to pre-empt the administrative decision - making process, and review of municipal by - laws.

Examples include, (1) the lower court made a serious error of law, (2) the evidence did not support the verdict, or (3) lower court abused its discretion in rendering a ruling.

If the court or DA would have insisted upon a drug test had it not been waived by defense counsel, and the defendant would have failed it if they had insisted, even if the defense lawyer made a mistake, it was probably a harmless error, and relief would not be available.

The Ontario Court of Appeal, MacPherson, J.A., dissenting, held that the trial judge misdirected the jury on the use it could make of the accused's post-offence conduct and the error was fatal to the conviction.

Not only was the Registrar not in contempt in this case, but Justice Burrows was «doubtful... that the Registrar should ever be held in contempt when he makes an error in carrying out instructions contained in a court order like the consent order» (at para 74).

The Court of Appeal concluded that the original trial judge had not made an error in characterizing the dispute:

He noted that many Land Titles Act, RSA 2000, c L - 4 provisions require the Registrar to exercise his judgment, that there is no suggestion in the Act that if he makes an error in exercising his judgment that he violates the Act, and that there is a process in section 184 of the Act for referring issues to the Court if someone thinks the Registrar has made an error.

The Supreme Court of Canada, in a 7:2 split, found that errors were made at both the trial and appellate level and ordered a new trial.

The error by the lower court: The Court of Appeal decided that the judge below made errors when she set aside the order of the inquiry commicourt: The Court of Appeal decided that the judge below made errors when she set aside the order of the inquiry commiCourt of Appeal decided that the judge below made errors when she set aside the order of the inquiry committee.

The Court of Appeal found that the trial judge made an error of law by ignoring the legal doctrine that an agreement that is signed in counterparts forms a binding agreement as demonstrated in Foley v R., [2000] 4 CTC 2016 (TCC).1

If the district court decision relies on factual underpinnings, however, such as evidence concerning the «background science or the meaning of a term in the relevant art during the relevant time period -LSB-,]» it should make specific factual findings and those findings are subject to review for clear error:

The Court of Appeal found that trial judge made palpable and overriding errors of fact and an extricable error in law that justified intervention vis - a-vis the above - noted agreement.

The Court of Appeal found that the original trial judge did not make an error in applying the test, or in concluding that the breach of contract by the employer did not constitute a «substantial alteration to an essential term of the contract» or «an intention not to be bound by the contract».

If a court finds that the document you made and signed on our site is not legally enforceable because of an error made by Rocket Lawyer, we will make it right.

In this context, Getchell's error may be the best reason to ensure that he gets the nomination: Maybe his personal experience will motivate him to change the courts» archaic and costly methods of making transcripts available once and for all.

The Bar Standards Board (BSB) has issued an unprecedented apology this week to leading silk and Deputy High Court judge Khawar Qureshi QC for «significant errors and avoidable delay» in handling unfounded allegations made against him.

In the unanimous decision, the appeal court agreed that Judge Lenehan had made several errors in law.

With respect to the second issue, the Court of Appeal determined the Trial Judge made no error.

There are three types of errors a trial judge can make to make the BC Court of Appeal overrule the judgement:

The Court can determine, for example, whether a lawyer's advice was sufficiently accurate, whether the lawyer made an unacceptable error such as missing a governing statute or Supreme Court decision, or if the lawyer failed to take appropriate steps to protect a client's privileged information.

In addition, the court described Gisriel's handling of the check hubris, a final culmination of many other errors he'd made in the underlying case.

Headlines in the IP news highlight victories skilfully won in court but regardless of the skill and experience of the litigators, certain errors or omissions made by the drafters may be irrecoverable, while stoutly created rights should withstand all slings and arrows, however outrageous.