Sentences with phrase «court of last resort in»

McKinnon's legal battle has included a number of appeals to the Administrative Court, which is often the court of last resort in extradition claims.

Until this ruling, the highest court of Massachusetts noted, no court of last resort in the United States had addressed how the attorney - client privilege applies to a law firm's in - house communications concerning an existing client.

Not exact matches

Facts are a first and last resort in a court of law, but when it comes to human relationships, let us first stop and feel before we go to facts.The communication pyramid offers a revolutionary paradigm in our journey to understanding.

He used it in the case of the California grape - pickers «boycott as a last resort, after every other approach, including recourse to the courts, had failed.

Bryan Loritts says, «Facts are a first and last resort in a court of law, but when it comes to human relationships, let us first stop and feel before we go to facts.»

The couple's «last resort» appeal to the European Court of Human Rights (ECHR) in Strasbourg, France, was dismissed on Tuesday.

[The] three departments of the government... being in certain respects checks upon each other, and our being judges of a court in the last resort, are considerations which afford strong arguments against the propriety of our extra-judicially deciding the questions alluded to.

The Local Government Association (LGA) maintained just one per cent of council tax arrears cases ended in court or had bailiffs seizing goods and bankruptcy orders were a last resort.

Memorial Sloan Kettering Cancer Center, housed in magisterial granite and glass high - rises near New York City's East River, is the court of last resort for the desperate and the dying.

In general, the last collection resort for lenders is filing a lawsuit and, if a court judgment is granted, the lender can garnish a portion of the debtor's wages, which may force an eventual bankruptcy filing.

Blazing new ground in a destination emerging as a high - end alternative to nearby Nha Trang, the independently owned and operated 117 - villa and 96 - room resort celebrated its grand opening in April last year, cutting the ribbon on a host of world - class facilities including three restaurants and three bars, a ballroom, conference facilities, water sports centre, yoga room and deck, tennis court, gym, three swimming pools and more.

A court application may be a possibility but keep in mind that court proceedings create tension for everyone (including your child who loves both of you) and should be viewed as a last resort.

If torture is going to be administered as a last resort in the ticking - bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.»

After all, what recourse does a litigant have when the highest court in the land, the court of last resort, gets an opinion wrong?

The efforts by legislators in Arizona and Georgia appears to be part of a larger national trend to alter the number of justices on courts of last resort as detailed here.

Parties are expected to consider courts and tribunals as a last resort to be used in proportion to the nature, time and cost involved, complexity and purpose of the application.

As recognised in the recent Nuffield Foundation / Universities of Warwick and Reading report How do County Courts share the care of children between parents (June 2015) there is a role for the courts, as a last resort, and there should be if the risk of serious harm is to be minimised by scrutiny of courts and other professiCourts share the care of children between parents (June 2015) there is a role for the courts, as a last resort, and there should be if the risk of serious harm is to be minimised by scrutiny of courts and other professicourts, as a last resort, and there should be if the risk of serious harm is to be minimised by scrutiny of courts and other professicourts and other professionals.

The success of mediation is heartening — the resolution of family law disputes through the courts has always struck me as an option of truly last resort — however mediation generally comes at a cost, whereas litigating in the provincial court is usually free.

(iv) Where the court is not satisfied on the basis of the affidavit and the other evidence before it that the right to withhold inspection is established, it may: (a) conclude that the evidence does not establish a legal right to withhold inspection and order inspection; (b) order a further affidavit to deal with matters which the earlier affidavit does not cover or on which it is unsatisfactory; (c) inspect the documents (inspection should be a solution of last resort and should not be undertaken unless there is credible evidence that those claiming privilege have either misunderstood their duty, or are not to be trusted with the decision making, or there is no reasonably practical alternative); or (d) order crossexamination of a person who has sworn an affidavit (however, cross-examination may not be ordered in the case of an affidavit of documents.

Collaborative Divorce has become more common here in Tampa Bay as families and attorneys realize that the court system should be seen as a forum of last resort, rather than first resort, to resolve personal issues.

In this sense, the Court seems to have implicitly confirmed that Art. 4.2 TFEU represents a clause of last resort that allows an exception to the application of the Treaties only when it is not possible to make recourse other provisions such as Art. 6.3 TEU (namely, when at stake there is not a fundamental right, as could be — for instance — the case in the application of an exception to the «strict conditionality» which follows the implementation of the economic and financial measures enacted to counter the economic crisisIn this sense, the Court seems to have implicitly confirmed that Art. 4.2 TFEU represents a clause of last resort that allows an exception to the application of the Treaties only when it is not possible to make recourse other provisions such as Art. 6.3 TEU (namely, when at stake there is not a fundamental right, as could be — for instance — the case in the application of an exception to the «strict conditionality» which follows the implementation of the economic and financial measures enacted to counter the economic crisisin the application of an exception to the «strict conditionality» which follows the implementation of the economic and financial measures enacted to counter the economic crisis).

Without explicitly saying so, the EFTA Court indicates thus that it considers that, while the wording of Article 34 SCA may not foresee an obligation to submit, courts of last resort of EFTA countries may be obliged by the duty of loyal cooperation enshrined in the EEA Agreement to think at least twice before not submitting their questions.

.2: - Orders contemplating non-consensual adoption — care orders with a plan for adoption, placement orders and adoption orders — are «a very extreme thing, a last resort», only to be made where «nothing else will do», where «no other course is possible in [the child's] interests», they are «the most extreme option», a «last resort — when all else fails» — Sir James Munby President of the family courts) in Re B: `

There is no court in any country which is invested with such high powers as this: the constitution has made it the tribunal of the last resort, for the decision of all cases in law or equity arising under it.

The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of TCourt of Criminal Appeals is the court of last resort for all criminal matters in the State of Tcourt of last resort for all criminal matters in the State of Texas.

Orders contemplating non-consensual adoption — care orders with a plan for adoption, placement orders and adoption orders — are «a very extreme thing, a last resort», only to be made where «nothing else will do», where «no other course is possible in [the child's] interests», they are «the most extreme option», a «last resort — when all else fails» — Sir James Munby President of the family courts) in Re B:

Any serious dispute as to whether a package of care is in the best interests of a person should be resolved by the Court of Protection in the last resort.

Justice Skarica declined to exercise this «forum of necessity» or «forum of last resort» exception, since the plaintiff had the opportunity to bring a simultaneous claim in the New York courts before the limitation period expired, as well as an opportunity to have this court's jurisdiction determined prior to the expiry of the New York limitation period, but the plaintiff elected not to do so.

Victim compensation funds are a last resort only in unique situations where court cases are not possible due to some sort of immunity.

Court will always be seen as the last resort; however, we have extensive experience of handling international Court cases which require attendance in the UK and international Courts.

Indeed, the approach in regulatory matters has been that jail sentences were to be a sentencing measure of last resort imposed with restraint by the courts.

In this series of notes on family justice, I have explored a variety of alternatives, from shifting responsibility in family law disputes out of the courts and onto the families themselves, to a partially computerized system that would reserve court as a last resort, to an administrative model that would remove family law from the court system altogetheIn this series of notes on family justice, I have explored a variety of alternatives, from shifting responsibility in family law disputes out of the courts and onto the families themselves, to a partially computerized system that would reserve court as a last resort, to an administrative model that would remove family law from the court system altogethein family law disputes out of the courts and onto the families themselves, to a partially computerized system that would reserve court as a last resort, to an administrative model that would remove family law from the court system altogether.

In Justice Brownstone's best - selling book Tug of War, he says that except for a limited category of situations, going to family court should be a last resort.

The Courts will continue to be viewed as a resource of last - resort for those experiencing family law issues; and, mediation, arbitration and other forms of dispute resolution will continue to increase in demand by the public as they are far less destructive to the family and are more economical.

The Quebec Court of Appeal considered the matter, and accepted the Superior Court judge's application of McNeil that a recalcitrant husband could be jailed, as a last resort (ignoring, completely, the fact that the Court found in McNeil that the husband's contempt went far beyond simply not paying the Judgment).

The ease of publishing on the web means that comments about trial level decisions can show up in the first 10 google hits as easily as comments about tomorrow's court of last resort decision.

In the court's view there can be no legal gap between health and social care provision provided by the local authority under NAA 1948 «as a last resort» since «the secretary of state has put in place a structure which requires the PCT to take account of the social services authority's statutory competence so that the resulting decision will define the services which the social services authority is obliged to provide»In the court's view there can be no legal gap between health and social care provision provided by the local authority under NAA 1948 «as a last resort» since «the secretary of state has put in place a structure which requires the PCT to take account of the social services authority's statutory competence so that the resulting decision will define the services which the social services authority is obliged to provide»in place a structure which requires the PCT to take account of the social services authority's statutory competence so that the resulting decision will define the services which the social services authority is obliged to provide».

Should family court intervention and professional counseling prove ineffective, the realistic option of civil legal action, as a last resort, should be made available in all states as a significant deterrent of future parental alienation behavior.

In discussions with Judge LaRose, I have learned that he believes most families should try to resolve issues related to divorce outside of court, and that they should only resort to a judge imposed decision as a last resort.

Collaborative Divorce has become more common here in Tampa Bay as families and attorneys realize that the court system should be seen as a forum of last resort, rather than first resort, to resolve personal issues.