Sentences with phrase «court viewed this case»

The district court failed to understand the individualized nature of the inaccuracy question before it because the court viewed this case as a close cousin of the FCRA class this Court approved in Stillmock v. Weis Markets, Inc., 385 Fed.

Not exact matches

«Keeping in view the facts and evidences in the case, I sentence Shiv Kumar Yadav, to rigorous life imprisonment,» Additional Sessions Judge Kaveri Baweja told the court.

Current views on whether an asset is a security tends to follow the «Howey Test,» which comes from a 1946 U.S. Supreme Court case.

So, basically, the vast majority of evidence suggests that you can't use this «loophole» for 2017; however, there is a small minority view / some small amount of belief that this treatment would work for 2017 taxes and it is worth noting that I'm unaware of any court cases directly testing this approach.

In some cases a Court may take the view that a party should exhaust this local or domestic remedy before applying to the Court.

I said it to hotair already, but I will expand it a bit for you: what is evidence for some is not accepted by everyone; just as in a court case, some jurors are convinced with very little evidence while some people can not be convinced of something no matter how much evidence there is... much of this comes from how you were raised and your own personal world view, for many people God does not fit into their world view so whatever evidence there is they close their eyes and say, «No, I don't believe that!»

The High Court is hearing the case of Felix Ngole, a Christian student who was expelled from university for expressing his Christian views on same - sex marriage on Facebook.

Regardless of points of view, the Wall Street Journal reports that the Justice Department is already «pursuing court orders to force Apple Inc. to help investigators extract data from iPhones in about a dozen undisclosed cases around the country, in disputes similar to the current battle over a terrorist's locked phone...»

From the Court's point of view, the case had nothing to do with the First Amendment — and if it had, Hobby Lobby and its owners might not have prevailed.

The court never decided who had ultimate say over Ryan's care, his parents or medical professionals, because his treatment was transferred to a different doctor who did not view his case as futile.

The court expressed «no view on the merits of the cases» and pointed out that it did not decide whether «religious exercises has been substantially burdened, whether the government has a compelling interest, or whether the current regulations are the least restrictive means of serving that interest.»

Absent such a change in canon law, a bishop seeking to dismiss a priest will have to convince a canon court that the case warrants dismissal, and thus the zero tolerance policy amounts to nothing more than a declaration by the bishops that, because in their view all cases of sexual abuse warrant dismissal from the clerical state, they intend to seek this penalty in all cases.

In reflecting upon Vashti McCollum's death, J. Brent Walker, executive director of the Baptist Joint Committee for Religious Liberty, told the CENTURY: «The 1948 case that bears her name set the tone for the Supreme Court's view on the proper relationship between church and state in public schools.»

And after viewing depictions of sexual violence, subjects in simulated court cases are more likely to blame victims and less likely to convict offenders.

Mr Evans, from Liverpool, who is conducting the court case without representation from lawyers, questioned one of the consultants caring for Alfie on Tuesday, saying he was asking from a «Catholic point of view».

In both cases, the NLRB found that the institutions were in its view insufficiently religious to be exempt under the Supreme Court's holding in NLRB v. Catholic Bishop of Chicago.

«The First Amendment,» he argued, «does not authorize Congress to pick and choose the persons or entities or the organizational forms that are free to exercise their religion» — a view that was later affirmed by the U.S. Supreme Court in the Hobby Lobby case.

In a December 3, 2017 order dismissing the case that is likely to be viewed with some relief by many dairy companies, US district judge Katherine B Forrest agreed with Dannon, noting that a court handling a similar false advertising lawsuit about «non-GMO» claims on dairy products fed GM feed (Gallagher v. Chipotle Mexican Grill) rejected a similar claim at the pleading stage.

I do not think he is corrupt (at the moment) but from my point of view it certainly looks like bias.Also I doubt he would want to take the point many people are making (that he cheated) into a court and open what would be a very public discussion.Irrespective of the result the ramifications of such a case would be far reaching indeed and would maybe result in a fair system where footballers and not referees affect the outcome of football matches.

While this is certainly not the case for every family, past rulings suggest that many New York courts view joint custody as being in the best interest of the child.

He said the call became imperative in view of a case currently pending before the Supreme Court between Lagos State Government Attorney General and Attorney General of the Federation.

The Erie County E-Filing Protocols may be found here, at the 8th Judicial District website, and at New York State Courts» Electronic Filing (NYSCEF) website when viewing a case.

This intriguing revelation by the ICC didn't come as a surprise to some of us who have been following this case since 2010 and have always been of the view that the Supreme Court of Ghana erred in linking Mr.Woyome's claims for works done for the state in 2005 to a waterville contract in 2006 on which basis it asked Mr.Woyome to refund all his entitlement paid him.

While some view the involvement of the ICC as an unwelcome infringement on Kenya's sovereignty, the fate of Muthaura's case serves as a reminder of how much the Court relies on cooperation in order to function, not only of the accused, but also of the Kenyan Government.

... than would be applicable in a criminal case, since people are assigned the office of President for the benefit of the country, not the benefit of the people serving the position, and as such removal from office might not be viewed as a «punishment» akin to those meted out by criminal courts.

The case law regarding aerial surveillance was settled decades ago when the Supreme Court ruled that viewing objects in plain view from the air but not the ground (like a marijuana patch hidden behind a high wall) did not constitute a «search» that cops need a warrant to perform.

This view of the Supreme Court in construing Article 181 (5) was applied in the case of Balkan Energy in respect of another Power Purchase Agreement that did not receive parliamentary approval or ratification.

Legal Practitioner, Tsatsu Tsikata, has explained that he could not support his onetime partner in law, Nana Akufo - Addo, in the election petition case, because in his view, the NPP's case for which it went to court to challenge the results of the 2012 election, was «pathetic» and lacked merit.

However the court views the two cases, it seems increasingly likely that a decision striking down districts won't result in any changes this year.

Describing the suit as abuse of court process, Justice Ademola said «It is the view of the court that the case constitutes an abuse of court process.

The high court wanted the Charities Commission to reconsider the case but it soon decided that religious views did not exempt charities from complying with the legislation.

«The proper procedure was for a suit to be filed at a court or tribunal which had jurisdiction over the claims of the parties, and if that court in the course of determining the case took the view that the said issue was one of interpretation, that court will refer the issue to the Supreme Court according to article 130 (2) of the 1992 constitution», he acourt or tribunal which had jurisdiction over the claims of the parties, and if that court in the course of determining the case took the view that the said issue was one of interpretation, that court will refer the issue to the Supreme Court according to article 130 (2) of the 1992 constitution», he acourt in the course of determining the case took the view that the said issue was one of interpretation, that court will refer the issue to the Supreme Court according to article 130 (2) of the 1992 constitution», he acourt will refer the issue to the Supreme Court according to article 130 (2) of the 1992 constitution», he aCourt according to article 130 (2) of the 1992 constitution», he added.

Their plea was not taken by the court in view of the fact that the charges are preliminary and the full facts of the case have not been gathered.

When the appeals court overturned Silver's corruption conviction, it said that many people would view the facts that came out in the case «with distaste,» but the instructions to the jury did not track with the U.S. Supreme Court's decision in 2016 in a corruption case against former Virginia Gov. Bob McDoncourt overturned Silver's corruption conviction, it said that many people would view the facts that came out in the case «with distaste,» but the instructions to the jury did not track with the U.S. Supreme Court's decision in 2016 in a corruption case against former Virginia Gov. Bob McDonCourt's decision in 2016 in a corruption case against former Virginia Gov. Bob McDonnell.

The court held that the case is an abuse of the court process in view of the earlier judgment of the court in 2002 which upheld the sanctity of the rights of the Minister to issue licences to places of worship to conduct marriages, and the Registrar under the Marriage Act to register marriages.

Calls on the Commission, by the end of 2013, to submit a legislative proposal establishing an effective and comprehensive European whistleblower protection programme in the public and in the private sector to protect those who detect inefficient management and irregularities and report cases of national and cross-border corruption relating to EU financial interests and to protect witnesses, informers, and those who cooperate with the courts, and in particular witnesses testifying against mafia - type and other criminal organisations, with a view to resolving the difficult conditions under which they have to live (from risks of retaliation to the breakdown of family ties or from being uprooted from their home territory to social and professional exclusion); calls also on the Member States to put in place appropriate and effective protection for whistleblowers.

«In our view, following the previous decision of this court in the Abu Ramadan case (supra) by which the use of the cards for registration was declared unconstitutional, the continued presence of names on the register that derive their identification from the said cards renders the register not reasonably accurate or credible.

The Delta Force case was viewed as the perfect avenue for the government to send a strong message to such acts, especially during the first court appearance of the 13, where escaped from lawful custody, after eight of their compatriots sparked confusion in the court in protest of the Judge's ruling that the 13 be remanded and not given bail.

He views them more as a «temporary mechanism» before the teens» cases are ultimately addressed in family court.

Following this, they prayed the court for another adjournment with the view that the case would be resolved by then.

«Persons in the Sheriff's Department viewed Steve Broderick as a potential candidate for sheriff and sought to discredit him, and used this case to do it,» charged Ronald Winter, the law clerk to State Supreme Court Justice Richard C. Kloch Sr..

In view of the development, the judge adjourned the case till January 23, 2018 and directed the EFCC to file an affidavit to convince it that there were no pending lawsuits relating to the funds before other courts.

«Consistent with the urgings of the state and its supporters, the court declines to view the auction as either a tax or as traditional regulatory fee of the type set forth in the landmark Sinclair Paint case,» said Cara Horowitz, co-director of UCLA's Emmett Institute on Climate Change and the Environment.

Search our records and documents to view detailed case (cause) information including court, costs, location, documents, party information, and more.

We already got a preview to the court's view on benefits in an earlier case, Kanerva v. Weems, where the court ruled that retiree health care benefits are constitutionally protected.

Many are viewing Thursday's Supreme Court affirmation of the Fifth Circuit's decision to allow University of Texas to consider race in admissions in the Fisher v. University of Texas case as a victory.

Remarkably, in some of the most high - profile cases the court ever heard — namely, cases involving race - based affirmative action — Scalia never offered an originalist defense of his views.

The lawyers offered those oppos ing views as the High Court took up Lehnert v. Ferris Faculty Association (Case No. 89 - 1217), a case being L watched closelCase No. 89 - 1217), a case being L watched closelcase being L watched closely...

The analysis of Articles of the ECHR relevant to the issue and particularly Articles 9 (Freedom of religion) and 2 of Protocol 1 (right to education), the citation of the related case law and my personal experience, help me answer whether the right of a Muslim woman to be educated, work as a teacher, believe and manifest her religious views is being deprived by her decision to follow the Islamic dress - code or by prohibition - laws passed by European states and approved by the European court of Human rights (ECtHR).

- Court Case: Defending a Text, and Room 101 - to enable students to demonstrate that they can: «Provide reasoned justifications for your views, Explain and discuss and understanding of what has been read, including through presentations and debates, maintaining a focus on topic.»