Sentences with phrase «courts in this case determined»

The superior court in this case determined the pair were living in a domestic partnership, and had sought to acquire property as though they were married.
Notably, both courts in this case determined that the US, and specifically Billings, Montana, was the child's habitual residence, even though the parties had spent only five days in Billings prior to the child's removal to Canada.

Not exact matches

Timothy Lee Hurst, a convicted murderer in Florida v. Hurst, the case before the court, was deemed fit for capital punishment by one of Florida's courts, even though psychologists determined that he was intellectually disabled.
Florida's state Supreme Court ruled that a defendant in a capital case doesn't have the right to have a jury determine that.
In any case, in addition to the court - determined fair value price, the plaintiff also gets accrued interest of 5 % over the federal funds ratIn any case, in addition to the court - determined fair value price, the plaintiff also gets accrued interest of 5 % over the federal funds ratin addition to the court - determined fair value price, the plaintiff also gets accrued interest of 5 % over the federal funds rate.
Eby said the B.C. government is expecting to announce shortly that it has filed a reference case to the courts to determine if it has jurisdiction over the pipeline in the province.
Undue hardship is a subjective term determined on a case - by - case basis in bankruptcy court.
Today, the Supreme Court finally weighed in on the hotly debated Town of Greece VS. Galloway case, determining that public meetings can start with «religion specific - prayer» (i.e. «In Jesus» name...»in on the hotly debated Town of Greece VS. Galloway case, determining that public meetings can start with «religion specific - prayer» (i.e. «In Jesus» name...»In Jesus» name...»).
The high court has generally taken a case - by - case approach on determining just when the state intrudes unconstitutionally into religion, while generally allowing faith to be acknowledged in a limited basis in public forums.
The jury must determine whether the facts of the case as established by testimony in court fit the legal definition of the offense with which the defendant is charged — a definition likely to be complicated at best, incomprehensible at worst.
Because it is difficult to prescribe such minimum standards, the law prohibits unconscionable conduct, leaving it to the courts to determine in a given case whether the conduct fails to conform to the dictates of good conscience.
In the state of Tennessee, family courts use several factors to determine child custody cases.
In cases where the parents share equal parenting time, the courts may determine that neither parent shall be required to pay child support to the other parent.
National courts and authorities will have to exercise their own faculty of judgment, having regard to the case - law of the Court of Justice, to determine the typical reaction of the average consumer in a given case
We must also determine the significance of recent legislation, relied upon by trial court, which permits joint custody of children in dissolution cases.
This recognition can have substantial practical consequences, for example whether or not treatment is reimbursed by insurance or in determining outcomes in court cases.
The Illinois Supreme Court is considering a case that could determine whether midwives who have not been trained as nurses may deliver babies in people's homes.
In cases where no «better parent» is established and the courts rule in favor of joint custody, parents should work together to determine a parenting schedulIn cases where no «better parent» is established and the courts rule in favor of joint custody, parents should work together to determine a parenting schedulin favor of joint custody, parents should work together to determine a parenting schedule.
I wished that the Chief Justice under this circumstances in my candid opinion could speak to the two members of parliament involved directly with signs of remorse especially when the merit of the case is NOT determined so that they can feel comfortable appearing before her in court otherwise this may NEGATIVELY affect the morale and confidence and trust of the two MPs in the process especially in the CJ going forward and it may lead to a discontinuation of the case since it's only dismissed on technical grounds but not on its merits.
Kareem argued that, going by numerous judicial authorities, some of which he cited on Wednesday, the development implied that Justice Tsoho's court had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay beforcourt had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay beforCourt of Appeal determined the fresh motion for stay before it.
The DOJ has determined in a pair of cases in the federal appeals court in New York that DOMA is no longer constitutional.
The Supreme Court has suspended the case of Nii Armah Ashitey and Dr Zanetor Rawlings at the High Court until it determines a constitutional matter involved in the case.
Court records show that in one case that landed in Shulman's court — involving a high - rise building on York Avenue — Glenwood won a $ 3.4 million reduction in the building's assessment, which is used to determine its tCourt records show that in one case that landed in Shulman's court — involving a high - rise building on York Avenue — Glenwood won a $ 3.4 million reduction in the building's assessment, which is used to determine its tcourt — involving a high - rise building on York Avenue — Glenwood won a $ 3.4 million reduction in the building's assessment, which is used to determine its taxes.
«We have a lot of criminal cases in the circuit court and I don't even know the direction I am going now because I cant meet anybody to even determine when to adjourn proceedings.
(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.
In this case, the Appellate Division of the state Supreme Court determined the candidates had not filed a proper affidavit that contains a statement of the top officer and secretary of the committee affirming the nominating certificates.
«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.
The court (ICC) in determining the case struck out the Application made to it for arbitration because the court has established that the 2006 contract (signed between Waterville and the Government of Ghana) on which basis he (Woyome) is coming to them does not meet their «minimum requirement» because he (Woyome) * is not a beneficiary, not a signatory, and not a party to the 2006 contract signed between Waterville and the Government of Ghana....
This can be done, as Congress can determine the federal courts jurisdiction, and in the case of abuse of authority, limit that authority.
«Where the Court of Appeal lacks the necessary jurisdiction, in the first place, to hear and determine the appeal before it, such as in the instant case, no decision of the court against the competent appeal lies to this cCourt of Appeal lacks the necessary jurisdiction, in the first place, to hear and determine the appeal before it, such as in the instant case, no decision of the court against the competent appeal lies to this ccourt against the competent appeal lies to this courtcourt.
In particular, he hit the governor over his failure to deliver the billions of dollars that the state's highest court determined Albany owed New York City schools in the 2003 Campaign for Fiscal Equity v. State casIn particular, he hit the governor over his failure to deliver the billions of dollars that the state's highest court determined Albany owed New York City schools in the 2003 Campaign for Fiscal Equity v. State casin the 2003 Campaign for Fiscal Equity v. State case.
Legislators, union leaders and activists rallied outside City Hall today to attack Gov. Andrew Cuomo for what they alleged was his failure to honor a Court of Appeals decision in the Campaign for Fiscal Equity v. New York State case, which determined that Albany had shortchanged New York City schools some $ 15 billion.
The High Court in Winneba has ordered the Vice Chancellor of the University of Education, Winneba, Professor Mawutor Avokeh, to step aside until a case brought against him is determined.
In a discussion I had recently about gun rights, someone brought up a United States Supreme Court case in which it was determined that an individual could become disqualified from particular rightIn a discussion I had recently about gun rights, someone brought up a United States Supreme Court case in which it was determined that an individual could become disqualified from particular rightin which it was determined that an individual could become disqualified from particular rights.
In a unanimous ruling, the 11 - member panel of the African Court, ordered Ghana to suspend the seizure of any property belonging to the businessman and «take all appropriate measures to maintain the status quo and avoid the property being sold» until the case was determined.
The Kogi state high Court sitting in Lokoja will tomorrow, 29th June determine the case filed by the member representing Igalamela Odolu constituency in Kogi state...
The court said it reviewed the evidence against all three officials and in each case determined it was «legally sufficient» to establish their guilt «beyond a reasonable doubt.»
Fellow Ghanaians, the conduct of the President after the decision and order of the Supreme Court on 15th November 2016 in publicly casting aspersions on the Court and the beneficiary of the order shows clearly that as the chief looter in this case, the President is determined to prevent the examination ordered by the Court in the absence of strong patriotic public pressure and opinion.
He said that notwithstanding that «the motion for stay of execution of the judgment of the Honourable Justice Nnamdi Dimgba (of the Federal High Court in Abuja) delivered last week in the case of Senator Ovie Omo - Agege v The Senate has not been heard and determined by the Federal High Court, the Senate resolved yesterday to comply with the terms of the judgment».
That wasn't always the case though, as New York's blue sky law was initially weaker than that of many other states, until the New York Supreme Court determined in People v Federated Radio Corporation (1926) that the act's purpose was to «defeat all kinds of fraud in connection with the sale of securities and commodities and to defeat all unsubstantial and visionary schemes in relation thereto whereby the public is fraudulently exploited,» even if the fraud can't be proven to have «originated in any actual evil design or contrivance to perpetrate fraud or injury upon others.»
A Manhattan Supreme Court justice recently ruled that the tenured professor can keep his position until a special hearing is held to determine whether he can stay on, but he has to post a $ 350,000 bond in case he loses so the school can easily recover his salary and other costs if it wins, The Post exclusively reported earlier this month.
U.S. District Court Judge Valerie Caproni has noted throughout the trial that the government's case is built almost entirely on circumstantial evidence, and her instructions to the jury will go a long way in determining how jurors come to assess Silver.
We are confident that judges will take advantage of the AAAS offer to provide a slate of candidates to serve as court - appointed experts in cases in which the court has determined that the traditional means of clarifying issues under the adversarial system are unlikely to yield the information that is necessary for a reasoned and principled resolution of the disputed issues.
In 2013, in a 7 - 1 vote (Justice Elena Kagan recused herself), the Supreme Court sent the case back to the lower courts, saying they had failed to adequately determine that UT's use of race as a factor in its admissions was necessary and that the policy was «narrowly tailored.&raquIn 2013, in a 7 - 1 vote (Justice Elena Kagan recused herself), the Supreme Court sent the case back to the lower courts, saying they had failed to adequately determine that UT's use of race as a factor in its admissions was necessary and that the policy was «narrowly tailored.&raquin a 7 - 1 vote (Justice Elena Kagan recused herself), the Supreme Court sent the case back to the lower courts, saying they had failed to adequately determine that UT's use of race as a factor in its admissions was necessary and that the policy was «narrowly tailored.&raquin its admissions was necessary and that the policy was «narrowly tailored.»
After giving students sufficient time to read and process what appears in the story, the teacher should then inform the students that the parents of the ten year old have hired a lawyer, with the lawyer determined to «take this case all the way to the US Supreme Court
In addition, the Court announced during the closing days of its 1988 - 89 term that it will weigh state restrictions on the right of teenagers to have abortions, and will hear a pair of cases that could determine whether states must pay retroactive income - tax refunds to federal retirees.
The Florida Supreme Court heard oral arguments June 7 in a case that could determine the future of school vouchers in the state and set the pace for school choice policies across the nation.
UPDATE: Dunn has a new article on the Endrew F. case, «Special Education Standards,» released online in April after the Supreme Court unanimously ruled that, under the Individuals with Disabilities Education Act (IDEA), public school students with disabilities are entitled to greater benefits than some lower courts had determined..
Fair use relies on factors that can only be determined on a case - by - case basis, usually in a court of law.
On Monday February 26, the Supreme Court heard oral arguments for Janus v. AFSCME, a case that will determine the future of public sector unions in America...
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