Sentences with phrase «courts of last resort»

Because they belong to the courts of last resort for many cases, state supreme court justices who refuse to abstain often cite this notion.

With the expecting signing this week of a bill to transition West Virginia judicial races from partisan to nonpartisan, the number of states with partisan judicial races for their courts of last resort (usually called supreme court) will decrease down to 8.

Texas has two «courts of last resort»: the Supreme Court for civil matters and the Court of Criminal Appeals.

Only Texas and Oklahoma have two courts of last resort.

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.

There are two state courts of last resort that require supermajorities to strike down laws, but both are because of a constitutional provision, not a mere statute.

It was, once upon a time, yet another legal fiction that appellate courts of last resort were infallible.

This seventh and final installment looks at efforts to change state constitutional grants of rulemaking authority to courts of last resort, typically called the «supreme court», or judicial councils.

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.

The key question now is whether efforts to address impunity through the Court of last resort will encounter a similar fate.

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.

The verdict of the Bundesverwaltungsgericht — one of the five German federal supreme courts and the court of last resort for administrative... Read more →

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

Most state constitutions have explicit language giving the state court of last resort the power to establish rules that are binding on the lower courts and their judges.

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.

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

The vast majority of states either place the membership directly into the constitution (24 states), as Georgia currently has, or the membership is set by the state's supreme court / court of last resort via court rule (10 states).

Arizona has two appellate courts: the court of appeals is the intermediate appellate court and the Supreme Court is the court of last resort.

The Supreme Court of Appeals is West Virginia's highest court and the court of last resort.

The landmark decision is The Matamajaw Salmon Club v. Duchaine, since deceased, [1921] UKPC 94, [1921] 2 AC 426, with the opinion delivered by Viscount Haldane for the Judicial Committee of the Privy Council, at that time the court of last resort for the Empire, overturning a decision from the Supreme Court of Canada, [1919] S.C.R. 223, on appeal from 27 Que.

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.

However, it has sometimes been overlooked that the ICC is a court of last resort.

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.

«It is kind of a court of last resort, or a court of exceptional or extraordinary resort, if you will.

«It is essential that the Law Lords, as the court of last resort, should not even be perceived to have prejudged an issue as a result of communications with the executive.»

The Board has no power or capacity to constitute itself a «court of last resort.»

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.

«With courts struggling to meet extra demand and re-offending rates continuing to rise, the Ministry of Justice must not resort to the populist gimmicks that have characterised the output of the Home Office over the last decade,» Mr Hughes added.

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.

«The Assembly feels so strongly regarding the utter disruptiveness of an August primary that should this Court order one, we would then, as a last resort, be compelled to advocate for a separate state and local primary for September.»

After this third defeat, the Government decided not to oppose a further set of amendments tabled by opponents of the Bill, including ones saying secret trials would be used only as a last resort, and only if the court was unable to use an existing secrecy mechanism, the public interest immunity system.

These methods include applying to have money taken straight out of your wages or benefits, making you bankrupt, securing the debt on your home or, as a last resort, asking the court to commit you to prison.

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.

Stage 0 encourages the parties to view the court process as a last resort and provides free sources of legal advice and information, while stage 0.5 involves a short exchange between the parties to ascertain whether there is actually a legal dispute.

On the other hand, if one is an august body of last resort ignoring its own recent precedents (for example, the Supreme Court of Canada — this has been known to happen (g)-RRB- one apparently gets to claim that it's not necessary to refer to the prior cases because the principles one is about to outline «emerge» from the cases.

As a last resort the court may consider making an order transferring residence of the child (since 22 April 2014, now a CAO specifying with whom a child is to live).

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.»

Made a decision that courts are the place of last resort but that the people I try to help usually end up much worse and much poorer no matter what kind of a job I was doing and I so decided to devote the rest of my career to working with people to resolving conflict outside of the court system.

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 crisis).