Sentences with phrase «decisions in those civil cases»

Last week I blogged about some stats on decisions in civil cases at the Ontario Court of Appeal.

CACR 18 Provides legislature may create «redress of grievance» panels to hear appeals of jury verdicts in criminal cases and jury decisions in civil cases.

Our decisions in those civil cases rested on the litigants inability, for reasons beyond their control.

Not exact matches

Lord Carey said that the fact that «senior clerics of the Church of England and other faiths feel compelled to intervene directly in judicial decisions and cases is illuminative of civil unrest.»

The U.S. Justice Department has filed court papers in a New York case arguing that a major federal civil rights law does not protect employees from discrimination based on sexual orientation, taking a stand against a decision reached under President Barack Obama.

«I've talked to Carl Paladino several times, in fact, since the primary and I've explained - we've had very civil discussions -... the Conservatives went to the polls, there was an election I won by a very large margin, (the voters) made their decision, the voters have expressed their point of view in that case,» Lazio told host John Gambling.

Despite getting flak from civil rights advocates over his decision to veto bills that would have legalized specific kinds of pocket knives and offering more state funds to compensate lawyers designated by the court to represent defendants who don't make enough money to afford a lawyer for defense in a criminal case, people roared in applause throughout Cuomo's speech.

Unless tentative decisions are reversed, the final budget will not include an expansion of the statute of limitations in child abuse civil and criminal cases, nor will it include new ethics provisions to address ongoing pay - to - play allegations in Albany or close loopholes that allow certain donors to skirt campaign contribution limits.

He said, «In the course of further review of facts of this case, it transpired that the legal issues arising from the originating motion of the applicant are very recondite and novel as there have not been concrete apex court decisions on them and they also affect and will affect many criminal and civil cases all over Nigeria where the Administration of Criminal Justice Act is being applied.»

«One case, Godfrey v. Spano, stems from the Westchester County executive's 2006 decision to begin officially honoring out - of - state marriage licenses for gay couples the same way it did for heterosexual couples.The other case, Lewis v. New York State Department of Civil Service, was filed after the department agreed in 2007 to begin recognizing out - of - state, same - sex marriages for the purpose of extending health insurance to spouses of public employees.»

These include the behaviour of the Italian government in the aftermath of Chernobyl, the basis of decision - making in civil nuclear power in Switzerland and France, and the controversy over the supposed effects of radiation doses to fathers on their offspring at Sellafield (a large case control study, which has recently been published, contradicts the views in the book), and the Black enquiry into childhood leukaemias in the vicinity of the plant.

The Loving Story (Unrated) Civil rights documentary recounting the events leading up to the U.S. Supreme Court's landmark decision in Loving vs. Virginia, the historic 1967 case declaring interracial marriage legal under the 14th Amendment's Equal Protection Clause.

After winning a unanimous decision in Brown v. Board of Education of Topeka, civil rights advocates spent decades making and re-making the case for school desegregation.

Just as important as all that is the political message Judge Treu's decision sent across the country, that here is a court that views quality public education as a civil right, guaranteed, in this case, by the California constitution.

The unanimous Supreme Court decision in Griggs was prepared to tolerate some overenforcement of the civil rights law in employment cases, lest underenforcement allow too many wrongdoers to escape these rules.

How were the decisions in these two cases victories for civil rights?

In a decision that could start an e-book price war in the publishing industry, a federal judge on Thursday approved a settlement between the Justice Department and three major publishers in a civil antitrust case that accused the companies of collusion in the pricing of digital bookIn a decision that could start an e-book price war in the publishing industry, a federal judge on Thursday approved a settlement between the Justice Department and three major publishers in a civil antitrust case that accused the companies of collusion in the pricing of digital bookin the publishing industry, a federal judge on Thursday approved a settlement between the Justice Department and three major publishers in a civil antitrust case that accused the companies of collusion in the pricing of digital bookin a civil antitrust case that accused the companies of collusion in the pricing of digital bookin the pricing of digital books.

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

Case Wind Farm Location Year Type Decision Cherry Tree Farm Pty Ltd. v. Mitchell Shire Council Cherry Tree Victoria 2013 Civil In favor of wind farm Paltridge and Ors v. District Council of Grant and Anor Allendale East South Australia...

Though REDD + includes an international accountability mechanism, case studies in Brazil and Indonesia, where civil society participated in and challenged land - use decisions, demonstrate that this will probably be insufficient for achieving REDD + goals.

For example, in cases dealing with criminal procedure, civil rights, First Amendment, due process, privacy and attorneys, decisions would be considered liberal when they come down on the side of a criminal defendant, a civil rights claimant, a person seeking access to government information, or anyone identified as an underdog.

The Supreme Court's decision in R. v. Jordan, 2016 SCC 27, gave priority to criminal cases being tried within a reasonable timeline, resulting in criminal cases receiving the majority of judicial resources and civil cases being further delayed.

The Jordan decision has forced governments to give priority to criminal trials, which in turn has resulted in lengthy delays in civil cases.

Thus, although Watson had left civil courts no role to play in reviewing ecclesiastical decisions during the course of resolving church property disputes, Gonzalez first adverted to the possibility of «marginal civil court review,» Presbyterian Church v. Hull Church, supra at 393 U. S. 447, in cases challenging decisions of ecclesiastical tribunals as products of «fraud, collusion, or arbitrariness.»

The decision in SC v. NS serves as an important warning to lawyers working on both sides of sexual assault cases, as these cases frequently have both civil and criminal dimensions to them.

She has been recognized by the Court for her success in winning a prisoner civil rights jury trial, and has secured favorable summary judgment decisions in multiple cases.

-- authored by Circuit Judge Hurwitz [majority decision] and concurring opinion by Circuit Judge Reinhardt; discussed in our Oct. 10, 2015 post: District court in Civil Asset Forfeiture Reform Act case which substantially reduced fee request was reversed based upon its reliance on inapt practice area hourly rates, upon its discounts for plaintiff's attorneys not delegating tasks to associates given that only small firms prosecuted these type of cases, and upon its use of stale prior fee awards involving fee claimant's attorneys.

Civil cases in the criminal division include civil suspensions of driver's licenses, cases involving contested fish and wildlife fines, and appeals of decisions involving traffic and municipal ordinance violatCivil cases in the criminal division include civil suspensions of driver's licenses, cases involving contested fish and wildlife fines, and appeals of decisions involving traffic and municipal ordinance violatcivil suspensions of driver's licenses, cases involving contested fish and wildlife fines, and appeals of decisions involving traffic and municipal ordinance violations.

Outcomes for civil cases would be much improved by the development of standardized decision making trees, as is normal in the medical world.

I suspect that the real heavy lifting in enhancing access to justice is a matter of procedural reform — specialized decision - making bodies with extremely simplified procedural rules for specific civil law issues (something that actually already exists in certain areas such as Landlord / Tenant, but could be further improved upon), wider permissions for over-the-counter motions, fewer unnecessary court appearances, fewer procedurally - mandated appearances (e.g., going from a Case Conference to a Settlement Conference to a Trial Management Conference, and possibly further, before you can get to a family law trial), and so on.

But many others in the blogosphere are critical of the decision, arguing that it will deter firms from handling pro bono cases or prevent civil rights lawyers from recovering fees in these cases.

A decision released yesterday by the Ontario Superior Court of Justice's Divisional Court has overturned a Superior Court ruling that limited when civil lawyers can share compelled medical records and other personal information with defence counsel in the same case.

Rob De Luca, staff lawyer for the Canadian Civil Liberties Association, an intervener in the case, suggests that privacy concerns remain from this decision.

In a recent decision, Madam Justice Mossip stated: «This hearing proceeded in an exemplary manner, and counsel, no doubt with the help of his able assistants at counsel table, has presented a textbook case on a civil trial, in my view»In a recent decision, Madam Justice Mossip stated: «This hearing proceeded in an exemplary manner, and counsel, no doubt with the help of his able assistants at counsel table, has presented a textbook case on a civil trial, in my view»in an exemplary manner, and counsel, no doubt with the help of his able assistants at counsel table, has presented a textbook case on a civil trial, in my view»in my view».

It surprises many people that the investigating police officer's decision on who is to blame is not dispositive in the civil case.

This case has had such a significant impact on civil legal proceedings in the courts in Ontario, including with respect to the access to justice, that it has, in the course of one year since the decision was released, been cited in more than 400 reported decisions of the courts in Canada.

In civil cases, I found that (a) there is a small, but apparently statistically significant, difference between how likely each judge is to rule in favour of an appellant, and (b) there is a very noticeable difference in how long each judge takes to render a decisioIn civil cases, I found that (a) there is a small, but apparently statistically significant, difference between how likely each judge is to rule in favour of an appellant, and (b) there is a very noticeable difference in how long each judge takes to render a decisioin favour of an appellant, and (b) there is a very noticeable difference in how long each judge takes to render a decisioin how long each judge takes to render a decision.

The raw data (after culling the sample cases) suggests that about 6.5 % of civil cases end up with a final decision in the NSW Supreme Court and that in Victoria, about 4 % of civil Supreme cases end up with a final decision being made.

«If the decisions below stand,» he writes, «Canadians may regrettably conclude that it is the state — in this case, through its statutory agent the Law Society of Upper Canada — and not the trial judge [that] has the final say on how a criminal or civil trial is conducted.»

Equally this may be said of the types of cases which reach the Court of Appeal and the House of Lords; hence the domination of «big money» decisions in the ongoing reinterpretation of MCA 1975, s 25 and the rarity of reported cohabitant cases despite increasing numbers of couples choosing to cohabit rather than marry or enter into a civil partnership.

Last July, in Deguise v. Montminy, 2014 QCCS 2672 the Québec Superior Court had occasion to revisit these issues from in Alie v. Bertrand & Frere Construction Co. Ltd., 2002 CanLII 31835, applying the Ontario Court of Appeal decision in that 2002 case to civil law concepts relating to allocation of responsibility among insurers in complex construction and property damage cases.

It is a reality we «often» see in Quebec case law where a judge will quote a common law jurisdiction or even a civil law (Quebec, sometimes France) decision or doctrine without translating it.

As stated in Briggs and Rees Civil Jurisdiction and Judgments (2005) 4th edition at paras 2.02 to 2.07 & 2.105: (i) The fundamental rule was that if a case fell within the Brussels Regulation, the Regulation alone allocated jurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept to a minimum.

This reasoning ignores the fact that these Strasbourg cases have also been applied in other jurisdictions, such as the United States, [27] and the UN Human Rights Committee's landmark 1994 decision on a «right to privacy» within the comparative Article 17 of the of the International Covenant on Civil and Political Rights 1966, in Toonen v Australia.

Last but not least, juridical culture must be changed, including formal basic / changes in part of criminal procedure and civil procedure legislative, to allow prosecutors and judges to engage private professionals, lawyers and attorneys to represent them in asset recovery cases, international legal assistance matters and international enforcement of court verdict and decisions.

Filing civil rights complaints leading to the Quebec Human Rights Tribunal's decision in 2008 against homophobic harassment, which awarded a West - Island gay couple $ 15,000 in damages, and another decision from the Tribunal in 2010, granting the same couple $ 12,000 in damages in another case.

The case of Obergefell v. Hodges - now considered a landmark case in civil rights - gave same - sex couples the right to marry and to enjoy the state - bestowed benefits of joint tax filing, healthcare decision - making as a spouse, equal parental rights, and so on.

two decisions handed down by the European Court of Human Rights on the basis of Article 6 § 1of the European Convention on Human Rights in relation to the application of the aforementioned Article of the [French] Code of Civil Procedure must lead the Case Management Judge to perform a strict review of the relationship of proportionality between the purpose of the text and the potential deprivation of the right to access to the appellate judge that may result from such text;

With regard to (b), the incidence of trial decisions reversed in whole or in part on appeal is high (40 % of civil cases appealed).

The above steps could assist in determining what a reasonable settlement amount might be in a family law case, a civil personal injury case or any area where a body of decisions is available, and awards are typically granted on an established set of criteria.