Sentences with phrase «did upon the court»

I don't suppose it would help to shout out «It's the law of the land, deal with it» as so many people did upon the Court's ruling regarding the legality of Obamacare, would it?

Not exact matches

In the Arizona federal court filing posted by The Register, the John Does said they are suing the companies for «intentionally inflicting emotional distress upon Ashley Madison users.»

«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.

Advocates of a living Constitution did not support or build upon the court's decisions concerning moral reform.

A «neutral» law, the Supreme Court has explained, is one that does not «target -LSB--RSB- religious beliefs as such» or have as its «object... to infringe upon or restrict practices because of their religious motivation» (Church of the Lukumi Babalu Aye, Inc. v City of Hialeah, 508 US 520 [1993]-RRB-.

The Court's logic seems to be that it is permissible to infringe upon the exercise of a constitutionally guaranteed right, so long as such infringement does not prevent the exercise of that right altogether.

If the argument here is correct, the two developments result from some of the same causes: The American kind of church - state separation meant no church monopolized religious symbols; courts were called upon to articulate ultimate purpose and justice; and judges felt little ambivalence in doing so.

The second reason Newdow deserves close attention is that, although the court did not officially rule on the pledge's inclusion of the God - phrase, some justices took it upon themselves to argue in favor of it anyway.

Because the Court does not seem to be disposed to correct this serious error, it is put upon the Congress of the US to perform its duty to support and defend the Con - sti - tu - tion of the US, by the use of its authority to apply checks and balances to other branches of the gov, when abuses of power and the exercise of excesses of power are evident.

Even today, some scholars argue that it did nothing more than declare that the Supreme Court is within its rights in declining to exercise an authority putatively conferred upon it by Congress when such authority exceeds the jurisdiction granted to the Court under Article Three of the Constitution.

If so, should one's view of the proper scope of judicial power, and the legitimacy of judicial supremacy, depend upon the contingent fact that the Court happened to come down the way it did on abortion?

I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by other departments of the government.

The judge asked if I agreed with my attorney, and my attorney had to elbow me in the ribs because he could see my attention was riveted not on the judge but instead upon the bombshell babe doing the court recording.

Family courts in New Jersey can order a custody arrangement agreed upon by both parents unless it is determined that the requested custody arrangement does not serve the child's best interests.

Upon his fresh arraignment which took place on 28th December 2016 Fagboyinbo made the court to know that «Adesina Olajide on the 19th of October 2016 at about 12 mid night, at Ofatedo area in Osogbo did break and entered into dwelling house of Egunlola Adewumi Christiana with intent to commit felony and stealing and thereby committed an offence contrary to and punishable under section 411 (1) of the criminal code 34 vol.

'' [T] he burden in this proceeding is not on Teachout to establish residency, but rather upon the petitioners to establish by clear and convincing evidence that she does not meet the residency requirements,» said the court.

Common issues include not building enough evidence upon investigation to sustain a case and then failing to safeguard the evidence that they do collect, not properly interviewing the victim and the suspect, and allowing for personal information, including past sexual experience, of the victim to be considered in court despite its illegality.

The appeal court added that since the House of Representatives or any chamber of the National Assembly lacked the power to conduct criminal investigation, its report «can not be used to prevent or shield any of the petroleum marketer and supply companies from being investigated by competent investigative authority upon a criminal complaint that it fraudulently received billions of naira as imported petroleum subsidy payments when it did not import or market the petroleum in Nigeria.»

Upon arraignment, the Police Prosecutor, Mr Sunday Ajayi told the court that Ismail on the 1st day of September, 2014 at about 9 am, at suit 205 Olatundun Plaza, Igbona in Osogbo did steal the sum of six hundred and ninety thousands recharge card property of Alhaji Akinkunmi Alabi.

I did so based upon my conviction, that it was wrong to arrest a citizen of Nigeria, lock him up in custody and be boasting that he will not be released or charged to court.

As he did not answer a petition received from the committee earlier in the year, the court punished Griffin «based upon his default.»

Backing his claim with Article 13 of the Constitution which says «no person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the laws of Ghana of which he has been convicted,» the caucus leader and Minister for Parliamentary Affairs said, «I do not think that the constitution, in so far as a matter is criminal, frowns upon the use of force to the extent that it may even deprive some other people of their lives.

Debbie Abrahams, the shadow work and pensions secretary, said: «The increasing numbers of zero points assessments raise real concerns about the accuracy of the assessment process, as do the thousands upon thousands of wrong decisions that are overturned at mandatory reconsideration and in the courts.»

I believe that the case the court relied upon has nothing to do with the circumstances here.

The judge replied: «I hope, Colonel Darrow, you don't attempt to reflect upon the Court.»

She did that all year round on the court against her contemporaries, leaving you to question whether this exhibition event was worthy of such celebration the filmmakers placed upon it.

Caston and the team try to keep her away from Marzin and any evidence they may have on him, lest that evidence become inadmissible in court (That concern, though, doesn't stop Caston from letting Jessica contaminate the actual crime scene upon discovering the body, in a scene that seems to exist solely for a big Acting showcase for Roberts).

Upon application for Judicial Review, the High Court found that Ofsted's complaints process was defective because it did not permit a substantive challenge to the most serious criticisms, namely, when a school was found to have serious weaknesses or requiring special measures.

The amici call upon the Fifth Circuit to read existing federal regulations on IEEs in a manner that does not permit parents «broad license... to contest every criterion that they assert limits their personal preferences in obtaining an IEE,» but rather that the Court ensure that publicly - funded IEEs meet professional standards of quality, comprehensiveness, and consistency to ensure their validity and reliability.

He stated, «I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and courts.

The Superior Court's sweeping ruling stated that Connecticut does not fund its schools in a way that provides a minimally adequate education for all students as constitutionally required, and called upon the General Assembly to construct a new funding model within 180 days.

(b) If the respondent named in a charge filed under section 706 fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709 (a), or if any person required to comply with the provisions of section 709 (c) or (d) fails or refuses to do so, or if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, have jurisdiction to issue to such person an order requiring him to comply with the provisions of section 709 (c) or (d) or to comply with the demand of the Commission, but the attendance of a witness may not be required outside the State where he is found, resides, or transacts business and the production of evidence may not be required outside the State where such evidence is kept.

In the latest blow to Apple, Dutch court has ruled the Samsung Galaxy Tab 10.1 does not infringe upon Apple iPad's design patents.

It is important to note in this context also that the court did not impose the duty - of - fair - representation standard of bad faith upon the union in Emporium Capwell.

Because Congress passed Title VII out of a profound distrust of events taking place across the bargaining table — a concern which has been buttressed by the record of many unions in the federal courts since 1965 — the presumption in these cases should be that the bargaining agent is not doing its best to eradicate discrimination, and the burden should rest upon such a labor organization to show otherwise.

Florida resident Thomas S. Ross on Monday filed a lawsuit with the Florida Southern District Court alleging that Apple infringes upon his unpatented 1992 submission of an «Electronic Reading Device» that does imagine a device not dissimilar to the Newton, and is seeking $ 10 billion in damages and a 1.5 percent royalty on all of Apple's iOS devices.

A German court on Tuesday ruled that Motorola's original Xoom tablet does not infringe upon a patent covering the design of Apple's iPad, Fox Business reported.

Note that a child does not automatically become a ward of the court upon being incarcerated.

It could be that pastors, more authorities on the bible than bankruptcy codes, do not necessarily understand the dynamics of chapter 11 bankruptcy which, more often than not, results in an administrative reorganization and creation of a debt repayment schedule jointly agreed upon by the church, creditors and the courts.

Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Depending upon the custodial agreement, the custodian could follow the court's ruling, wherein the divorce decree may declare that all marital property is split as indicated and named in the document, with no other splitting to be done.

If the New York Embossed Notary Seal does not appear on the affidavit attached to the Summons, the attorney who filed it has «entered fraud upon the court» right then.

The district court may, at any time, remove from the approved list under subsection (a) a nonprofit budget and credit counseling agency upon finding such agency does not meet the qualifications of subsection (b).

A majority of Canadian courts do not publish their decisions on their web site, in part due to the fact that court decisions are routinely screened, commented upon in the form of headnotes and made available to members of the legal profession by commercial publishers.

After he successfully defended one such driver last year when the court ruled that the ticket had nothing to do with the statute being relied upon, that client turned into the lead plaintiff in a putative class action lawsuit that Jones recently filed attacking this type of enforcement.

Here's hoping that the sisters decide to take it upon themselves to do what Judge Cynthia Swienton lamented the court could not:

Technically, Ms Chávez - Vílchez could thus derive a residence right, unless the national court found that she did not fulfil the Directive's requirements for the lawful entry into a Member State — relevant here is Article 5 (1) and (4) of the Directive requiring the TCN family member to have valid travel documents upon entry.

This is particularly relevant as the EFTA court has been called upon to adjudicate rights analogous to those found in primary and secondary law, but with the explicit caveat that the concept of citizenship of the European Union does not apply to nationals of EEA states.

This court finds that Plaintiffs» standards have not entered the public domain upon their incorporation by reference into federal regulations and do not lose their copyright protection.

«Legal researchers do not have to satisfy the world's hunger for information, they have to satisfy the court's expectation of presenting authoritative information that can withstand the challenges of a system that relies upon that authority to drive the decision it makes.»