Sentences with phrase «dissenting judge»
A "dissenting judge" is a judge who disagrees with the majority opinion in a court case. They express their alternative viewpoint and reasoning in a written opinion. Full definition
A lone dissenting judge in Goodwin warned for the need of greater judicial oversight in order to protect the public's right against unreasonable seizure, and Mackey says that too is a welcome compromise when it comes to curtailing impaired driving.
canadianlawyermag.com
This position was not agreed upon by dissenting Judges Lord Kerr and Lady Hale.
Three dissenting judges found no violation of Art. 6 ECHR, because they assumed that priority must be given to the Security Council resolutions over conflicting human rights obligations, by virtue of Art. 103 UN Charter.
The order was criticised by a number of dissenting judges (President Owada, Judges Al Khasawneh, Xue, Donoghue & Judge ad hoc Cot) because the provisional demilitarized zone not only required the parties to withdraw from the territory in dispute but also from territory indisputably under their own sovereignty (see also post by Julian Ku at Opinio Juris).
[7] In the Hindmarsh Island Bridge case — Justice Kirby was the sole dissenting judge who held that s 51 (xxvi) of the Constitution «does not extend to the enactment of laws detrimental to, or discriminatory against, the people of any race (including the Aboriginal race)».
The eight dissenting judges expressed some unfortunate skepticism about what they called «absolute» church autonomy.
Dissenting Judge Sajó opined that the complaint should have been dismissed as incompatible ratione personae (opinion en partie dissidente du juge Sajó, p. 65).
Main Dissenting Judge Tells Lawyers to Take It to YouTube»
However, the two dissenting judges considered that the LAA did not grant the Minister the power to acquire land for the private benefit of a third party.
Although the multiplicity of views expressed by the variety of Singapore courts and dissenting judges who have considered the matter may lead some to suggest that the position is unclear, it is submitted that the majority decision of the Singapore Court of Appeal is likely to find favour.
With all of the gyrations and indirections, the dissenting judges were finally saying that they would have sustained that law on abortion in Texas.
It may be worth stepping back for a moment and reminding ourselves that, for all of their differences, the dissenting judges and the lawyers for Texas were coming down on the same side.
He said the union is still reviewing the decision, but found some support for its argument in the opinion written by the one dissenting judge, Justice Michael Lynch.
Justin Henry, a spokesman for Manhattan District Attorney Cyrus Vance Jr., said in an email: «We respectfully disagree with the majority's opinion in this case of the murder of an innocent 15 - year - old boy, and agree with the dissenting judges that this prosecution accorded with constitutional mandates.
A high school counselor can be sued for dispensing academic advice that has an adverse effect on a student, the Iowa Supreme Court ruled last week in a decision that a dissenting judge warned could put a damper on academic counseling.
The court declined to suggest remedies that would satisfy voter intent, even though the dissenting judges thought there were viable ones.
One of the most interesting aspects of studying law is that, when you first begin, the lecturers will give you the facts of a case, then give you the dissenting judge (s) judgment.
The dissenting judge also criticized the majority decision for giving «Got to Give it Up» a broad scope of protection and failing to focus its analysis on the copyrighted sheet music, as opposed to the unprotected live performance of the song.
A dissenting judge, Carmen Espinosa, said she wanted to «highlight the continued and disturbing practice... of certain justices of this court ignoring the law and fabricating facts in order to reach their desired result.»
The court observed that if the Stolen Valor Act was constitutional, as argued by a dissenting judge,
The dissenting judges commented that the employee had committed a disciplinary offence and that he had denied using his employer's resources for personal use, which was a lie.
As stated by the dissenting judge, «the nature of the nexus between the counts in this case did not provide a reason why it was necessary, desirable or convenient to try the cases together» (para. 130).
«What a pity» said the one dissenting judge, echoing a similar comment by a dissenting judge in the Al - Adsani case.
Abella J.: — «The dissenting judge was of the view that the trial judge erred in failing to adequately consider and explain why, in her view, the «equally plausible explanation» supporting the defence of accident was not accepted.
However, the dissenting judge... read more
However, the dissenting judge found that, in the circumstances, the reconstructed accounts were reliable.
According to the dissenting judge in Castledowns, clients «routinely consult their lawyers not only about legal matters, but about business matters, family matters, and personal issues,» such that the «boundary between «purely legal issues and other matters on which lawyers are consulted is impossible to define.»
Although the dissenting judges «acknowledge that the judgment, even if no violation has been found, pursues a balanced approach, carefully ponders many important arguments of those opposed to the prohibition on concealing one's face in public places and assesses the problems connected with it,» the majority decision «sacrifices concrete individual rights guaranteed by the Convention to abstract principles.»
The dissenting Judges, McGrath J and Thomas J, took a different approach and gave value to the right to privacy.
The majority did not agree with the dissenting judge's wry assertion [at para 22] that «there are signs in the reasons that the trial judge applied his mind to the issues.»
2016), the judge noted the majority of courts, as well as the dissenting judge in the Ninth Circuit decision, had determined that those regulations were not entitled to deference, see id.
The very unsatisfactory decision of the House of Lords in Attorney General v. Blake, [2000] UKHL 45, [2001] 1 A.C. 268 (H.L.)-- demonstrated by the inability of the judges in the majority to state a plausible basis for what they had done or to meet the arguments of the dissenting judge — is a vivid demonstration that gains - based recovery is not a good idea, however tempting it may be to teach traitors a lesson!
On the other hand, in the trial judge's defence, what he said could be Ontario law given Barker v Montfort Hospital, where the majority said (the dissenting judge might well have agreed with this point if she thought it necessary to say so) that Resurfice «did not alter the state of the law on causation».
I suggest it is probable that the dissenting judge agreed on this point at least because the dissent was «merely» on the question of whether there was sufficient admissible evidence to support the trial judge's decision.
The dissenting judge didn't cite Clements etc on this issue; instead, she cited Resurfice, Blackwater, Athey, Snell.
I suspect the dissenting judge would have agreed with this much of the majority reasons, if she had thought it necessary to comment.
The majority on the Isbister didn't deal with this issue and didn't comment on what the dissenting judge wrote.
As pointed out by the dissenting judges in Kokopenace, the majority's decision conflated a representative jury roll with a representative jury.
The dissenting judges rightfully hold the province to a high standard, requiring it to take steps that would actually make jury rolls representative.
Two dissenting judges, Justice Cromwell and Chief Justice McLachlin, found that the province was required to take steps to ensure that jury rolls are representative, and did not meet its obligations in that regard.