Sentences with phrase «does judicial notice»

At what point does judicial notice itself become a form of activism?

Not exact matches

On a completely unrelated matter, did anyone else notice that Roberts voted to strike down the federal Stolen Valor Act on the same day Michael Knox Beran thinks John Roberts taught us all a valuable lesson about how judicial review should only very, very rarely be used?

At the time some commentators criticized him for doing so, arguing that he should simply have taken judicial notice of the historical reality of the Holocaust.

In this case, Christina Lambert and Matthew Hill successfully obtained permission for judicial review on the basis that a pilot scheme Notice of Hearing did not comply with the GMC's statutory duty and common law obligations of fairness.

When sentencing an Aboriginal offender, courts must consider: (1) The unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts.To do this courts are to take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Aboriginal peoples.

Le Blanc has done some preliminary testing of Employment Foresight, which helps users navigate difficult areas of employment law such as reasonable notice, worker classification, overtime exemptions and work classification by using machine learning to identify hidden patterns in judicial rulings.

The notice alleges Douglas «knowingly participated» in the sexual harassment of Chapman; that she failed to disclose anything about the situation in a personal history form related to an application for judicial appointment; that she is incapable as a judge because the nude photos question «the image and concept of integrity of the judiciary»; and that she did not fully disclose facts to independent counsel by modifying a personal diary entry that was relevant to the investigation.

I do think the idea of allowing something close to judicial notice in place of expert evidence could only have one of two effects: 1) The judge would have decide on a case - by - case basis whether he or she is qualified to advise himself / herself as to «law» generally, or 2) The judge would have to undertake a self - qualification analysis to determine whether he or she is sufficiently expert in the area of law in question to forego actual expert evidence.

However, I don't think they should be able to take judicial notice of the standard of care applicable to solicitors engaged in non-litigious contexts.

The judges didn't stand up for us as we took the stage, but they did as we got ready to leave... It was a good show... In March 2012 the remarkable Law Club band, Judicial Notice, with chanteuse Brenda Taylor, entered the ABA Battle of the Bands contest with this following video treat.

The bill was filed in June, and the pleadings closed in December 1828, so that we have no judicial knowledge of any matters which have arisen since; confining itself, as the court must do, to the pleadings of the cause, and the decree of the court below, we can notice nothing not averred in the bill or answer, nor act on any evidence which does not relate to them.

meaning the court is bound to take judicial notice, as it does in regard to all words in our own tongue, and upon such a question dictionaries are admitted not as evidence, but only as aids to the memory and understanding of the court.

Schneiderman v. United States, 320 U. S. 118, overruled earlier holdings that the courts could take judicial notice that the Communist Party does advocate overthrow of the Government by force and violence.

To do this, you can use the Notice of Hearing on Petition for Judicial Review form by clicking on the following link:

8 That excellent resource includes articles on «Appellate Judicial Notice in a «Google Earth» World,» «Judges and the Internet: Does the Record Still Matter?

(Some provinces have very expanded rules which permit a court to take judicial notice of foreign law; Ontario does not have these.)

This is so because (1) such findings do not constitute facts «not subject to reasonable dispute» within the meaning of Rule 201; 13 and (2) «were [it] permissible for a court to take judicial notice of a fact merely because it had been found to be true in some other action, the doctrine of collateral estoppel would be superfluous.»

Going further, the judge took «judicial notice» of the notoriously known fact that if a 19 year old is arrested and wished to seek legal counsel he or she would do so on the internet well before using the White Pages or Yellow pages, or 4 -1-1.

This dicta by the Supreme Court in Hardesty did not discuss the effect of SCR 4.020 (1)(d) which gives the Judicial Conduct Commission «the authority to refer any judge of the Court of Justice who, after notice and hearing is found by the Commission to be guilty of misconduct, to the KBA for possible suspension or disbarment from the practice of law.»

What a careful observer notices from monitoring SPC media is that those involved with reform of discrete areas of Chinese legislation and judicial practice continue (in the pre / post 19th Party Congress era) to look at US federal / state law (and other foreign law) structures and practices, including: use of mediation in federal appeals cases; bankruptcy practice; reform of Chinese nuclear safety legislation to broaden the scope of information released to the public, that is in specific areas that do not involve basic principles of the Chinese courts.

On the other hand, the issues with such evidence did not make it a matter for judicial notice, either.

Since this is after all a site about legal research, let me report that it does not appear that any Canadian court has taken judicial notice of Timbits, although the item is mentioned in R. v. Chan, 2005 ABQB 615 (CanLII).