Sentences with phrase «final issue of the case»

Discretionary orders of prothonotaries ought not be disturbed on appeal to a judge unless: a) the questions raised in the motion are vital to the final issue of the case, or b) the orders are clearly wrong, in the sense that the exercise of discretion by the prothonotary was based upon a wrong principle or upon a misapprehension of the facts.

Not exact matches

Since the OCC has not reached a final decision on the fintech charters, the claim of harm by the Conference of State Bank Supervisors (CSBS) was speculative, U.S. District Judge Dabney Friedrich wrote in her decision tossing out the case, issued late on Monday.

The Court of Justice of the European Union just issued its final verdict in a multi-year case, classifying Uber as a transport service.

That hasn't been the case, however, as the MCL33 suffered some kind of issue on the first three days of the second test and has now completed the «full set» by breaking down on the final day as well.

As is increasingly the case, issues that had at best a tangential connection to the budget were part of the final agreement.

In fact, in the case of Sorkin's latest, some audiences and critics have taken issue with how soft the film goes in the final minutes.

The commission shall, from time to time, designate members of the commission to serve on panels for the purpose of reviewing and issuing final orders upon cases presented to the commission.

In case where further environmental solutions were implemented, e-EcoSolutions will perform a second and final audit following to the incorporation of these new solutions, and subsequently issue your Green Schools certification.

In the final article in this issue of the Journal of Educational Change, Kristy Drake addresses «Competing Purposes of Education: The Case of Underschooled Immigrant Students.»

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.

If anything unusual or negative shows up, make sure you make a record of it in case any issues arise from your final hiring decision.

While the factual circumstances may no longer prevail and indeed because of other safety nets put in place since then it is unlikely to be repeated, there were other legal and regulatory issues in the case that await final resolution.

The fixing of a maximum price in the case at hand, by limiting the ability of electricity providers to pass on the extra costs to final users, means that the supply obligation must be complied with by means of the electricity providers» own financial resources; by contrast, the national legislation at issue in Association Vent de Colère, by enabling the electricity distributors to cash in a tax imposed on the consumers, guaranteed that the additional costs resulting from an obligation to purchase wind - generated electricity would be offset.

in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon request, during final instructions, a jury charge on the cross-race effect, instructing (1) that the jury should consider whether there is a difference in race between the defendant and the witness who identified the defendant, and (2) that, if so, the jury should consider (a) that some people have greater difficulty in accurately identifying members of different race than in accurately identifying members of their own race and (b) whether the difference in race affected the accuracy of the witness's identification.

This case doesn't provide any final resolution of the constitutional issues raised by Mr. Barr and Mr. Kirkland.

The CJEU has already clarified on several occasions that a decision considered final in the Member State where it was issued, should be considered final in the whole EU, provided that the merits of the case have been examined (e.g. Miraglia, C - 469 / 03, 10 March 2005).

The author also discusses the blood quantum rule, cultural appropriation, Indigenous use of intellectual property laws, Two - Spirit identities (Indigenous transgender individuals), the landmark Delgamuukw and Tsilhqot» in cases (recognition of Aboriginal title), non-benign myths about Indigenous peoples, the six - volume Truth and Reconciliation Commission of Canada (TRC) final report on the residential school system where at least 6,000 Indigenous children died, Canada's Stolen Generations (between 1960 and 1990, 70 - 90 % of Indigenous children in Canada were removed from their homes and placed into non-Indigenous homes), Inuit relocations, the issue of access to safe drinking water for First Nations communities, the five - volume report of the Royal Commission on Aboriginal Peoples, Indigenous lands, education, treaties, and treaty - making.

For instance, in case where an applicant for a determination of support is too poor to buy the daily necessities, the Family Court may issue an order of provisional disposition forcing the adverse party to pay money temporarily until the final determination.

The PLO sets out the four stages of a case: the issue of the application and the first hearing in the Family Proceedings Court, the Advocates Meeting and Case Management Conference, the Issue Resolution Hearing and the Final Hearcase: the issue of the application and the first hearing in the Family Proceedings Court, the Advocates Meeting and Case Management Conference, the Issue Resolution Hearing and the Final Heaissue of the application and the first hearing in the Family Proceedings Court, the Advocates Meeting and Case Management Conference, the Issue Resolution Hearing and the Final HearCase Management Conference, the Issue Resolution Hearing and the Final HeaIssue Resolution Hearing and the Final Hearing.

To date, relatively few UK cases have reached the ECtHR on the issue of delay, but as final hearing dates become more distant, and resources are squeezed, it can surely only be a matter of time before a financial provision related UK cases reaches the ECtHR on this basis.

In a fifth case the Supreme Court issued its final judgment on a matter that had already been sent to Luxembourg for preliminary rulings on two occasions; it concerned the limitation period applying to claims brought against producers of goods (O'Byrne v Aventis Pasteur MSD Ltd [2010] UKHL 23).

While there are a number of other issues involved in this complex case, including claims that the judgment was obtained by fraud, the facts before the Court were simple: there was a final judgment in Ecuador against Chevron for US$ 9.51 billion.

Now understand, these temporary orders are only going to exist during the rest of your case until final orders are issued.

Now understand, these temporary orders are only going to exist during the tenancy of your case until final orders are issued.

And during this, his final term on the Supreme Court, the issue of corruption will come full circle in the case of Conrad Black v. U.S.

Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.

When the judge decides all of the issues in the case, he or she will issue a final order of divorce, also known as a divorce decree.

«As a result of the reasons of the trial judge that were issues after his main reasons, we have to go back before him — that was the case even before the appeal — to determine what the final number would be, which will be influenced by the number of dealers that actually retained Cassels Brock back in May of 2009,» says Vermette.

[115] It is not the Court's role to dictate procedure; however, in the circumstances that unfolded in this case, it would be expected that once the ACO received the ACFN's Statement of Concern from the AER, and understood that, contrary to the ACO's preliminary determination, the ACFN believed there was a duty to consult, the ACO should have provided notice to the ACFN that the ACO would be making a final determination on the issue.

In the second case, SAS Institute, Inc. v. Iancu, No. 16 - 969 (U.S. Apr. 24, 2018), the Court rejected the USPTO's interpretation of 35 U.S.C. § 318 (a), which requires the Patent Trial and Appeal Board («PTAB») to issue a final written decision on the claims challenged by a petitioner at the conclusion of an IPR trial.

Cases that involve a broad set of issues and many custodians invariably result in a larger, more expensive final review project.

The trial court judge issued a final judgment in your dissolution of marriage case disposing of all outstanding issues between you and your former spouse.

The issue of responsibility for an accident often has little to do with the final judgment when a case gets resolved.

Interim orders in family cases rarely deal with final decisions on issues of child custody, parenting time, child support and spousal support.

In that case, a central issue was whether the publication was communication of ideas, but the final appellate decision was that «The book directly and unmistakably urges concrete violations of the laws against murder and murder for hire and coldly instructs on the commission of these crimes.

The Supreme Court is the final Court of Appeal in the United Kingdom and it hears and decides cases which involve some of the most important issues of our time.

A defendant will often be best served by highlighting, where possible, the importance of the issues presented and explaining persuasively why the case is unlikely to reach a final judgment.

Also, because there may be no medical underwriting to contend with, a final expense life insurance policy can typically be approved and issued within a short period of time — in some cases, even on the very same day that the individual applies for the coverage.

In most cases, we can find you a final expense carrier that welcomes you with open arms in spite of your health issues.

This is typically not the case if all you need is simplified issue or guaranteed issue life insurance from some of the best final expense or burial insurance companies.

On top of that, there are a number of other legal questions surrounding the copyright case on which Judge Aslup has yet to issue a final ruling, although he is expected to come to a decision next week.

The Court of Justice of the European Union (CJEU) issued the final ruling in Schrems v. Data Protection Commissioner (Case C - 362 / 14) on October 6, 2015.

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«If there's no final language around a primary custodial parent or any reference to that, it sort of takes away that idea of one person feeling they won on that issue, or that they're the more important parent or the victor at the end of a long battle,» says Chaiton - Murray, who did not act in the case and commented on it generally.

If you filed for divorce in Texas but the other party refuses to sign the final decree of divorce, you may set the case for trial and ask the judge to make decisions about the property division, custody of the children, child support and other issues.

Even still, the steps your divorce case will follow will differ depending upon whether you are actually fighting in court, or whether you have settled all of your issues and are only going to court for final approval of your agreement.

The exact length of time it will take before you will be able to schedule a final hearing in your case will depend on the complexity of the issues involved and whether you and your spouse can agree to some or all of the terms.

Typically, the issue depends on the opinion of the judge who hears your case and how he feels about dating before a divorce is final — particularly if you have children.

In an uncontested divorce case, both parties sign a final decree of divorce that addresses all of the issues of the case including child support, conservatorship and property division.

In contrast, courts can issue temporary orders in a divorce case, including awards of spousal support or child custody until the divorce is final.