Sentences with phrase «first issue on appeal»

With respect to the first issue on appeal, the Court stated «no words» in Carter v. Canada (Attorney General), [2015] 1 SCR 331, 2015 SCC 5 (CanLII) suggest terminal illness as a requirement (see para. 41).

Not exact matches

If love is sincere, there is little difficulty in noting the issues or differences that may arise; on the one hand the indiscriminate instinct of lust with its promptings to seek satisfaction with the first appealing person available; on the other, the particularised human instinct (the conjugal instinct already present) urging a young person to keep the gift of sexuality for one; and to respect that «one» when found but withoutthere yet being a mutual conjugal commitment.

A federal appeals court on May 31st ruled that the Defense of Marriage Act is unconstitutional because it denies equal rights for legally married same - sex couples, making it likely that the Supreme Court will consider the politically divisive issue for the first time in its next term.

This development followed a verdict by Justice Ige of the Appeal Court, Makurdi, which on November 28 nullified Mark's election over issues bothering on irregular date in the first election between Mark and Onjeh.

The Privy Council as New Zealand's highest court of appeal was replaced by the Supreme Court of New Zealand by a simple Act of Parliament despite calls from New Zealand First, National and ACT for a referendum to be called on the issue.

In three days of testimony, Mr. Souter, currently a judge on the U.S. Court of Appeals for the First Circuit, gave little indication of how he would rule on particular school - related issues.

The new trial court stated: «The only scenario likely to cause further delay of concern to Plaintiff is the possibility that the Court of Appeals will not rule on the jurisdictional issue or on the merits, but will dismiss the appeal as moot, concluding that the trial court should not have denied the motions to dismiss the first complaint after the Plaintiff had filed his amended complaint.»

replete with such language: it disdains the district court's «abrupt handling» of Appellant's first case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»

Mr. Akyüz appealed his convictions, and the German court sent a preliminary reference to the ECJ to ask whether Directives 91/439 and 2006/126 «must be interpreted as precluding legislation of a host Member State which allows that State to refuse to recognise, within its territory, a driving licence issued in another Member State in the case where the holder of that licence... was refused a first driving licence in that State on the ground that he did not satisfy, under that State's legislation, the physical and mental requirements for the safe driving of a motor vehicle» (para. 35).

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed against order to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was remote.

On an issue of first impression, however, the California Court of Appeals in Conte v. Wyeth, Inc. rejected this traditional view and held that a brand - name manufacturer's duty to warn extends to patients whose prescriptions are filled with the generic version of the drug.

On Friday, it didn't take long (after this blog was first to highlight the issue because I had been following the «Posner case» in detail over the years) before the appeals court ruling affirming Judge Posner's claim construction of the» 647 patent was discussed everywhere, and that was good.

Addressing an issue of first impression in Delaware, the appeal focused on the use of Federal Express to serve a Notice of Intent in the face of unambiguous statutory language requiring the use of certified mail.

Thus, if an appellate court is presented with an issue that was raised for the first time on appeal, the party making the argument should be prepared to explain why the argument was not presented below.

On appeal, Esso argued that he was denied a fair trial when the district court allowed the jury to take home the copy of the indictment — an issue that the Second Circuit said appeared to be one of first impression in any federal or state court.

In the U.S., a criminal defendant can not raise the issue of ineffective assistance of counsel on a direct appeal of a conviction or sentence, but can raise it in a collateral attack on a conviction which must be brought first in the state court and if that remedy is exhausted, may then be brought in federal court.

An interesting case from the Massachusetts Appeals Court on an issue of first impression in the state, ruling that there is no legal duty of reasonable care owed by a defendant to a plaintiff who was injured during their consensual sexual conduct.

The issue for the court to decide was whether evidence of the city's knowledge of the dangerous condition was admissible when it was presented to the court for the first time on appeal.

The issue arose on the first appellant's appeal as to whether the tribunal had applied the correct legal test for a finding of dishonesty in proceedings.

This appeal turned on issues in relation to the right to education under Article 2 of the first protocol (A2P1) and the prohibition of discriminatory treatment under Article 14 of the European Convention on Human Rights.

In a recent decision issued on January 18, 2011, the Ontario Court of Appeal considered, for the first time, whether independent contractors should be counted when determining whether a JHSC must be established and maintained.

The Court of Appeal allows the appeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submisAppeal allows the appeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submisappeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submissions.

The first trial and its subsequent appeal, which focused on the issue of who is a «spouse» pursuant to the Pension Benefits Act, led to... read more

Earlier, among other matters, he obtained a full defense jury verdict as lead trial counsel in a case on behalf of the New York City Law Department; served as lead counsel in an appeal where the court vacated a first degree robbery conviction of a client on the basis of ineffective assistance of counsel (People v. Cyrus, 48 A.D. 3d 150 (1st Dept. 2007)-RRB-; and was co-lead counsel on the submission of an amicus brief on First Amendment issues with the United States Supreme Cfirst degree robbery conviction of a client on the basis of ineffective assistance of counsel (People v. Cyrus, 48 A.D. 3d 150 (1st Dept. 2007)-RRB-; and was co-lead counsel on the submission of an amicus brief on First Amendment issues with the United States Supreme CFirst Amendment issues with the United States Supreme Court.

In Winning on Appeal he explains that the «first step is to make an informal list of all the possible issues that may be presented.»

The task then was to see how to rely on the trademark registration of «Snoopy» and filing a trademark infringement and to use the outcome of the trademark infringement to support the copyright dispute.At the first instance, the court delivered a decision in favour of our client and subsequently the decision was taken up to the Court of Appeal, where the court initially declined to hear the case on the grounds that the issue was double jeopardy.

He has been involved in more than 40 insurance - related appeals, including recently successfully arguing the first Hurricane Sandy - related insurance coverage case heard by the New Jersey Supreme Court and a case in the First Circuit establishing the law on critical issues of liability insurance covefirst Hurricane Sandy - related insurance coverage case heard by the New Jersey Supreme Court and a case in the First Circuit establishing the law on critical issues of liability insurance coveFirst Circuit establishing the law on critical issues of liability insurance coverage.

Won a case on appeal in DC under Maryland law on a legal issue of first impression, saving the client more than $ 1 million that had been awarded by the trial court.

The Ontario Court of Appeal is hearing its first case on this issue this fall, in which three defendants convicted of murder are seeking a new trial.

On appeal, the Circuit did not address the issue of subject matter jurisdiction first, relying on the Circuit's practice from time to time of «exercising discretion to consider an FNC dismissal without first adjudicating issues of subject matter jurisdiction»On appeal, the Circuit did not address the issue of subject matter jurisdiction first, relying on the Circuit's practice from time to time of «exercising discretion to consider an FNC dismissal without first adjudicating issues of subject matter jurisdiction»on the Circuit's practice from time to time of «exercising discretion to consider an FNC dismissal without first adjudicating issues of subject matter jurisdiction».

METHODOLOGY: the study was based on a review of all judgments on the merits issued between January 1, 2016 and July 31, 2017, both at first instance and on appeal, in which at least one issue of patent validity or patent infringement was decided upon.

Key issue of non-justiciability, and the first full analysis by the English Court of Appeal on the juridical nature of bilateral investment treaties.

After the First District appeals court partially reversed on a procedural issue, MW appealed to the Illinois Supreme Court.

In its ruling on the issue this year in R. v. Kokopenace, the Ontario Court of Appeal highlighted the government's duty to make reasonable efforts to include First Nations members on jury rolls.

In allowing Kusnierz's appeal it was the first time an appellate court weighed in on the issue of combining psychological and physical impairment.

The test, as the majority judgment and the dissent agree is that there must be enough evidence in the file to allow the appellate court to rule on the new issue, and the failure to raise it at first instance can not be the result of a strategic choice by the party that seeks to raise it on appeal.

Last week, in R. v. Cloud, 2014 QCCA 1680, a split judgment from which Chief Justice Nicole Duval Hesler dissented, the Court denied leave, saying that the case did not meet the narrow criteria for raising a new (constitutional) issue for the first time on appeal.

On December 9, the Eleventh Circuit issued the first opinion in the country from a circuit court of appeals addressing the split of authority among the federal district and state courts on whether builders, whose developments are partially exempt under ILSA, must comply with all disclosure provisionOn December 9, the Eleventh Circuit issued the first opinion in the country from a circuit court of appeals addressing the split of authority among the federal district and state courts on whether builders, whose developments are partially exempt under ILSA, must comply with all disclosure provisionon whether builders, whose developments are partially exempt under ILSA, must comply with all disclosure provisions.

The issue before the Court of Appeal in Phillips was whether the English court or the Swiss court, in which proceedings had also been issued by the opposing party, had first become «seised of the matter» under Art 21 of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988.

In R (Pascoe) v First Secretary of State [2006] EWHC 2356 (Admin), [2006] 4 All ER 1240 Mr Justice Forbes had to choose between two differing lines of Court of Appeal authority on the issue of proportionality in compulsory purchase cases.

On an issue of first impression in North Carolina, the North Carolina Court of Appeals held that StubHub could not be held liable for the resale of allegedly overpriced Hannah Montana concert tickets by third - party sellers on its website based on federal immunity under Section 230 of the Communications Decency AcOn an issue of first impression in North Carolina, the North Carolina Court of Appeals held that StubHub could not be held liable for the resale of allegedly overpriced Hannah Montana concert tickets by third - party sellers on its website based on federal immunity under Section 230 of the Communications Decency Acon its website based on federal immunity under Section 230 of the Communications Decency Acon federal immunity under Section 230 of the Communications Decency Act.

And their case — which lawyers have said would be the first copyright decision of its kind for possible overturning on appeal — appears now to rest on the crucial issue of what U.S. District Judge John A. Kronstadt allowed jurors to consider: recorded versions of Gaye's work or the «deposit copy» or «lead sheet,» the bare - bones description of the tune on which the family holds its copyright.

The Developers appeal, raising two grounds: first, that the judge erred in excluding evidence on the issue of reliance on the part of the Investors; and second, that the judge erred in his determination of compensation by choosing the incorrect date to assess the Investors» losses and by not limiting them to those caused by the misrepresentation.

HRK prevails on issue of property classification at First District Appellate Court HRK recently appealed a Judgment obtained at trial at the First District Appellate Court in the matter of In re Marriage of Solomon, 2016 App (1st) 142969 - U (an...

On appeal, Letsos raised three issues, the first being that even though the Agreement had expired, Brusha and New West continued to act as his agent, and therefore still owed him fiduciary duties.