Sentences with phrase «for abuse of discretion»

A trial court's decision on this issue may only be reversed for an abuse of that discretion to n deciding this issue.

In addition, the trial court must balance the probative value against the prejudicial effect of the old convictions on the record under Rule 609 (b) for an abuse of discretion.

Initially, the First Circuit focused on the standards of Daubert / Kumho, stating that this type of expert testimony is subject to a Daubert review, that the trial judge has broad latitude in determining the admissibility of an expert, and that the trial judge's decision will only be reversed for an abuse of discretion.

Highmark Decided That Appellate Courts Should Review All Aspects of a Section 285 Fee Determination for Abuse of Discretion.

On appeal, the record was considered to ascertain facts of the case and reviewed for any abuse of discretion.

The appeals court has held that division of marital property is within the sound discretion of the trial court, which means the only way to reverse is for abuse of discretion.

Temporary relief orders for alimony must be supported by competent, substantial evidence and are reviewed for an abuse of discretion.

A trial court's ruling on the relevancy issue is reviewed only for an abuse of discretion.

We review the court's ruling on a petition for modification of child support for an abuse of discretion.

But, because Thomson did not produce any supporting evidence, her claim fails whether we review it as a direct appeal or discretionary review, de novo or for abuse of discretion.»

Not exact matches

Bill C - 25 would also eliminate the potential for abuse of board discretion following these elections and would restrict directors to one - year terms.

The culture of consumerism and the chase for material symbols of wealth and security have sometimes come to be dominant; the pursuit of spiritual fulfillment in many has slowly begun to degenerate into empty and sterile ritualism; the legitimate thirst for education has often become perverted into an obsessive drive to acquire with the greatest speed the formal diplomas necessary to gain entry to jobs offering the easiest opportunities to make the quickest rupees; political statesmanship in some areas has begun to depreciate into an opportunities race for power and position; the spirit of SEVA (Service) to the nation has intermittently begun to be suffocated in many, by the abuse of discretions, sometimes mediated by a bloated bureaucracy itself enmeshed in a vast network of multiplying paper and self - proliferating regulations; menacingly many good and decent people even in public life, have come to be corroded by a culture of demanding corruption; and some potentially creative lawyers, have begun to take perverted pride in mere «cleverness», rendering themselves vulnerable to the prejudice that they are a parasitic obstruction in the pursuit of substantive justice.

According to the court papers, the lawyer for the plaintiff alleges the names are «an an abuse of the respondent's discretion.»

Gipson notes the law would give judges the discretion to allow facility dogs for not only child abuse victims, but for any victim or witness of a violent crime or sexual assault, as well any children or adults impaired in any way, on the defense or prosecution side.

The only sense to be made of it is that Taking Lives intends some sort of angry statement about a woman's choice of career over family (an early conversation chides Illeana for, essentially, being successful in a traditionally male profession), finding a fugitive breed of Ashley Judd - like glee in punishing its powerful feminine centre with physical abuse - into - mutilation, rape of a kind, and a brutal disdain for her intelligence and discretion.

The Rita standard for a guidelines sentence seems to be an «abuse of discretion plus» standard of review.

The Virginia Court of Appeals found there was no abuse of discretion by the trial judge in denying husband's request for a continuance or denying his motion to reopen the case.

The court recognized that the standard of review on appeal for an award of spousal support was an abuse of discretion, citing Fox v. Fox, 61 Va..

On appeal, the Virginia Court of Appeals recognized that the applicable standard for reviewing a trial court's ruling that a party was in contempt of court was the abuse of discretion standard, citing Epps v. Commonwealth, 47 Va..

Historically (long, long ago to the point that there is no leading case establishing this rule), you could challenge a verdict based upon a failure of a judge to dismiss a juror for cause (or for improperly dismissing a juror for cause) when this was an abuse of discretion.

Trial judges have wide discretion in fashioning appropriate relief for spoliation of evidence, and there was no abuse of that discretion.

In the expanded panel's decision denying General Plastic's request for rehearing, the board announced that when exercising its discretion to institute, it will consider both the AIA's goal of providing an «effective and efficient alternative» to federal court litigation, but also «the potential for abuse of the review process by repeated attacks on patents.»

The Court of Appeals recognized the potential for prejudice with allowing this evidence but ultimately decided that given his confession and the State's «sturdy» case the trial court did not abuse its discretion by admitting the evidence.

After factoring in the reduction for duplication (given that 23 individuals billed on the case), the fee award was determined to be no abuse of discretion.

At Objective - Justice, Sean Sirrine writes: «I am at a loss as to why they think it would be a good idea to remove the potential of discipline of judges for abusing their discretion.»

I have called a tie between Nickey Johnson's submission regarding prosecutorial discretion and its potential for abuse and Stefon Lyons and Arely Lopez's team submission regarding the use of Big Data to predict legal outcomes.

It also gives an example where a court found that» [e] ven where need is established, if the other spouse does not have the ability to pay, it is an abuse of discretion for a court to impose such an obligation upon one of the destitute parties which will hang as a sword over the obligor».

In his appeal of the suspension, Gleason asserted violations of both his first and fifth amendment rights, as well as an abuse of discretion by the bankruptcy court for the sixty - day suspension.

Particularly when the standard is — as it is for most evidentiary issues — an abuse of discretion.

Under the district court's inherent power to sanction an attorney for litigation abuses, the attorney's violation of a protective order that he fashioned was certainly well within the district judge's discretion to sanction.

Wife argues that the family court abused its discretion by failing to award her compensatory attorney's fees and expenses for her efforts to enforce the terms of the Final Decree.

The Supreme Court applied the abuse of discretion standard, meaning that even for less serious crimes, trial judges will have wide leeway to impose lifetime probation.

Given the «typical case» characterization of the trial judge and the deferential abuse of discretion standard of review, the appellant court perceived the lower court could have reasoned that the hourly rate was too high or number of hours claimed excessive for a case which was not extraordinary in nature.

The Court concludes... that the district court abused its discretion in denying Slatten's motion to sever his trial from that of his co-defendants and therefore vacates his conviction and remands for a new trial.

In Phillips v. United Service Automobile Association, Justice Lopez of the Court of Appeals of New Mexico deferred to this rendering of the maxim De Fide et Officio Judicis non Recipitur Quaestio, sed de Scientia Sive sit Eror Juris sive Facti to defeat an application that the fact of an eight month delay by the trial judge to render judgment was in and of itself an abuse of discretion and grounds for appeal:

The next case shows how a litigant may convince an appellate court that legal error was committed (de novo review of a fee entitlement issue), but the battle for reversal is lost for failure to surmount an abuse of discretion issue (failure to apportion fees between covered and uncovered fee claims for relief).

United States First Circuit, 10/11/2010 US v. Brown Defendant's conviction for possession of cocaine base with intent to distribute is affirmed where: 1) although the district court's factual findings and the inferences made from those findings, which formed the basis of its conclusion that reasonable suspicion existed to stop a car, are not compelled by the record or by the facts, both are nonetheless reasonable and therefore pass constitutional muster; 2) the affirmance of the district court's finding that the officers had reasonable suspicion to stop the car forecloses the need to address defendant's challenge to the district court's alternate conclusion that the car was not seized when the officers first approached; and 3) there was no abuse of discretion in the district court's denial of defendant's motion to suppress evidence without an evidentiary hearing.

The standard of review was determinative, because a «good faith» determination in this context is a discretionary call for the lower court and reviewed under the abuse of discretion standard.

[UNPUBLISHED][Per Curiam - Before Bye, Beam and Gruender, Circuit Judges]: On remand from the Supreme Court for reconsideration under Gall v. U.S.. Under the more deferential abuse - of - discretion review outlined in Gall, the district court did not abuse its discretion in sentencing defendant to 132 months, and the sentence is affirmed.

Every public body and its officers, employees and agents acting within the scope of their employment or duties... are immune from liability for... Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.

In Raggett v (1) Society of Jesus Trust 1929 for Roman Catholic Purposes (2) Preston Catholic College Governors [2010] EWCA Civ 1002, [2010] All ER (D) 116 (Aug) it was held that in a sexual abuse claim where the abuse was historic, the order in which the judge approached issues of liability and limitation did not affect the substance of an overall assessment as to whether it was appropriate to exercise judicial discretion under the Limitation Act 1980, s 33 to disapply the limitation period.

A decision about trial management, for example, can be in some sense «wrong» without being an abuse of discretion.

This is because to decide whether the court abused its discretion in awarding costs and fees, the Eighth Circuit necessarily must decide if it was objectively reasonable for Pfizer to challenge the joinder of these plaintiffs and the lack of personal jurisdiction over the out - of - state plaintiffs» claims.

Response: We agree with the comments that victims of domestic violence and other forms of abuse need special consideration in order to avoid further harm, and we provide for discretion of a covered entity to determine that protected health information not be disclosed pursuant to § 164.510 (b).

Non-dog neighbors brought a malicious prosecution and abuse of discretion suit against dog - owning neighbors and their litigation attorney, with the attorney settling with non-dog neighbors for a pretrial amount of $ 17,500 and non-dog owners «lighting» up their neighbors with an award of $ 305,106.04 in economic damages (consisting of attorneys fees paid by non-dog owners to their counsel in the prior proceedings and malicious prosecution suit) and $ 25,000 in economic damages.

Some experts feel that this so - called «discretion» needs to be defined much more clearly since, as it is being reported in many cases, this privilege may have been exploited or abused at times, at the expense of MAs, who might be left to face the consequences for being asked to do things that they were, quite frankly, never supposed to be doing.

For example, if a parent provides evidence of physical or sexual abuse, or a parent willfully abandoned the child for an extended period of time, the court in its discretion may find that the parent is unfFor example, if a parent provides evidence of physical or sexual abuse, or a parent willfully abandoned the child for an extended period of time, the court in its discretion may find that the parent is unffor an extended period of time, the court in its discretion may find that the parent is unfit.

If the measures were targeted solely to parents or families in need of assistance to prevent neglect or abuse of children, as they are in s123UC of the legislation, then some form of income management may be capable of being seen as an appropriate exercise of the governments «margin of discretion'to ensure that families benefit from welfare and receive the minimum essentials for survival.