Sentences with phrase «for appellate courts»

Second, it would require nominees for both appellate courts to be at least 50 years old.

A commission nominates three candidates for an appellate court vacancy, and the Governor must then select one of those candidates for the position.

In fact, considering the volume of the opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the appellate court.

Pennsylvania: House Judiciary Committee approves merit / commission selection for appellate courts with Senate confirmation; con amendment would have to go on a general election ballot

His name has been bandied about among candidates for the appellate court, which Obama, a constitutional lawyer, can shape as a pool for future Supreme Court nominees.

Since the standard of review on a finding of fact or mixed fact and law is not «correctness», but an «overriding and palpable error» of the court below, i.e., that absent an overriding and palpable error by the trial judge the appellate court will not intervene, in my opinion there is no principled basis for an appellate court to state that it also agrees with the findings below or that in its opinion the findings below are correct.

Thus the authorities make it clear that it is not for an appellate court to re ‑ weigh the evidence or to interfere on the basis that the appellate court would give more weight than the trial judge did to one factor or another or, in the words of the Court in Hickey, that it would have «balanced the factors differently.»

One of the most commonly encountered rules of appellate procedure is the requirement that a claim of error must be raised at trial in order for an appellate court to consider the alleged error on appeal.

I've been reading a lot of judges» decisions recently, and I've noticed a type of comment that comes up frequently: comments that seem to only be provided in order to make it more difficult for an appellate court to overturn their decision.

The Tennessee legislature ended its 2013 session without renewing the state's judicial nominating commission, which screens applicants for appellate court vacancies and recommends the best qualified candidates to the governor for appointment.

«I readily appreciate that the deference owed to a trial court's findings of fact must not become a pretext for an appellate court to evade its responsibility to set aside an unreasonable verdict.

The appellate court did not address whether the evidence should have been admitted by the district court, affirming the lower ruling based on the plaintiffs» inability to show that they were prejudiced by the lower court's evidentiary ruling, a showing that is necessary for the appellate court to reverse the lower decision.

The successful 1976 version focused exclusively on merit selection with Senate confirmation for appellate courts only.

The law in 2018 is likely to be substantially different than in years past, which only creates more issues for the appellate courts to attempt to untangle as everyone attempts to make sense of what the new laws mean and how to apply them going forward.

While the statute does not mandate that the governor appoint commission nominees, and its role is limited to trial court appointments, Governor Mark Dayton follows the commission's recommendations and seeks its input for appellate court vacancies as well.

It would have been valuable to publish Marrero, if only to establish when sufficient error occurs for the appellate courts to utilize these ex mero moto powers.

Supreme Court; Agency and constructive trust in acquisition of property; proper approach for appellate court to take to findings of court of first instance.

Figures for appellate courts were updated by AJS staff in October 2009.

The Supreme Court of Canada restored Mr. Mian's acquittal, finding that except in exceptional circumstances, it is inappropriate for appellate courts to raise new issues outside the grounds of appeal raised by the parties.

At the heart of this appeal are two potentially competing tensions: (1) the adversarial system, which relies on the parties to frame the issues on appeal, and reserves the role of neutral arbiter for the courts; and (2) the need for an appellate court to intervene in order to prevent an injustice.

While it is common in appeals from ordinary district court litigation for appellate courts to substitute a proper legal rationale to affirm when the district court's grounds for its judgment are unsupportable, an agency appearing in court is no ordinary litigant.

Because of the erroneous analytical framework applied at trial, the trial judge did not make the necessary findings of fact for an appellate court to find Mr. Katigbak guilty of the offence.

Oklahoma: third House committee comes up with its own plan on how to end or alter state's merit / commission based selection for appellate courts

Trial judges serve as «clerks» for appellate courts and rarely consider pro se filings.

And for an appellate court to supplant bad agency decision - making with a replacement of the court's own creation is a usurpation of Congress's power, and a derogation of the court's legitimate authority to hold agencies to account for their decisions.