Sentences with phrase «for errors of judgment»

He or she is not to be judged by the result, nor is he or she to be held liable for errors of judgment.2 For instance, in Crits v. Sylvester, 3 the Ontario Court of Appeal noted, and the Supreme Court of Canada re-affirmed, the following:
«His tragedy is that he is nowadays remembered (and perhaps always will be) for the error of judgment which brought him down.

Not exact matches

That is defensible only if one is certain that the baseline level of possible robotic error in civilian protection exceeds that baseline level of human error... I, for one, would not bet against the possibility that for some military applications, we will some day come to see mere human judgment as guaranteeing an unacceptable level of indiscriminate and disproportionate violence.
Opposition Labour Party leader Ed Miliband on Friday urged Cameron to apologize for «the appalling error of judgment he made in hiring Andy Coulson,» but Cameron refused and said Coulson remained a friend.
As the Lausanne Covenant asserts, the Bible is «without error in all that it affirms» Although detailed inerrantists like John Montgomery and Harold Lindsell resist referring to the writer's intentions as a criterion for Biblical judgment, sensing, rightly, that its adoption undermines their position, they nevertheless use such a standard on occasion (see Lindsell's discussion of differences in Biblical numbers [Num.
In a critical arrangement of its respective positions within the totality of its own history, it will be able, on one hand, to recognize the relativity of its own judgments (where, for example, errors may have crept in).
Because the adults in professional sports are seemingly unable to correct their errors in judgment and actions, I am calling on the next generation of student - athletes to save professional sports for future generations to enjoy.
Ed Miliband accused the prime minister of a «terrible error of judgment» for his handling of Maria Miller's expenses after her «perfunctory and inadequate» apology to MPs.
Ed Miliband accuses the prime minister of a «terrible error of judgment» for his handling of Maria Miller's expenses.
After criticism from union leaders and others, Drew said he had made an «error in judgment» when he personally requested a list of home addresses of city employees from the city human resources department and had his campaign use the list to send out letters asking for $ 100 donations.
«We have worked hard to strengthen our policies concerning sexual harassment and to create a safe working environment, but while we fully thought we were acting in the interests of the victims and their desire for confidentiality, our errors in judgment resulted in the opposite effect,» said Silver.
To minimize the risk of an error of judgment, we chose an especially nasty bit of turf from Frymburk to Bohdalovice for three 20 - minute point - to - point runs in each car.
For example, the arbitrator might make a decision based on disagreement with an MRO's judgment about a legitimate medical explanation (see § 40.149) or on the basis of a procedural error that is not sufficient to cancel a test (see § 40.209).
So here, for the umpteenth time and in the service of any animals whose very life might depend on the decisions made by anyone who might be misled by Clifton and Young's errors of fact, judgment, and ethics, is a point by point refutation of each of their erroneous claims.
He was also a primary science witness in the Hayes Windfarm Environment Court case in New Zealand, and in the U.K. High Court case of Dimmock v. H.M.'s Secretary of State for Education, the 2007 judgment which identified nine major scientific errors in Mr. Al Gore's film An Inconvenient Truth.
Our estimates of key climate model uncertainties are constrained by observations of the climate system for the period 1906 - 1995, 7 and uncertainty in emissions reflect errors in measurement of current emissions and expert judgment about variables that influence key economic projections.
The Court held that the revelation of character cases can be roughly divided into three categories: i) where misconduct is extremely serious, sometimes bordering on criminal acts (e.g. theft or fraud), just cause for termination will usually exist; ii) where conduct reveals deceit, misrepresentation or misleading of employers, cause will likely be found; and iii) where there are errors in judgment or a failure to follow rules, it can not automatically be said that the employee was dishonest for the purposes of justifying summary dismissal.
[248] The conduct of Mr. Smith involved taking a risk for the company based on what I find was an error in judgment.
He noted that many Land Titles Act, RSA 2000, c L - 4 provisions require the Registrar to exercise his judgment, that there is no suggestion in the Act that if he makes an error in exercising his judgment that he violates the Act, and that there is a process in section 184 of the Act for referring issues to the Court if someone thinks the Registrar has made an error.
On appeal, the officer's lawyers are again arguing that the provision violates the Charter and is grossly disproportionate for someone who made an «error in judgment in the heat of the moment.»
Not all bad medical results and not all emergency room errors are medical malpractice, but if your injury was the result of a doctor's failure to apply a reasonable standard of care, you may be awarded a settlement or judgment to compensate you for your pain and suffering, medical expenses, lost wages, lost earnings potential, funeral expenses, and more.
And here, since it appears from the statement in the order of the Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of error.
court of Orleans is created, taken in connection with the Judicial Act, and that a writ of error would lie to a judgment rendered by the court for the District of Kentucky in such a case as this.
To this answer the attorney for the United States filed a general demurrer, and the court below, without argument, rendered judgment for the United States, whereupon the defendants sued out their writ of error.
This is the first of several writs of error to sundry judgments rendered by the Court of the United States for the Territory of Orleans.
The federal district court in Tyler, Texas, did not commit reversible error in entering judgment against ALE USA (formerly known as Alcatel - Lucent Enterprise USA) for infringement of networking patents asserted by Chrimar Systems, the U.S. Court of Appeals for the Federal Ci
Specific topics covered include the role of the prosecutor, defendant and justice of the peace; the presumption of innocence; proof beyond a reasonable doubt and findings of credibility; elements of an offence; guilty pleas to an offence charged or another offence; mens rea, strict liability and absolute liability offences; defences to regulatory charges, including due diligence, reasonable mistake of fact and officially induced error; trial procedure; presentation of evidence; rules of evidence; the voir dire; dealing with the unrepresented defendant; Charter applications; access to justice issues; paralegals and lawyers in the courtroom; requests for a bilingual trial; articulating reasons for judgment; delivery of a judgment; sentencing; and trials of young persons.
The prevalence of shorter, simpler emails is also consistent with my recent legal experience as a litigation associate in a large law firm before starting to teach legal writing full - time — an experience I have drawn on in trying to design realistic assignments.59 The emails I wrote often dealt with relatively straightforward substantive matters, procedural questions surrounding litigation, or some combination of the two, such as the steps for having an appellate court relinquish jurisdiction to correct a scrivener's error in a lower - court judgment or the timeline for responding to an in rem civil forfeiture action.
In the present case it amounts in my judgment to conscripting the mother and mother - in - law to the services of the appellant and his children for the benefit of the tortfeasor and any reduction of the award on this basis is and was an error in principle.
Michigan appellate practice, or appellate review, refers to the capacity of a higher court to examine or review the decision of a lower court for errors in judgment.
We are at a loss to understand upon what principle of law, applicable to appellate jurisdiction, it can be supposed that this court has not judicial authority to correct the last - mentioned error because they had before corrected the former, or by what process of reasoning it can be made out that the error of an inferior court in actually pronouncing judgment for one of the parties in a case in which it had no jurisdiction can not be looked into or corrected by this court because we have decided a similar question presented in the pleadings.
On the contrary, it is the daily practice of this court, and of all appellate courts where they reverse the judgment of an inferior court for error, to correct by its opinions whatever errors may appear on the record material to the case, and they have always held it to be their duty to do so where the silence of the court might lead to misconstruction or future controversy and the point has been relied on by either side and argued before the court.
It is suggested, however, that this plea is not before us, and that, as the judgment in the court below on this plea was in favor of the plaintiff, he does not seek to reverse it, or bring it before the court for revision by his writ of error, and also that the defendant waived this defence by pleading over, and thereby admitted the jurisdiction of the court.
It must, in each of them, exercise jurisdiction over the judgment, and reverse it for the errors committed by the court below; and issue a mandate to the Circuit Court to conform its judgment to the opinion pronounced by this court, by dismissing the case for want of jurisdiction in the Circuit Court.
Here the Ontario Court of Appeal held that because the employee's actions were not mere errors in judgment, but intentional, numerous, dishonest acts that occurred over a period of time, and that were neither insignificant nor trivial, and given his role in the company, the employee was in breach of the employer's policies and therefore he was properly dismissed for cause.
In projects where you are using your best judgment to develop keywords through trial and error, there are advantages to waiting on keyword filtering until early case assessment, when the tools available for your use are more sophisticated and the ease of testing and iteration is greater.
The court will usually send you a copy of the draft judgment, to check for typos or other textual errors.
What can also be seen from these decisions is that, in appeals alleging this type of processing error, the reasons for judgment of the trial judge take «centre stage.»
Allen's representative work includes the successful defense of a multi-million dollar insurance coverage and rescission suit by Lloyd's of London; dismissal of a six - figure claim for retroactive premiums against the St. John Community Development Center; summary judgments (affirmed on appeal) against Essex Insurance Company and Liberty Mutual Fire Insurance Company for breach of their respective insurance contracts; trial verdicts against Allstate Fire and Casualty Insurance Company and Liberty Mutual for insurance bad faith; and numerous confidential five, six, and seven figure settlements reached in insurance disputes of all types (including residential and commercial property, commercial general liability, auto liability, errors and omissions, negligent procurement, and insurer bad faith).
In my view, the judiciary should strive to have such a court reporting system implemented in trial courts as such a system would ensure that the trial judge had a command of the evidence during trial and had a text transcript of the evidence when preparing his / her reasons for judgment which would reduce factual errors which lead to expensive appeals and in some cases re-trials.
Among other things, he argues Mew committed several errors of law by failing to correctly apply the Copyright Act and case law as well as the appropriate test for summary judgment.
Giving judgment in R (on the application of Dimmock) v Secretary of State for Education and Skills [2007] EWHC 2288 (Admin), [2007] All ER (D) 117 (Oct) Mr Justice Burton said the DVD contained many factual and scientific errors, but that the guidance notes (in their amended version) could shift the perceived motive for the distribution of the DVD from its original objective of «influenc [ing] the opinions of children» to a new objective of «stimulat [ing] children into discussing climate change and global warming in school classes».
It follows that it is a fallacy and, I suggest, a fundamental error, to assert that a judgment labelled «Reasons for Judgment Reserved» has any greater presidential value or binding effect than any other judgement of the Court, however labelled.»
Thus, it was an error for the lower court to grant summary judgment in favor of the defendants.
A chambers judge's assessment of the facts based on the record before the chambers judge, the application of the law to those facts and the ultimate determination of whether summary judgment is appropriate are all reviewed for palpable and overriding error: Amack v Wishewan, 2015 ABCA 147 (CanLII) at para 27, 602 AR 62.
Delivering judgment in Southall v General Medical Council [2009] EWHC 1155 (Admin), Mr Justice Blake said: «Dr Southall's conduct was not a mere error of judgment in a challenging environment where there may have been few established principles for guidance.
The traditional value added content provided by the major online services includes such things as basic editing — checking for spelling errors, ensuring the accurate reproduction of the judgment or decision, and the checking case and statute citations to ensure completeness and adding correlative or parallel citations.
See para [31] of the judgment: «Th e penalty (if any) for failure to achieve the desired results of the strategy as published, because of errors in policy making (if such they be) should, it seems to me, be political rather than legal.»
Directors and Officers Liability Insurance (D&O): Coverage for directors and officers of firms or organizations against liability claims arising out of alleged errors in judgment, breaches of duty, and wrongful acts related to their organizational activities.
• Extensive experience of operating presses, with excellent ability to monitor production • Outstanding knowledge of quality control analysis • Excellent ability in exercising judgment and decision making to choose relevant action • Skilled in thinking critically to identify strengths and weaknesses of actions • Experience in troubleshooting to establish causes of production errors • Documented success in selecting the right equipment for the job • Competent at planning and organization with a strong ability to prioritize to meet tight deadlines • Familiar with industry standards as well as OSHA requirements • Well - versed in repairing press machines • Exceptional multitasking skills, with powerful ability to respond to multiple simultaneous requests • A self - motivated individual with ability to manage production cell when needed • Familiarity with solving complex problems to ensure operations keep running smoothly • Excellent hand - eye coordination aimed at handling press operations with profoundness and excellence • Effective communication and listening abilities, targeted at working with the team to ensure understanding and hence efficient production
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