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.
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