Sentences with phrase «for judicial determination»

(25) However, it also notes that «if negotiation fails and an agreed position can not be reached, the claim shifts to the Federal Court for a judicial determination».

Currently the rules are aimed primarily at getting matters ready for a judicial determination on their merits.

One of the biggest problems is the length of time it takes to get a matter into court for judicial determination.

Prior to joining Haynsworth Sinkler Boyd, he served as a Judicial Clerk to the Hon. Joseph F. Anderson, Jr., Federal District Court for the District of South Carolina where he prepared briefs and memoranda in preparation for judicial determination, provided research assistance, and drafted opinions and orders on a wide array of legal issues.

Not exact matches

The Court of Appeals has accepted a determination by the Commission on Judicial Conduct that Alan Simon, a judge in Ramapo, Spring Valley and Hillburn, should be removed from the bench for violations of judicialJudicial Conduct that Alan Simon, a judge in Ramapo, Spring Valley and Hillburn, should be removed from the bench for violations of judicialjudicial ethics.

Meanwhile, it is centralized in another aspect — as the courts have no cohesion as an independent body of government, they are subject to executive control, and judges may seek the advice of an executive judicial committee and be subject to removal for making independent determinations.

(39) On an application for judicial review of the arbitrator's decision, no determination or selection that the arbitrator was required to make under subsection (29) shall be overturned unless the determination or selection was patently unreasonable.

The ruling aims to strip immigrants of the opportunity to have a judicial determination on whether they qualify for release from custody.

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

Justice David Brown delivered a paper on 21 November 2014 at the Carleton County Law Association Annual Meeting in which he sets out a 5 point action plan for moving the judicial system towards achieving its fundamental goal — the fair, timely and cost effective determination of civil cases on their merits.

If parties choose the path of judicial adjudication, our civil justice system should make it easier for them to get in front of a judge for a determination, at proportional cost.

The judicial review proceedings were concluded by consent in June 2016 leaving the only issue for determination by the court of whether costs should be paid by the Scottish authorities on the «standard» or «indemnity» basis.

Served as lead counsel for a not - for - profit hospital in a case of first impression in which the Illinois Appellate Court upheld the hospital's right to seek a judicial determination regarding its entitlement to property tax exemptions without first seeking exemptions from the Illinois Department of Revenue

The Court conducted a constitutional assessment in light of Section 8 [1] of the Charter and was guided by the Supreme Courts determination in R. v. Vu, 2013 SCC 60, that there must be judicial authorization for the search and the search must be conducted in a reasonable manner.

The Federal Court dismissed the Union's application for judicial review and ruled that the Appeals Officer's determination was reasonable.

SB 258 Changes the timing of determination of weighted case units for the purpose of calculating the judicial branch operating budget request and judicial salaries from October to July.

The relationship between the principle that the welfare of the child should be the paramount consideration and the balancing exercise between Art 8 and Art 10 remains open for future judicial determination (In re W (Children)(Care Proceedings: Publicity)[2016] EWCA Civ 113, [2016] All ER (D) 04 (Mar)-- the Poppi Worthington case).

While we will be featuring posts over the coming days on this award that dissect and analyze the award, its international legal significance, and its larger geopolitical consequences for all claimants to the South China Sea dispute and third - party actors (such as the United States), for now, a close read of all 479 pages of this arbitral award reveals it to be an extremely rich and fertile piece of international jurisprudence, one that will certainly have far - ranging doctrinal impacts as an international judicial decision that is also an authoritative subsidiary means for determination of the international law rules under UNCLOS, especially on questions such as the: 1) normative weight of «historic rights» and differentiating the same from «historic title» and «historic rights short of sovereignty», and clarifying what could still possibly amount to historic rights that States could still validly assert within the UNCLOS treaty regime;

Key chapters and sections cover: • Decision - making, including personal interests, bias and determination, equality and discrimination and elections • The process for making and handling complaints on conduct issues • The challenging of authorities on conduct issues including through judicial review, the Ombudsman and by using Freedom of Information • Offences • The law in Wales

TLSC staff have also provided statewide leadership in developing alternative funding sources for legal aid programs and advocated successfully for improved appeal rights for HHSC clients to include the judicial review of public benefit determinations.

Congress conferred on the courts no power to review their determinations save only as it has granted judicial power «to grant writs of habeas corpus for the purpose of an inquiry into the cause of the restraint of liberty.»

The Divisional Court subsequently dismissed Blue Mountain's application for judicial review, finding that the Board's determination that the swimming pool was a «workplace» was reasonable.

In Sicurella, [1997] O.J. No. 4580, Justice Renaud has a discussion on scope of s. 13: Determination of whether a justice presiding at a preliminary inquiry could prevent the Crown from adducing certain evidence emanating from an accused during judicial interim release hearings given that section 13 of the Canadian Charter of Rights and Freedoms provided that a witness who testified in any proceedings had the right not to have any incriminating evidence used to incriminate that witness in any other proceedings, except for the giving of contradictory evidence.

Its two - phase process allows government - qualified consumer organizations to sue on behalf of a defined class of claimants, prompting an initial judicial determination whether there is a sufficient «common obligation» to the claimants for the case to proceed.

For example, Madam Justice Deschamps wrote a concurring opinion in Alberta Teachers» Association on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus a bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (Alberta Teachers» Association at paras 82 — 89).

Article 15 The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State.

Administrative law — Judicial review — Municipal law — Taxation — Real property tax — Payments made by Federal Crown in lieu of real property tax — Assessed value of Halifax Citadel — Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. M - 13.

Not only would linking failed mediation to prompt judicial determination focus the minds of the parties at mediation, it would tend to improve mediation by curbing unreasonable positions, and creating real, more affordable options for parties faced with unreasonable adversaries.

Caught in that dilemma the reasonable party's option is either to accept a settlement that does not fairly reflect the chances of success at a judicial determination, or trudge on uphill through mud and obstacles rolled in the way of getting a matter before a judge for determination.

That determination simply was not the type of «self - evident truth -LSB--RSB- that no reasonable person could question, [a] truism -LSB--RSB- that approach [es] platitude -LSB--RSB- or banalit [y],» as required to be eligible for judicial notice under Rule 201.

21 Therefore, a court can not take judicial notice of another court's legal determination that a party constituted a state actor for the purposes of § 1983: That determination is neither an adjudicative fact within the meaning of Rule 201 nor beyond «reasonable dispute.»

«A judicially noticed fact must be one not subject to reasonable dispute» because it concerns a matter «[g] enerally known» or a matter «[c] apable of accurate and ready determination by resort to sources whose accuracy can not reasonably be questioned» [a] nything which can be «looked up» in an authoritative source is a candidate for this type of judicial notice.

The Defendants asserted that the federal court should not interfere with a «complex state regulatory scheme concerning important matters of state policy for which impartial and fair administrative determination subject to expeditious and adequate judicial review are afforded.»

Judicial Power's account: The House of Lords found the rejection of the claimant's application for compensation by the FCC [the Foreign Compensation Commission] to be unlawful, despite legislation providing that «determination by the [FCC] of any application made to them under this Act shall not be called into question in any court of law».

The determination of public interest standing relates directly to the effectiveness of process, and is therefore particularly appropriate for judicial discretion, which therefore should not render the test for public interest standing a strict technical requirement.

We have an obligation to ensure that the cases we bring to the judge are prepared and organized, and warrant the judicial resources we are requesting for a fair determination.

The only ground of challenge in these circumstances was likely to be that the secretary of state could not properly arrive at a decision that it may be appropriate for the care worker to be included in the list; a listed person could not get a speedy judicial determination of the underlying facts, namely whether or not he had committed the misconduct alleged.

Until now, Kastner says there weren't any cases from the Federal Court about whether an administrative proceeding can be interrupted for a judicial review regarding privilege determinations.

Mr. Washington argues that the statute allows law enforcement officers to seize and hold vehicles based on an officer's probable cause determination for up to six months without judicial oversight and without allowing individuals the opportunity to challenge that seizure and deprivation — in other words without a post-seizure, pre-forfeiture hearing.

R (OAO Southern Drinks) v HM Revenue and Custom Acted for an alcoholic drinks wholesaler in a judicial review challenge to a decision by HMRC refusing to grant interim reinstatement of a WOWGR approval pending the substantive determination by the FTT of an appeal against the revocation.

Alternative Dispute Resolution or ADR is usually an umbrella term for processes, other than judicial determination, in which an impartial person (an ADR practitioner) assists those in a dispute to resolve the issues between them.

(1) If the judicial officer finds by a preponderance of evidence that a contestant for custody has committed an intrafamily offense, any determination that custody or visitation is to be granted to the abusive parent shall be supported by a written statement by the judicial officer specifying factors and findings which support that determination; and

Also, see Section 13 (b), Power to Take Disciplinary Action; Section 19 (c), Appeals from the Decision of the Grievance Committee Related to an Ethics Complaint; Section 42 (c), Appeals from the Decision of Grievance Committee Related to a Request for Arbitration; Section 20 (c) and (d), Initiating an Ethics Hearing; Section 23, Action of the Board of Directors; Sections 24 and 49, Initial Action by Directors; Sections 25 and 50, Preliminary Judicial Determination Prior to Imposition of Discipline; Section 45, Board's Right to Decline Arbitration; Section 47 (c), Manner of Invoking Arbitration; Section 55, Request for Procedural Review by Directors;

Also, see Section 13 (b), Power to Take Disciplinary Action; Section 19 (c), Appeals from the Decision of the Grievance Committee Related to an Ethics Complaint; Section 42 (c), Appeals from the Decision of Grievance Committee Related to a Request for Arbitration; Section 20 (c) and (d), Initiating an Ethics Hearing; Section 23, Action of the Board of Directors; Sections 24 and 49, Initial Action by Directors; Sections 25 and 50, Preliminary Judicial Determination Prior to Imposition of Discipline; Section 45, Board's Right to Decline Arbitration; Section 47 (c), Manner of Invoking Arbitration; Section 55, Request for Procedural Review by Directors; Part Fourteen, State Association Professional Standards Committee, Composition of Hearing Panels and Appellate or Review Panels.