Sentences with phrase «for judicial notice»

On the other hand, the issues with such evidence did not make it a matter for judicial notice, either.

Motion For Judicial Notice 10.

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.

And the moving papers concluded with a request for judicial notice of 174 pages.

The Second District Appellate Court stated, «information acquired from mainstream Internet sites such as Map Quest and Google Maps is reliable enough to support a request for judicial notice.»

It's hardly the type of material that Wikipedia could potentially be used appropriately for — on issues of common knowledge for judicial notice.

And today, Microsoft filed a request for judicial notice of the FRAND part of Judge Posner's Apple v. Motorola decision, which I said before is the best FRAND ruling I've ever seen.

After Microsoft had filed its request for judicial notice, but still on the same day (Monday), the ITC postponed the target date for its decision on the scope of the review of the preliminary ruling on the Xbox by one week.

Arguing that the judge's Twitter activity isn't a proper subject for judicial notice, the government claimed that even if the feed in question is the judge's Twitter feed, his tweeting the headline to an article about a ruling he already made «would not show bias or even an appearance of partiality.»

The decision reversed an opinion by the lower court that the Wikipedia entry could be admitted under the provision that describes the type of material appropriate for judicial notice.

A federal judge presiding over Sierra Pacific Industries» appeal of a $ 122.5 million wildfire settlement raised some brows — and a motion for judicial notice — after tweeting an article about the case to a then - public Twitter account.

Not exact matches

«There is no independent judicial oversight or authorization, nor a process for effective independent review of technical capability notices and their requirements,» Privacy International noted.

You'll notice, for instance, that they are very much in favor of judicial authority (which includes its enforcement mechanisms, like the police) maintaining law and order, policing the border, and so on.

But where with the advent of 31st December 1981, a sizeable section of the people recite a litany of ills and perpetual relive them, it can not, with the best will in the world, be classified as an ideal scenario for a public celebration, nor can its baleful antecedents escape judicial notice.

The judge further stated that the court took judicial notice of the fact that while the suit was pending in court, the senate went ahead to suspend the senator for 90 legislative days.

If a FOIA request is denied by the FOIA coordinator, the FOIA coordinator must send a written notice containing the reasons for denial and explain the right to submit a written appeal to the Webberville Community Schools Board or seek judicial review in court.

At the time some commentators criticized him for doing so, arguing that he should simply have taken judicial notice of the historical reality of the Holocaust.

This Court takes judicial notice that the average 19 year old will look to the internet for information to get legal advice before checking White Pages, Yellow Pages or 411.

[127] Professor Piché in her text Fairness in Class Action Settlements, supra at pp. 179 - 80 summarizes the various factors for the settlement approval test into seven factors; i.e.: (1) judicial risk analysis: likelihood of recovery, or likelihood of success on the merits weighed against amount and form of settlement relief; (2) future expense, complexity and likely duration of litigation; (3) class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed settlement to absent class members.

In this case, Christina Lambert and Matthew Hill successfully obtained permission for judicial review on the basis that a pilot scheme Notice of Hearing did not comply with the GMC's statutory duty and common law obligations of fairness.

Your original affidavit in support of your judicial review, plus enough copies for you and every other party listed under the «On Notice To» section on the first page; and

When sentencing an Aboriginal offender, courts must consider: (1) The unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts.To do this courts are to take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Aboriginal peoples.

(School closure; judicial review; Closure Notice failed to show how closure would improve SEN provision for SEN children; Closure Notice held to be invalid; closure decision quashed.

As you can see, social media and social media content raise serious issues for the judiciary, with regards to independence, integrity and ethical standards, admissibility of evidence, the availability of ex parte information, the extent of judicial notice, practice rules, the right to a fair trial and juror conduct.

The notice alleges Douglas «knowingly participated» in the sexual harassment of Chapman; that she failed to disclose anything about the situation in a personal history form related to an application for judicial appointment; that she is incapable as a judge because the nude photos question «the image and concept of integrity of the judiciary»; and that she did not fully disclose facts to independent counsel by modifying a personal diary entry that was relevant to the investigation.

If you think those are difficult questions for lawyers, consider how much more difficult they are for the judge who is required to decide the case on the admissible evidence adduced in the hearing, supplemented by whatever the judge can take judicial notice of.

In a judicial review, the Federal Court of Canada disagreed, setting out the following regime for dismissals under the Code: An employer can dismiss an employee without cause so long as it gives notice or severance pay.

A perceptive follower of the development of the case - law on access to court and justice in general might have noticed that the less willing the Court of Justice to loosen up the constraints in regard of the locus standi for non-privileged applicants, the more generous it seems to be towards the actual acts which can be amenable to judicial review.

«However, they clearly violate the Criminal Code of Canada and this court takes judicial notice of the fact that in this age of the Internet, national boundaries are meaningless for the purposes of spreading hate propaganda such as that disseminated by the [National Alliance],» he wrote.

(The Court takes no judicial notice that this figure must be even higher for smartphone users who prefer baths... but it probably could have.)

The Secretary of State gave notice that she intended to remove A from the UK before the date fixed for the hearing of the judicial review application.

The Santos claim is the only issued application for judicial review on the issue of whether the Prime Minister has the power to serve notice of withdrawal from the EU under Article 50 based on Royal Prerogative or will need a vote in Parliament approving withdrawal.

SB 2498 (Constitutional Amendment) Requires written notice of an appointment to the senate for advice and consent concurrent with the governor, judicial selection commission, or chief justice's making of the appointment.

The judges didn't stand up for us as we took the stage, but they did as we got ready to leave... It was a good show... In March 2012 the remarkable Law Club band, Judicial Notice, with chanteuse Brenda Taylor, entered the ABA Battle of the Bands contest with this following video treat.

The judge commented that «The Court has rarely seen a motion with more merit,» and took judicial notice that «Ruth's Chris [Steakhouse], while open for dinner, is not open for lunch» (Physicians Choice of Arizona v. Mickey Miller, CV 2003-020242 (Maricopa Cty.

The author of this article requested that the California Court of Appeal, Fourth District, Division Two (Riverside) take judicial notice of an unpublished opinion cited solely for any pursuasive value the case may have in a pending appeal.

Steven Porter was recently made partner and is leading a series of judicial review challenges brought by taxpayers against HMRC regarding payment notices for the clients» involvement in tax avoidance schemes.

Here's an issue: Rule 60E (6) of the Rules of Court (Rule 7 - 1 (8) of the Family Rules which come into effect in a few days) dictates that a Requisition and Notice of Judicial Case Conference and a copy of Parts 1, 2, 3, and 4 of a Form 89 (soon to be F8) Financial Statement must be served on a party at least 30 days before the date set for the JCC.

July 6, 2010)(the court, apparently on its own initiative, used Google Maps to take judicial notice of distance between Ukiah and San Quentin for the purpose of providing context to the question of whether a parole officer was becoming too familiar with a parolee); Citizens for Peace in Space v. City of Colorado Springs, 477 F. 3d 1212, 1219 (10th Cir.

For example in Ishaq v Canada (Citizenship and Immigration), 2015 FC 156, (a case about whether a woman could wear her niqab during a citizenship ceremony), six public interest groups — including the Ontario Human Rights Commission, the Canadian Civil Liberties Association and the National Council of Canadian Muslims — were refused permission to intervene, as the court determined that they could not advance their proposed arguments without social science evidence to back them up; nor could the court take judicial notice (facts and materials are accepted on a common sense basis without being formally admitted in evidence) of any of the facts necessary to support the arguments.

The paper includes sample applications for judicial review and a sample amended notice of constitutional challenge as appendices.

Another judicial trend in Ontario that picked up speed in 2015 is for the courts to place less emphasis on the character of employee when determining the reasonable notice period for lower skilled employees.

To do this, you can use the Notice of Hearing on Petition for Judicial Review form by clicking on the following link:

The clerk shall post in the common areas of the courthouse a notice that a person may file a complaint against the judge that includes contact information for the Judicial Inquiry Board.

The receiving party may disclose Confidential Information to the extent required pursuant to judicial order or other compulsion of law; provided that the receiving party shall provide prompt notice of such requirement to the disclosing party (to the extent legally permitted) and shall comply, at the disclosing party's expense, with any protective order imposed on such disclosure; provided further that the disclosing party shall reimburse the receiving party for the reasonable cost of compiling and providing secure access to such Confidential Information if such disclosure is required as part of a legal proceeding that involves the disclosing party.

The takeaway for employees with labour pains is that there appears to be a shift towards greater judicial willingness to award more than just «reasonable notice» for wrongful dismissal.

Although there is no regulatory or judicial notice requirement for a merger of charitable organizations or a governance shift whereby an unrelated organization becomes the sole statutory member of a Massachusetts charitable corporation, the Division considers these fundamental transactions as well and requests informal notice when such transactions are contemplated.

Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

Husband argued that the trial court should have taken judicial notice of an amortization table that he attached to a brief for the equitable distribution master and trial court.

The trial court ruled that no expert would be required if it took judicial notice that the dictionary was a learned treatise, to which defense counsel again made proper objection and moved for a mistrial, which was overruled.