Sentences with phrase «influence upon the court»

Not exact matches

Historical and even scientific truth can be merely the consensus agreed upon by those who presently have the power and influence to determine public opinion, or it can be based on evidence that has been tested in the laboratory, in debate, or in a court of law.

The selection of courts varies, ranging from the standard three types of tennis court, to those themed upon Mario games, which adopt the aesthetic styles of the games on which they are based and feature thematic elements that influence how the match will be played on that surface (some of which manifest themselves as obstacles that hinder character movements or otherwise interfere with gameplay).

The appeals court rejected Sienkowski's argument, holding that under Indiana law a party can not attack the validity of a verdict by juror testimony about jury deliberations unless it relates to (1) drug or alcohol use by any juror, (2) the question of whether extraneous prejudicial information was improperly brought to the jury's attention or (3) whether any outside influence was improperly brought to bear upon any juror.

The trial and appeal courts over turned the transfers and distributed her estate equally as per her will on the basis of undue influence but the appeal over turned the portion of the judgement that allowed the brother to succeed on the basis that he relied upon the promise made by his sister, he took care of his mother for years, but the sister reneged on her promise to transfer to him her 1/3 of the house as she did not own it when she promised it.

Bank Saderat and Bank Mellat have not been appealed and the Court of Justice has not yet been asked directly to rule upon the intensity of the PMOI standard of review — thus, it remains to be seen how the Opinion in Kadi II will influence the Court of Justice's future view on this issue.

The solicitor - and - client privilege is based upon the notion of confidence and honour that permits a legal adviser to communicate quite freely without the inhibiting influence that would exist if what was said between him and his client could be used as evidence or used unfairly against them before a court.

Because it appears that the trial court's reliance upon the impermissible and irrelevant sentence factors largely influenced his decision to impose probation, we find it necessary to vacate the sentence imposed and remand for resentencing before a different judge.

Upon meeting these requirements a court will deem the Will to be valid unless someone brings forth allegations of a lack of testamentary capacity (mental ability) or undue influence (i.e. somebody forcing the testator to write and / or sign a Will).

- How much influence should the experts or the parties have upon the court's decision?

As such, by nature, it must prevail in issues, which have greater or strategic influence and consequences upon daily issues, and lower courts issues.

The judges, attorneys, advocates, court administrators, court services personnel, and law professors interviewed for the study reported that evaluators and guardians ad litem were «heavily influenced by the social and legal policies that facilitate contact with the noncustodial parent without regard to the risks attendant upon contact or relationship.»

In Charles Baker Ltd. v. Baker and Baker, the Court found that «the onus is upon the agent to prove that the transaction was entered into after full and fair disclosure of all material circumstances and of everything known to him respecting the subject - matter of the contract which would be likely to influence the conduct of his principal.