Sentences with phrase «issues on appeal as»

We hope to keep our readers informed about cases and issues on appeal as well as scholarship, research, conferences, and news related to appellate courts.»

For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.

Not exact matches

On Thursday, the Ninth Circuit denied the government's emergency appeal to lift the Temporary Restraining Order (TRO) on Trump's immigration order issued last week by a federal judge in Seattle, indicating in its opinion that Trump's past comments about a «Muslim ban» can be used as evidence for discriminatioOn Thursday, the Ninth Circuit denied the government's emergency appeal to lift the Temporary Restraining Order (TRO) on Trump's immigration order issued last week by a federal judge in Seattle, indicating in its opinion that Trump's past comments about a «Muslim ban» can be used as evidence for discriminatioon Trump's immigration order issued last week by a federal judge in Seattle, indicating in its opinion that Trump's past comments about a «Muslim ban» can be used as evidence for discrimination.

In recent weeks, for instance, on another issue germane to his appeal to his base — immigration — the White House was unwilling to irritate the base and worked to scuttle a bipartisan Senate compromise that would have shielded hundreds of thousands of people who had been brought to the US illegally as kids in return for border wall funding.

Making ground on these issues would make crypto significantly more appealing to the masses as a form of payment.

Appears also that the «blogger formerly known as an atheist» is copping out like so many — instead of meeting the issues of morality and how we define it head on, she is now appealing to a «higher power» to tell her what morality is.

I don't care about Romney's religious background nearly so much as I do the lack of integrity he displayed in so readily backtracking on a number of important ethical and legal issues in order to appeal to the Republicans» conservative Christian national base.

Christianity's top spiritual leaders issued the appeal on Friday, which both Catholic and Orthodox churches mark as a day of prayer for God's creation.

Apparently there were only five voters who submitted blank ballots, and we might simply consider those voters — yes, including ESPN's Howard Bryant — as the lunatic fringe, and write them off; on this issue, there's simply no use appealing to reason, and fortunately there aren't enough of them to make a real difference in the results.

She provides a good summary of the issue, replete with links to other bloggers» thoughts on the subject (including old TLT friends Dr. SuRu and Jenna Pepper at Food with Kid Appeal), as well as information on natural food dyes.

According to Mumuni, the Bank Access to Information Committee (AIC) in its Decision on appeal issued in Case number AI3982 - A dated 29 April 2016, and sent to SERAP held that although the appeal by the organisation was not filed within 60 days of the Bank's decision as required by its Access to Information Policy, SERAP appeal nonetheless «contains a request for additional information, not previously submitted by the requester, and which the Bank has neither considered nor denied.

Just as Tony Blair had worked to move Labour away from some of the party's traditional, less electorally appealing positions in the 1990s, so David Cameron, taking Blair quite consciously as his role model, sought to reposition the Conservative party on a number of key issues in a push for electoral popularity.

The party was renamed the «Reform Party» as a way to broaden its appeal to voters on issues such as term limits and stopping corruption, Astorino has said.

The 74 - year - old senator's success, including his upset victory in the Michigan primary last week, has been fueled by his appeal to younger voters, who so far have resisted Clinton's efforts to reach out to them through targeted TV ads and an increased focus on issues such as student debt.

It's a very sensitive issue and you have to know how to handle it, especially verbally, especially appealing to the right instincts, not overreacting, even though, politically, there's a great temptation to go on one side or another, and that's the difference between a politician and a statesman, and he made every effort to be an appropriate statesman as governor.»

Appealing to the north of England, working class voters and ethnic minorities with an aspirational agenda was at the heart of this launch, with a focus on «bread and butter issues such as the cost of living,» as well as ensuring environmental problems aren't merely seen as a concern of the left.

Recall that Wike barely two weeks ago publicly denounced the statement issued by the adviser which described the Supreme Court dismissal of his appeal on relocation of election tribunal to Abuja and the nullification of his election as» judicial gang up» and «Judicial terrorism».

Republican NYC mayoral candidate Nicole Malliotakis» appeal as a child of immigrants is the root of her political career, yet it may be compromised by her conservative voting record and positions on issues that directly affect many of those same people.

OSSINING, NY — As part of efforts to craft legislation raising the age of criminal responsibility from 16 to 18, Senators David Carlucci (D - Rockland / Westchester) and Jeff Klein (D - Bronx / Westchester) held a roundtable discussion keynoted by the Honorable Jonathan Lippman, former Chief Judge of the New York State Court of Appeals who has been an outspoken advocate on the issue.

Gallo, who helped draft nuisance abatement legislation in his role as city assistant corporation counsel, hammered on themes like building code enforcement and holding social service agencies responsible for their clients» behavior in a bid to appeal to working - class residents of Midtown, where quality - of - life crime and neighborhood eyesores are irksome and perennial issues.

By standing on this issue alone, and not as a Conservative he will have cross party appeal to all that love liberty and, to be fair, hating them to their miserable yellow core as I do, I have to say well done the the Lib Dems - for once they seem to be putting what principles they have before naked opportunism.

The group in a statement issued by a certain Ogah A. Ogah, quoted APC as saying that «As a party embarking on mass appeal for greater membership even after elections at all levels, this is not the time to embark on unnecessary exchanges with statesmen like Sen. Maras saying that «As a party embarking on mass appeal for greater membership even after elections at all levels, this is not the time to embark on unnecessary exchanges with statesmen like Sen. MarAs a party embarking on mass appeal for greater membership even after elections at all levels, this is not the time to embark on unnecessary exchanges with statesmen like Sen. Mark.

I would welcome the appointment of Eric Pickles as chairman of the party, as I think he is an excellent campaign strategist - but more importantly because it would get him away from areas of policy formation in the field of local government where I believe that, despite his apparent experience, he has been too focussed on areas which appeal to the tabloid newspapers and has not fought hard enough over important issues such as local government powers and planning.

The Privy Council as New Zealand's highest court of appeal was replaced by the Supreme Court of New Zealand by a simple Act of Parliament despite calls from New Zealand First, National and ACT for a referendum to be called on the issue.

I believe that the rejection of Quinn for valid, political issues such as third terms and her legislative record shows a growing maturity in our communities — we rejected the old «ethnic appeal» and instead of voting on a single - issue or identity we voted for the candidate who best represents a progressive platform.

In the current campaign, Bawumia's unprecedented visibility in the NPP campaign, his strong command of issues, as well as his cross-party appeal and likeability have cemented his status as a star politician both in the NPP and on the national political scene more broadly.

Teachout represents Cuomo's left flank, and Astorino is trying to appeal to as many conservative and moderate Republicans as possible — and has been making attempts to appeal to all voters on issues like Common Core and corruption — in an effort to raise his statewide profile.

Lamberth, who ordered a temporary ban on federal funding for human embryonic stem cells research last August that an appeals court later overturned, is expected to issue a final ruling on the matter as soon as this summer.

If you use video games as a coping mechanism, you're more apt to neglect the issues in your life, thus allowing them to build on themselves, making the escape of the virtual world that much more appealing.

The state government, in a communique issued here on Wednesday, has made a fervent appeal to farmers not to use oxytocin as its sustained use may cause hormonal imbalance even in human beings and harm their reproductive system.

Muddled on the issues, but it earned its Oscar as a dramatic, involving story, full of tough and appealing characters.

The highest court in New York State is the Court of Appeals, which would be the bench that would next rule on this issue, should NYBOR and NYSED appeal, as they promised they would.

Laudato Si, in short, is Pope Francis» appeal to the faithful to take a closer look at how we are shaping the future of our planet, the effect of humanity on global issues such as climate change and poverty, and the protection and care for what Francis calls «our common home.»

If environmental issues matter to you, reading documents on an ebook reader like this might appeal, because it uses a fraction as much energy as a laptop.

As the District of Columbia Circuit Court of Appeals in Emporium Capwell stated, the standard for trade unions should be the very highest one; «on the issue of whether to tolerate racial discrimination in employment... the law does not give the union an option to tolerate some racial discrimination, but declares that all racial discrimination in employment is illegal.»

And as usual, our regular columnists contribute detailed and important pieces on numerous areas of game development — this issue, we include Bungie's Steve Theodore on occlusions, Noel Llopis on data - oriented design, BioWare's Damion Schubert on lasting appeal, Radical's Rob Bridgett on stereo downmixing, and Matthew Wasteland with his monthly humor column.

The new trial court stated: «The only scenario likely to cause further delay of concern to Plaintiff is the possibility that the Court of Appeals will not rule on the jurisdictional issue or on the merits, but will dismiss the appeal as moot, concluding that the trial court should not have denied the motions to dismiss the first complaint after the Plaintiff had filed his amended complaint.»

As part of our contribution, CSW commented that the document might carry greater relevance for decision - makers who want to advance a needed adaptation agenda to an unconvinced or climate - skeptic audience (a very real possibility) by including more explicit language on the ways in which climate change issues can be framed to appeal to diverse groups — for example, emphasizing the potential damages to people and property to one community, the negative impacts to industry in another.

More than a few commenters on previous articles about the Copenhagen Wheel took issue with the device's appearance, as the Wheel resembles two big plastic frisbees mounted on the rear wheel, and it only comes in red at the moment, which may not appeal to some riders.

(On the injunction issue, the Prothonotary's recent written directions as to scheduling and hearing Abbott's motion for a post trial injunction in May 2014 were recently «converted» to an Order and appealed by Janssen to be heard by Justice Hughes.)

A subsidiary, and, as time may tell, perhaps a more significant issue, was how an appellate court should deal, on appeal, with a legal services order made by the judge below.

replete with such language: it disdains the district court's «abrupt handling» of Appellant's first case; sarcastically refers to Appellant's previous counsel's «new - found appreciation for defendant's mental abilities;» criticizes the district court's «oblique language» on an issue unrelated to this appeal; states that the district court opinion in Jones «revealed a crabby and complaining reaction to Project Exile;» insinuates that the district court's concerns «require -LSB--RSB- a belief in the absurd that is similar in kind to embracing paranormal conspiracy theories;» and accuses Appellant of being a «charlatan» and «exploit [ing] his identity as an African - American.»

Mr. Akyüz appealed his convictions, and the German court sent a preliminary reference to the ECJ to ask whether Directives 91/439 and 2006/126 «must be interpreted as precluding legislation of a host Member State which allows that State to refuse to recognise, within its territory, a driving licence issued in another Member State in the case where the holder of that licence... was refused a first driving licence in that State on the ground that he did not satisfy, under that State's legislation, the physical and mental requirements for the safe driving of a motor vehicle» (para. 35).

In addition, Bashman described that he reports on court rulings at «How Appealing» as they issue — he does not simply provide commentary — and, in addition, his blog generates an average of 10,000 readers a day.

As for the suggestion that the judge should have held a competency hearing, how could a judge conduct a meaningful «competency» hearing against a defendant when the judge was the incompetent party, i.e., «altogether uninformed» and «egregious lack of knowledge» on the issue of self - representation rights as admonished by the court of appealAs for the suggestion that the judge should have held a competency hearing, how could a judge conduct a meaningful «competency» hearing against a defendant when the judge was the incompetent party, i.e., «altogether uninformed» and «egregious lack of knowledge» on the issue of self - representation rights as admonished by the court of appealas admonished by the court of appeals.

The defendant objected to this instruction, and raised it as an issue on appeal.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed against order to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was remote.

The Svea Court of Appeal found that when the relevant dispute - resolution clause (article 10) in the BIT is interpreted in accordance with article 31 and 30 of the Vienna Convention on the Law of Treaties («the Vienna Convention»), it only covers jurisdiction over issues relating to the amount, or method of payment, of compensation paid in the event of an expropriation, and not over the issue as to whether expropriation of an investment has occurred or not.

FIPO sought to appeal the CAT's judgment on a number of grounds including that the CAT had reached irrational conclusions on issues such as fee capping, top - up fees and consumer choice.

«As with all sentencing decisions, much will depend on the specific facts of the case and the circumstances of the offender and the nature of the offence at issue,» the Appeal Court said.