Sentences with phrase «judge decides»

If your brother is separating or getting divorced, he will spend a lot less time with the child, no matter what a judge decides
Let the judge yell: If the judge decides to turn your client's opponent into their yelling / shaming receptacle, your client needs to keep their mouth closed.
However, before the motion judge decides to weigh evidence, evaluate credibility, or draw reasonable inferences from the evidence, the motion judge must apply the full appreciation test.
A trial might be either a jury trial, in which jurors decide the case, or a bench trial, in which a judge decides the case.
A jury might award a large amount of money for pain and suffering but if the judge decides that the Plaintiff failed to meet the threshold — they will not be entitled to the money awarded by the jury.
In my view, when counsel fully address the Guidelines in argument, and a trial judge decides to award a quantum of support outside the suggested range, appellate review will be assisted by the inclusion of reasons explaining why the Guidelines do not provide an appropriate result.
«Time and again the judge decides that the evidence he finds most compelling is what is written down, particularly what is written in minutes.»
In court, you do not control the process or the outcome as the Judge decides.
conservator of the person: A person or business picked by a Judge to care for and protect a person when the Judge decides that the person (called the «conservatee») can't do it.
Accordingly, on a trial before judge and jury, the judge decides whether the evidential burden has been met.
If the term With Rights Of Survivorship does not appear on the title document, the survivor name on the title can not obtain a title in their name until a county judge decides, in probate proceedings, that the survivor has the right to ownership of the vehicle.
However, natural justice overtakes questions of contractual interpretation where a judge decides a proceeding on a basis that was not anchored in the pleadings, evidence, positions or submissions of the parties.
If the judge decides to give an indication where an assessment of future risk remains to be made he should make the following matters clear: (i) The offence (or one or more of them) is a specified offence listed in CJA 2003, Sch 15, bringing into operation the «dangerous offender» provisions.
In a sense, the judge decides what fine the individual is going to pay.
Not having complete materials when arguing before a different judge on whether the defence was required to file an affidavit from the accused in what is known as a section 276 application, where a judge decides if the defence can cross-examine the complainant on prior sexual history.
This article from the law firm Pringle Chivers Sparks explains how a judge decides on a sentence, discusses various types of sentences and describes other kinds of orders a judge may make after sentencing.
If the judge decides that you have a valid argument, they can authorize collateral remedies to fix the error.
Depending on what the district court judge decides, the judge can set aside, confirm, or modify the small claims judgment, and could even order a new trial.
If the judge decides you did violate probation, sentencing will follow.
In addition, your personal injury award could be drastically increased if the judge decides that the behavior and actions of the liable party are so egregious that they should be punished for their decisions.
If, after consultation with other panel members, a judge decides to prepare a separate concurring or dissenting opinion, any such separate opinion shall be circulated within twenty - eight (28) days of the date of circulation of the original opinion.
Then the judge decides what the jury can and can't hear.
If the defendant is guilty in Georgia then the Judge decides the sentence based on the criminal code and their review of any mitigating or exacerbating circumstances.
In some cases, the judge decides how much bail the accused must pay.
When a child has been delinquent, abused, or neglected, the family court judge decides how to help or protect that child.
There are very strict rules about what information may be presented to the decision - maker and things that you may think are very important for the judge or jury to know may never be heard because the judge decides they are «not relevant».
The lawyer will counsel you regarding the reasonableness of proposed settlement terms and what you might expect if the judge decides the case.
Although the court is permitted to go back as far as the Judge decides is appropriate, the general rule in the case law is that the court should not go back more than three years unless the payor parent has engaged in «blameworthy conduct.»
A CMC may be continued to another date if one or both parties come unprepared or the judge decides that further discussions or actions may assist in possible settlement.
Balance of Probabilities: In court, the judge decides on a «balance of probabilities» that one party's claim is more believable than the other party's claim.
If a judge decides that you meant to cause death or grievous bodily harm, the force you used to defend yourself will only be justified in situations where you reasonably apprehended that death or grievous bodily harm to yourself would otherwise result.
Sentencing The judge decides the length and type of punishment at a sentencing hearing.
As fines increase, so do surcharges... and if a judge decides not to impose a fine at all, one will be automatically generated in any event.
If the judge decides the case should go back to court the judge will issue a Summons indicating a new court date.
I feel even better knowing it'll be all over today after the judge decides.
In a digital world, sharing information online comes as second nature to many people, but if you're a party to a court case and post disclosure materials on the Internet, don't be surprised when a judge decides to restrict your access to those files.
Once the lawyers have fought over the instructions and the judge decides what will be presented, the jury only gets them in writing... in some states not even in writing, they only get them read to them without a copy to take back to the room.
For a contested divorce, both you and your spouse will usually need lawyers, there will be multiple court appearances and possibly a trial before the judge decides the contested issues and grants you and your spouse a divorce.
When the judge decides all of the issues in the case, he or she will issue a final order of divorce, also known as a divorce decree.
While the lawyers have some say in what instructions are to be given in their «charge conference,» the judge decides what the jury hears.
The judge decides whether someone can interpret accurately.
If the judge decides to begin the process then the complainant will have to swear an «Information» and, eventually, appear in Court to convince a judge that a Peace Bond should be issued.
If the judge decides in favor of the landlord, the landlord must then give the judgment paperwork to local law enforcement and pay a fee for an eviction escort.
A quote from the reasons delivered by Chief Justice Beverly McLachlin in Cusson: «The judge decides whether the publication was on a matter of public interest.
When a judge decides at some point after issuing a ruling to write an explanatory memorandum, the judge should carefully consider four factors:
If for particular reasons, a judge decides to have such a hearing in private, the court will notify the Press Association's CopyDirect service of the fact of the committal and give enough information for the media to make representations if so wished.
Even before the lower court judge decides to release you from jail, the first logical step is to hire a criminal defence lawyer.
If a judge decides to remove an occupant, the occupant can appeal 10 days after the order of removal.
The administrative law judge decides whether or not to make compensation payments on the basis of what the lawyers say, and what documents the lawyers submit.
You used an example of when a debtor moves to convert from Chapter 7 to Chapter 13, and a creditor files a complaint to oppose it, the judge decides the case by «finding for the plaintiff,» which really means the conversion was denied because the plaintiff is the creditor and the defendant is the debtor.
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