Sentences with phrase «judge establishes the principle»

«The injunction granted by a conscientious and courageous judge establishes the principle that government may not deny children their right to equal educational opportunity by disproportionately laying off teachers in communities such as Watts and Pico - Union.

Not exact matches

But «in light of more recently delineated legal principles,» wrote Associate Judge Sheila Abdus - Salaam, «the definition of «parent» established by this Court 25 years ago -LSB-...] has become unworkable when applied to increasingly varied familial relationships.»

As Lord Pannick said, it would have been better if the concession «be drafted in more generous language», but the principle was established: «It will be for the judges to decide how and when that test should apply.»

While PAR is not widely or sufficiently employed, it nonetheless establishes the principle that some teachers can judge their peers and that the line between «labor» and «management» can be breached, a dramatic departure from past understandings and practices.

Aboriginal Offender not required to establish causal connection It is an error in principle for a sentencing judge, in assessing the first branch of the Gladue framework, to require an offender to establish a causal link between systemic and background factors and the commission of the offence.

Legal principle must try «to keep the law abreast of the society in which [the judges] live and work»: «If the law should impose upon the process of «growing up» fixed limits where nature knows only a continuous process, the price would be artificiality and a lack of realism in an area where the law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the courts should establish a principle flexible enough to enable justice to be achieved by its application to the particular circumstances proved by the evidence placed before them.»

This private member's bill sought to amend the Divorce Act so that judges would be required to apply the principle of equal parenting unless it could be established that the best interests of the child would be substantially enhanced by allocating parental responsibility other than equally.

To implement fully the principles of this Code as articulated in the Canons, judges should strive to exceed the standards of conduct established by the Rules, holding themselves to the highest ethical standards and seeking to achieve those aspirational goals, thereby enhancing the dignity of the judicial office.

(iv) In reaching these conclusions, the court was applying the principle established by Hanson that it will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong or discretion has been exercised unreasonably in the Wednesbury sense.

[41] In this case, we respectfully consider that the judge has erred in principle by taking upon himself the detail of parenting to an inappropriate degree, and by failing to establish who has the initial parental responsibility on the disputed matters.

However, the basic principle that the jury is legally required to follow the judge's directions was established in Sparf v. United States, 156 U.S. 51 (1895), and described by Ginsburg J (albeit in a dissenting judgment) as «conclusive» in Honda Motor Co. v. Oberg, 512 U.S. 415, 447 (1994).

It is a well - established tenet that the costs decision of a trial judge will only be disturbed if wrong in principle or otherwise plainly erroneous.

490 bore the burden of identifying for the application judge the correct legal principles governing its claim and adducing the evidence required to establish and quantify its claim of damages.

In considering the lawfulness of the detention pending deportation, the judge considered the four principles established in R v. Governor of Durham Prison, ex parte Hardial Singh, [1984] WLR 704:

It instructs judges, when making a parenting order, to apply the principle of equal parenting unless it is established that the best interests of the child would be substantially enhanced by allocating parental responsibility other than equally.

Whatever the judge's rationale, it would still be based upon his intepretation of the legal principles of his precedents of choice, with that intellectual process being a similar procedure used by real estate appraisers when establishing their opinions of so - called market values of subject properties by choosing certain comparable sales from amongst many available to justify said opinions.