Sentences with phrase «judge reached no conclusion»

Another such case was heard in Nova Scotia in 2014 (R. v. Race, 2014 NSSC 6 (CanLII)-RRB- and the trial judge, Justice Kevin Coady, gave some insight into how a judge reaches this conclusion and his own sensitivity to the emotions and frustrations of the families involved.

The Court of Appeal found that the motion judge reached no conclusion as to whether or not there was mould in the property at the time of the closing.

The Court of Appeal also noted the lack of analysis as to how the motion judge reached the conclusion that even if the problems in the house had been completely remediated, the responded would still «have a valid claim for the stigma that had attached to the subject property.»

The trial judge reached a conclusion that was open to him on the record.

Her reasoning is not so deficient that the parties are unable to know why the judge reached the conclusions she did

By contrast, a mistake in fact exists if a judge reaches a conclusion that no other reasonable person could have reached based on the evidence.

The evidence was weighed and the judge reached a conclusion...

Not exact matches

A judicial review («JR») is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body; they are a challenge to the way in which a decision has been made, rather than the conclusion reached.

«The Court takes no joy in reaching or declaring this conclusion, nor should anyone else treat the conclusion as anything other than disappointing and sobering,» the judge wrote.

After President Trump took office in 2017, the challenge in Judge Hanen's court had not yet reached a final legal conclusion because there had never been a full - scale trial on the legality of the November 2014 actions by President Obama.

«A very senior judge must hear it and it would be possible to reach a conclusion to what was done firstly without naming agents or officers; secondly to establish whether it was individuals or policies at fault; and thirdly so that guidelines for how to proceed can be drawn up.»

In Thursday's ruling, the appellate court ruled the judge's erroneous instruction to the jury at Silver's trial «was not harmless because it is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by law for the verdict to stand.»

In January 2012, a federal district judge in Colorado reached the opposite conclusion, ruling that a criminal defendant could be compelled under the All Writs Act to type in the password that would unlock a Toshiba Satellite laptop.

A Vermont federal judge reached the same conclusion in 2009.

The Judge highlighted the case of The Old Co-operative Day Nursery Ltd v OFSTED [2016] EWHC 1126 (Admin) in which Coulson J, held that an OFSTED inspector's conclusion had been irrational because she failed to have regard to the history of the nursery or previous reports in reaching her decision.

You were absolutely wrong to report that U.S. District Court Judge Robert F. Peckham «never reached a conclusion about whether [I.Q.] tests are racially biased» and that the appeals - court ruling now reinstitutes I.Q. testing for African - American students.

The number one conclusion that I've reached over the last nine months is that if Bill Finch had listened to public education advocates like Judge Carmen Lopez, and the Working Family Party members of the Board of Education, instead of his team of miscreants, he could have done a lot more to put Bridgeport's education system back on track while creating an image for himself as someone who is actually dedicated to broad - based educational opportunity and achievement.

The giant bookseller files a motion, saying the decision by an administrative law judge reached «erroneous conclusions» and was based on «a misstatement of the facts.»

This was the same conclusion reached by the judge in the collusion case, whose reading of Big 5 CEO emails showed a willingness to erode Amazon's market share at any cost, even to themselves.

The following points make it easier for you to judge if your decision is really sound, read it through and answer each point honestly to reach a conclusion.

The judges» verdict was anything but a foregone conclusion: it took hours longer than usual to reach a decision, and they went out of their way to praise «the outstanding presentations produced by all four artists».

OTOH, when you don't understand how a particular scientific conclusion is reached, you display a marked propensity to assume nefarious intent on the scientists» part; and to draw alternate conclusions that appeal to you more, at least judging by your dogged adherence to some of them.

Pill LJ concluded that the trial judge had reached the right conclusion, for the right reasons.

[For if trial judges] think their decisions are liable to be overturned unless they reach a particular conclusion, they will come to believe that they do not in fact have any choice or discretion in the matter...»

The research report pairs nicely with the conclusions reached in the Institute's 2014 report, Self - Represented Litigants in Family Law Disputes: Contrasting the Views of Alberta Family Law Lawyers and Judges of the Alberta Court of Queen's Bench.

On appeal by the creditor, U.S. District Chief Judge Mark L. Wolf said that Rosenthal should not have reached that conclusion without considering the fact that Bronsdon was eligible for a debtor - repayment plan.»

After hearing and watching both of them, the trial judge reached his own conclusions about what actually happened and convicted the husband of assault.

Blatchford's style for many years has been incisive, descriptive, graphic, and often ruthless when she (more often than not) reaches the conclusion (usually well in advance of the trial judge or jury) that your client is a fiendish monster.

The Court of Appeal stated that it was open to the trial judge to reach that conclusion.

Prosecutors appealed the trial judge's decision to the Saskatchewan Court of Appeal., which reached a much different conclusion.

[48] One can not say with certainty that the judge would have reached a different conclusion on the use of the pain diary if he had considered all relevant factors, in particular whether there was a reasonable explanation for the delay in its disclosure.

The judge added that Egilman reached «misleading conclusions» and failed to apply «reliable scientific methods.»

On occasion, even though judges may have reached a conclusion in advance, counsels» submissions may sway one member of the bench, who in turn could perhaps sway others.

Though a judge might reach a reasoned conclusion not to reduce a sentence based on these factors under § 3553 (a), Rita stresses that, even when giving a guideline sentence, a judge should «explain why he has rejected those arguments» put forward by defendants for a different sentence.

The judge reached the «firm conclusion» that Tarmac's interpretation of the contract was the correct one and rejected Costain's approach as «impractical, uncertain and commercially unworkable».

In her speech, Judge Sotomayor questioned the famous notion — often invoked by Justice Ruth Bader Ginsburg and her retired Supreme Court colleague, Sandra Day O'Connor — that a wise old man and a wise old woman would reach the same conclusion when deciding cases.

Two legal scholars and a federal magistrate - judge have conducted an in - depth study of how trial judges decide cases and reached an intriguing conclusion: Their frequent reliance on intuition results in regular mistakes in their decisions.

In Wilson v Her Majesty's Advocate 2009 JC 336, which also concerned opinion evidence, the High Court of Justiciary, in an opinion delivered by Lord Wheatley, stated the test thus (at para 58): «[T] he subject - matter under discussion must be necessary for the proper resolution of the dispute, and be such that a judge or jury without instruction or advice in the particular area of knowledge or experience would be unable to reach a sound conclusion without the help of a witness who had such specialised knowledge or experience.»

Cross defines this as «any rule of law expressly or impliedly treated by the judge as a necessary step in reaching [the judge's] conclusion» (p 72).

The Court of Appeal rejected this submission as it saw no distinction between a risk of exposure and a risk of harm, and as long as the evidence supported the judge's findings (which it did), he had reached an entirely reasonable conclusion that avoidable exposure in the school had made a material contribution to the risk and therefore to the eventual materialisation of the claimant's illness.

Sometimes a judge simply enters a verdict with no real substantive explanation whatsoever, despite the fact that a judge is supposed to write an opinion making the findings of fact and reaching the conclusions of law necessary to support the verdict.

So long as the administrative board reached its factual conclusions in a manner that was not obviously biased or unreasonable, then their factual findings will be respected by the reviewing judge.

The judge pointed out that the duty of an expert is to «provide opinion evidence that is fair, objective and non-partisan,» while adding, «I do not have any faith in the conclusions reached by [the cousin] and find that he is indeed in a conflict position.»

The court held that, under s. 142, «the courts have no jurisdiction to deal with coverage disputes, given that there is mandatory arbitration set up by s. 142 «In reaching this conclusion the Master cited a previous decision from a BC Supreme Court Judge where it was held that «the statute imposes a mandatory forum for the resolution of these disputes, and this Court is excluded from the process `.

However, the judge hearing the enforcement application, Sir Michael Burton, found that this evidence of inferred bias was «only the context, and a context in which I can reach no conclusions one way or the other on the evidence before me... «[2]

In reaching these conclusions the judge noted that, among other things, he had taken into account the administrators» professional standing and reputation, the fact that a court should not remove an administrator simply because conduct has fallen short of the ideal (but in this case it had «gone further than that») and that this was not a case where removal would encourage activist creditor applications or cause insolvency office holders to «have to look over their shoulders».

In addition, this report pairs nicely with the conclusions reached in the Canadian Research Institute for Law and the Family's 2014 report, «Self - Represented Litigants in Family Law Disputes: Contrasting the Views of Alberta Family Law Lawyers and Judges of the Alberta Court of Queen's Bench» by John - Paul Boyd and Lorne Bertrand.

The judge concluded that the only reasonable conclusion that could have been reached based on a proper analysis of the evidence that should have been admitted was that the engineer had always maintained that he was not an employee, but was self - employed as an independent contractor.

As a legal matter, Judge Landis (the commissioner and a former federal judge himself) could draw his own conclusions from this evidence; he wasn't bound to reach the same conclusion as the jury, particularly since a ban from baseball does not require proof beyond a reasonable dJudge Landis (the commissioner and a former federal judge himself) could draw his own conclusions from this evidence; he wasn't bound to reach the same conclusion as the jury, particularly since a ban from baseball does not require proof beyond a reasonable djudge himself) could draw his own conclusions from this evidence; he wasn't bound to reach the same conclusion as the jury, particularly since a ban from baseball does not require proof beyond a reasonable doubt.

In reaching this conclusion, the trial judge was well aware of the difficulties that Mr. Bhasin would have in selling his business given the «almost absolute controls» that Can - Am had on enrollment directors and that it owned the «book of business».