Sentences with phrase «judge relied upon them»

And for this statement you made earlier «This seems to be a case wherein a Judge relied upon other Judges» decisions in previous cases that somewhat mirrored the subject case details to explain away his decision»

This seems to be a case wherein a Judge relied upon other Judges» decisions in previous cases that somewhat mirrored the subject case details to explain away his decision, instead of sticking his neck out and incorporating good old common sense (from where good old English Common Law evolved from in the first place) to place the majority of blame where it 100 % rightly belongs, on the heads of the parties who created the problem in the first place... the sellers.

The cases the judge relied upon to decline to dismiss the pleadings motion did not support a conclusion that there was a category of cases in which a duty of care had previously been recognized.

«In an obvious effort to protect the Bay Street lawyers, Justice J. Bryan Shaughnessy refused to listen to Best's recordings, refused to consider the new evidence of his innocence and refused to allow him to cross-examine the very lawyers and witnesses that the judge relied upon to convict and sentence Best at the secret hearing.»

The trial judge relied upon this concession as the basis for her conclusion that there is no meaningful distinction.

«It is clear from the reasons for judgment that the articles had a material bearing on the acquittal as the judge relied upon them to find that the fingerprint identification was not reliable.

Practitioners should note, however, that in relation to capacity to consent to a deprivation of liberty, in a recent Court of Appeal judgment, [3] the Judges relied upon the test of Gillick competence for Young Persons (as opposed to the MCA 2005 test).

Not exact matches

While the Howey test is relied upon to judge whether an arrangement is an investment contract, Howey is not the end - all - be-all test to check whether a token is a security.

The Court, if it had wished to rely upon Jefferson to determine the true and original intent of the First Amendment, could have served themselves and the American people well by referring to Jefferson's warning to Judge William Johnson regarding the de-ter-min-ation of the original intent of a statute or a con - st - itu - tion On every question of con - struc - tion, carry ourselves back to the time when the Con - st - itu - tion was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.»

The judge therefore may rely upon recommendations of a court - appointed expert giving an impartial appraisal of custody matters.

Federal Judge Jack Weinstein thinks this way as well, observing in 1994 that due to the Daubert decision «Rule 706 of the Federal Rules of Evidence [which gives federal judges the authority to appoint their own experts] will be relied upon more frequently.

The wwwistrative Law Judge concludes that Peabody failed to demonstrate that the relied upon process is neither peer - reviewed nor transparent.»

The Administrative Law Judge concludes that Peabody failed to demonstrate that the relied upon process is neither peer - reviewed nor transparent.»

where the Trial Judge draws an inference / makes a finding of fact essential to the verdict which is plainly contradicted by evidence relied upon by the judge in support of the inference / findinJudge draws an inference / makes a finding of fact essential to the verdict which is plainly contradicted by evidence relied upon by the judge in support of the inference / findinjudge in support of the inference / finding; or

Criticism was made of the limited extent to which the Reviewing Judge had been taken through some of the technical documentation relied upon by the Agency resulting in him having to make «an educated guess» on a number of matters.

In particular, he considered Euteneier v. Lee, which was relied upon heavily by the motions judge.

«A judge may only rely upon the evidence presented at trial, except where judicial notice may be taken,» stated Justice Mary Saunders.

The Court of Appeal in Imerman therefore seems to be suggesting that if wives discover documentation, they are to rely upon their memory of the documents seen or embark upon a course of action well after the horse has bolted which could prove prohibitively expensive, and which has previously been judged «oppressive» and «a rare weapon for use in extreme or exceptional circumstances» (Burgess v Burgess).

It is a tragic irony that sentencing judges in the Sixth Circuit are required to give enhanced deference to guidelines which the independent Commission, relied upon so heavily by the Supreme Court in upholding the Guidelines, has now declared flawed and in need of reform.

the judge made a very detailed analysis that relied very heavily upon google's expert opinion.

The trial judge recited its understanding of the Linton holding as follows: «Where... the change in circumstances relied upon by the party seeking to modify the spousal maintenance was within the party's contemplation at the time of the decree, no relief is available since the change is not a material change in circumstances.»

The local authority identified two specific grounds relied upon on behalf of the father, one asserting that the Judge rejected the father's case on the deficits on the ABE interview, against, it is said, the weight of the evidence, but provides no analysis for coming to that conclusion.

The first instance judge was entitled to admit, and to rely upon, the opinion in the report.

In determining that the BLM pin was inappropriate, the Ohio court relied upon a First Circuit Court of Appeals case where a judge required an attorney remove a button advocating a particular political position on pending legislation.

In addition, the expert evidence relied upon by the trial judge in his analysis was admissible.»

The trial judge found that the evidence of the complainant was unsafe to rely upon and A.H. was acquitted of all charges.

With great respect, my colleagues minimize the significance of the mitigating factors relied upon by the sentencing judge for which there is ample support in the record.

Eric Goldman, a respected Santa Clara University law professor, told Courthouse News Service that Forrest's ruling was «shocking» and «far reaching,» noting in a blog post that the judge appeared to «eliminate -LSB--RSB- a bright - line rule that many internet actors rely upon.»

While the SSAGs are not legislated, they are heavily relied upon by judges and lawyers.

Ms. Urquhart argued that the trial judge incorrectly admitted and relied upon a Facebook message (a prior consistent statement) to convict A.G.

Ms. Urquhart argued that the trial judge incorrectly admitted and relied upon a Facebook...

Judge Posner rejects this since it relies upon «an engineer who works for Apple,» who the judge suggests may have a conflict of interest because he is «handsomely compensated by Apple.&rJudge Posner rejects this since it relies upon «an engineer who works for Apple,» who the judge suggests may have a conflict of interest because he is «handsomely compensated by Apple.&rjudge suggests may have a conflict of interest because he is «handsomely compensated by Apple.»

To support their decision, the three judges relied entirely upon extrajudicial information that — by their own acknowledgment — they «read [in] the newspapers.»

The trial judge dismissed the evidence of leading clinicians, researchers and palliative care experts about the situational and transitory nature of suicidal ideation amongst persons with disabilities approaching the ends of their lives, but overlooked comparable evidence which was relied upon by a key witness for the appellant.

Although it found that the trial judge had committed an error of law in her analysis of bodily harm, JA had only been charged with sexual assault simpliciter, and thus bodily harm could not be relied upon to vitiate consent (2011 SCC 28 at para 17).

Our published content is routinely cited and relied upon by authors and judges.

What else could the District Judges have relied upon besides experts and data.

I do not, however, find it appropriate to rely upon the slightly earlier episode detailed in my Brother STEWART's opinion, ante at 394 U. S. 157, as the trial judge ruled the uncontradicted supporting testimony inadmissible.

Committee members also relied upon data from surveys of judges, attorneys, and mental health professionals who work with children, reviews of court files, and a public hearing.

After considering the relevant considerations — such as the probative value of the evidence, whether it was self - serving, the reliability of the recording, and the prejudice that the applicant would face if it were to be admitted — the judge decided that the recordings could be relied upon during the trial.

[2] The flawed testimony upon which the trial judge relied forms one sentence of a 16 - page judgment that is otherwise flawless.

However, the applications judge did accept that the order sealing the material that the police relied upon for the production order should be set aside, and made a temporary non-publication order that prevented the press from disseminating some of this information to the public.

To engraft the Court's constitutional requirement onto the Act would destroy the system by preventing a sentencing judge from relying upon a presentence report for relevant factual information uncovered after the trial.

The facts upon which Judge Bates relied was committed outside the presence of the court, as it involves actions in the repossession and sale of marital assets which occurred in 2009, after the separation of the parties.

«The paragraph relied upon by the trial judge and the sentence he emphasized hardly signalled a system by which a trial judge could «short circuit» a trial even though there was further evidence to be called, and submissions to be made, simply because he or she thought they had «heard enough,»» Akhtar wrote.

In looking to real conduct, federal sentencing judges have long relied upon a probation officer's presentence report, which is often unavailable until after the trial.

Epstein, Landes and Posner found that federal district judges as a group tend to apply legalistic reasoning to resolve cases rather than relying upon their own ideological preferences.

Chair of the Family Law Bar Association, Lucy Theis QC, accused the LSC of putting increasing pressure on the family law system: «It should come as no surprise that the LSC hasn't got the courage publicly to announce this latest assault on legal aid... The expertise of the barristers who practise in this area of the law is relied upon by both the litigants and the judges.

Subsequently, however, upon a detailed assessment, the costs judge, relying upon a passage from Cook on Costs 2007, held that unless the claimant had been notified of the further sums payable, preferably before they had been incurred, the solicitor would be unable to recover costs in excess of the estimated amount.

There is no statutory right to have an intermediary and one has to rely upon the discretion of the Judge to grant legal aid.