Sentences with phrase «judges accept the case»

Not exact matches

Western allies press Trump to maintain nuclear deal with Iran: Reuters US intelligence monitors Iranian cargo shipments into Syria: CNN A trade war is a major risk for China's debt - ridden economy: CNBC Federal judge orders gov» t must accept new DACA immigration applications: WaPo Unification of Koreas still unlikely as leaders prepare to meet: Reuters US Consumer Confidence Index rebounded in April after March decline: CB New home sales in US increased to 4 - month high in March: MarketWatch Richmond Fed Mfg Index turns negative for first time since 2016: Bond Buyer S&P Case - Shiller Home Price Index surged in Feb, up 6.3 % y - o - y: CNBC Federal Housing Finance Agency: US house prices continued to rise in Feb: HW Corp bonds with lowest investment - grade rating look vulnerable: Bloomberg 10 - year Treasury yield reaches 3.0 % for first time since 2014: CNN Money

A federal judge Wednesday allowed Maryland and the District of Columbia to proceed with their lawsuit accusing President Donald Trump of accepting unconstitutional gifts from foreign interests, but limited the case to the president's involvement with the Trump International Hotel in Washington.

If something so important for each individual is dependent upon accepting / rejecting a supposed scriptural «truth» (as you define it) then make the case for how it makes any sense at all that humans would be judged negatively for rejecting something they have no idea exists!!

The judge, Mrs Justice Lang, accepted that the case was unusual and said Birk was: «required, against his wishes, to remain a serving police officer for an indeterminate period of time — which I accept could be as long as two to three years if the IPCC finds there is a case to answer — during which time he will not be able to work, either as a police officer or in any other capacity».

Jurors had informed the court twice that they were deadlocked in the case against Percoco and three businessmen accused of paying his family more than $ 300,000 in bribes, but U.S. District Judge Valerie Caproni ordered them to keep deliberating and on Tuesday said she would accept a partial verdict.

Mr Okujeto Ablakwa who was commenting on Supreme Court Judge, Justice Jones Dotse's advice to political parties to emulate the attitude exhibited by Nana Akufo - Addo, who accepted the Court's verdict on the 2012 Election petition case that ruled in favour of NDC's President John Mahama.

In accepting the plea, Erie County Judge Kenneth F. Case agreed to sentence Kuebler, 27, to no more than an indeterminate 1 to 3 years in state prison.

The attorney for PHEAA said, «As you know a lot of Courts attempted to pursue undue hardship and find undue hardship in order to get at a partial discharge, and that's a tendency that has to be resisted, and it has to be resisted in this case because the debtor has to meet each and every one of the prongs in order to first find undue hardship and so, you know, we can understand why Judge Radcliffe may have gone to accept the Debtor's argument.»

Anyone who follows this route and then ends up in front of a judge or judge and jury would be hard pressed to master and explain the arcane events and principles upon which Accept for Value and Discharge is based, let alone win their case.

I would accept such a demotion (after all, the participants can wrangle away as long as they want, in Judy's Shed, or whatever you want to call the place you dump discussions you deem no longer productive, just not in our faces) by you on the grounds that you judged that the sceptical case had been given a fair airing, had been IYO convincingly rebutted, and was becoming sterile.

Lawyers want judges to copy — accept — the lawyer's view of the case, whether the position is made in oral submissions or written submissions.

With respect to A.B.'s second application that the coroner not be notified upon his death, Judge Perell accepted A.B.'s submission that medical - assisted death constitutes a form of treatment in this case.

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 — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

«In the case of articulate teenagers» said Thorpe LJ, judges must «accept that the right to freedom of expression and participation outweighs the paternalistic judgment of welfare.»

«In my experience it is very difficult for the judge who strives for a clean break to discern the point at which he has reluctantly to accept that such is impracticable in that the minimum appropriate level of capital award on a clean break basis to the spouse with the likely lower income would represent too great a loss of capital for the spouse with the likely higher income... this is a case in which the clean break... is just achievable, albeit only on the basis of a relatively modest departure from equality».

The Court of Appeal accepted that the judge was entitled to conclude that it was a normal characteristic for the horse to rear up in the particular circumstances of the case because it was «natural» for horses to do so in certain circumstances from time to time, even if such behaviour was not «usual».

«My goal for the web site,» O'Connor wrote in an e-mail to me, «is that someone who wants to keep up with current federal statutory - construction case law (what statutes are being construed, which arguments judges are accepting or using, etc.) would be able to do so by checking this web site for 5 - 10 minutes every week or two.»

Recall that the reason these cases came to the Supreme Court was that the Attorney General of Ontario took the position that the amici played a role similar to that of defence counsel and should accept legal aid rates, but the amici refused to accept those rates, and the judges fixed rates that exceeded the legal aid tariff and ordered the Attorney General to pay those higher rates.

Could this have been that one case that the judge decided, «No Mr. Prosecutor, I won't accept that lenient sentence recommendation in this case because the facts are just too abhorrent and he is too much of a danger to the community?»

The Mirena perforation cases failed because plaintiffs» attorneys could not find experts that the federal court judge hearing the cases would accept.

On the facts of this case, the only «principle of causation» the trial judge needed, assuming he needed it at all given the evidence he accepted, was Snell's «causation need not be determined by scientific precision».

However, perhaps we will soon see the same acceptance of law - related e-books in Canada in the same way most law libraries, lawyers and judges readily use and accept online versions of cases, legislation and journals.

In light of the recent case whereby an Australian man's unsent text was accepted by the judge as his official will, Paul Lewis considers the case under English law.

Information provided to anyone who accepted a brochure simply informed them of all the options jurors have when judging a case before them, leaving what they do with that information completely up to them and their consciences.

In this case the judge accepted the diagnosis.

Ultimately, I believe judges should emulate Justice Knazan the next time they are faced with a case that centres around Twitter (or Facebook, snapchat, kik, WhatsApp, LinkedIn, tumblr, instagram, Tinder, etc...) and put it to the participants in the matter to explain how the platform works, why the evidence should be accepted and what relevance any of it has to the legal issue before the court.

The trial judge accepted that argument, but the Appellate Division did not, concluding that the driver was allowed to pursue his case.

Only time will tell if the test adopted by the judges in Montgomery and O'Hare will replace the accepted Bolam test in cases of professional advice and whether this will have an impact on the outcome of professional negligence claims.

Of note in this case is the court's reliance on both a fairly narrow (but common) reading of this rule, that restricts the right to file a reply factum very narrowly, as well as an «administrative practice» for the court to not even accept a reply factum unless leave is obtained by a judge.

In his book How Judges Think, Posner urged legal and other scholars not to accept judges» descriptions of how they decide cases uncritically, but to bring an external and interdisciplinary perspective toJudges Think, Posner urged legal and other scholars not to accept judges» descriptions of how they decide cases uncritically, but to bring an external and interdisciplinary perspective tojudges» descriptions of how they decide cases uncritically, but to bring an external and interdisciplinary perspective to bear.

With respect to (2), the ONCA accepted the trial judges» determination of the parties» incomes but engaged in a thorough review of the case history, concluding that spousal support should terminate as of January 2012 (not 2006) and child support for the son should cease as of December 2010 when he began receiving ODSP payments.

Bruce Tregoning acted in a difficult case where he successfully persuaded the Judge to accept that the continuation of proceedings was contrary to the child's best interests despite a CAFCASS Officer's report that recommended an assessment by a child and adolescent psychiatrist was required.

Even though salary continuance is not a legal mechanism for the payment of statutory termination pay, and even though judges will often not order it as a remedy in a wrongful dismissal case, that does not necessarily mean that (a) salary continuance is never «legal» or (b) employees may not have to accept it.

In this case the judge had problems with the Plaintiff's credibility but accepted that her chronic pain syndrome was legitimate.

The Small Claims Court Judges accepted the employer's argument that the case must therefore be dismissed.

The first issue that a multi-jurisdictional Chinese family property case may involve, is whether a Vancouver or BC family law judge has or should should accept jurisdiction to decide a Mandarin family property division or Cantonese divorce case.

Many SDNY judges accept at least proposed jury questions from counsel and, if the case is high profile, a written questionnaire.

In this case, the judge accepted that the plaintiff's actions were reasonable writing at para. 105:

On the margin point, the trial Judge made the observation that most claimants seemed to contend that all valuations were «standard»; clear reference to the analysis of the authorities on the issue set out by Mr Justice Coulson in K / S Lincoln v CB Richard Ellis and the tendency for those bringing claims to argue for the lowest possible margin; but accepted that this valuation was in the exceptional category but at the lower end of such — a firm steer that in the right case a higher margin would be achievable.

Court clerks should accept documents and fee waiver applications filed in this manner, and the judge hearing the case will rule on the application at a later time.

In this case, the learned judge essentially concluded that, because defence counsel believed they had a reasonable opportunity of beating the plaintiff's offers, they were not offers that ought reasonably to have been accepted:

The Judge went on to say that had it done so in this case, it would inevitably have found that it was not reasonable for her to accept the accommodation.

Pharris said the high court may have decided to accept the appeal because it also agreed last week to take an elections case from New York state, where lower courts threw out nominating conventions for state judges.

«Judge Eiler did not cut deals with litigants behind closed doors, accept bribes or otherwise demonstrate that her decisions were governed by anything other than the law and the facts of the cases,» the justice continued.

On appeal, King J did not accept that the judge had treated the case as a «sharing» case, as opposed to a «needs» case and confirmed that the district judge had regarded the husband's bonus as part of the maintenance award: «What the district judge was saying... was that historically the standard of living of this family... was dependant on H's bonus... Had the proportions been different, (more income less bonus), he would have made the basic maintenance award higher.

The constitutional critique has been advanced by scholars like Pam Samuelson and Tara Wheatland, accepted by a district court judge in the Tenenbaum case, dodged on appeal by the First Circuit, but rejected outright by the Eighth Circuit.

Harvison Young J. concluded that the number of recent cases which accepted and applied the reasoning in Ainslie «overwhelming supports the motion judge's interpretation of s. 138.8 that it does not require the defendants to deliver affidavits or to be subjected to cross examination when they do not intend to lead evidence in response to the leave motion».

In this program, a panel of federal judges and practitioners will review the local rule, discuss reasons why you should volunteer to accept a pro bono appointment in Connecticut's US District Court, and offer practical advice for handling these cases.

Accordingly, His Honour Judge Luba Q.C. accepted the submission that where a claim was genuinely disputed on a ground which «appeared» to be substantial, the proper course for the judge to take was to give case management directJudge Luba Q.C. accepted the submission that where a claim was genuinely disputed on a ground which «appeared» to be substantial, the proper course for the judge to take was to give case management directjudge to take was to give case management directions.

Statistics issued by the SPC in August indicate that almost half of all cases accepted by the SPC in the first half of this year have been accepted by the circuit courts, meaning that circuit court judges are under extreme pressure to deal with cases that are complicated / involving large amounts in dispute on time, and discrete inquiries indicate that many are working weekends and into the night.