Sentences with phrase «judges of actual cases»

Yet, in the end, nearly all theorists lean toward one of these two positions, simply because legal theory (unlike, say, literary theory) must finally guide the decisions by actual judges of actual cases.

Not exact matches

That's the kind of reasoning that used to get you into trouble in legal method courses during the first year of law school for failing to distinguish between the actual holding of a case and the obiter dicta of the judges.

It's a standard approach to most Industry Awards these days, and doesn't take anything away from the actual prestige of winning, because you still have to get through two rounds of judging, and in some case, a national poll!

There's a disturbing conversation to be had here about why the corrupt judge of the real case is replaced by a justice - loving curmudgeon — and, better, how it is that this film revolving around women's rights in the workplace is fought and won by men acting like boys, swooping in to rescue their damsels in distress and accusing one another of being girls while the actual girls sit around crying.

There was little evidence of actual cases of sacrifices, but with the blanketed news coverage in that day it was the sexiest way to judge teenagers of that era.

While the publishers have settled their suits prior to the DoJ case against Apple for a total of $ 166 million, Judge Denise Cote, who presided over the DoJ lawsuit, still has to rule on the actual damages Apple will pay.

As discovery could produce sufficient evidence to support a claim of actual malice or reckless disregard of the truth, Judge Combs - Greene concluded the cases should not be dismissed.

Please show cites to the actual cases where you believe specific errors of the type you describe are made, so we can judge whether you are mouthing preconceived notions by rote, or saying something relevant and generally applicable.

It is therefore perhaps unsurprising that the experts judged the contrarian statements to be misleading and incompatible with the actual data, especially in comparison to the mainstream interpretations of the same data, which would of course state the obvious fact that most glaciers are shrinking (in this case, presented as «rural populations shrinking»).

Judges and clerks are more impressed with the sheer number of cases that you discuss than the actual relevance of each case.

The Judge concluded the case by pointing out that the dispute demonstrated the range of possible outcomes when parties are calculating Close - Out Amounts, and the wisdom of ISDA making the changes that it did in the 2002 Agreement — NPC illustrated the type of outcome that a party given the role of decision maker and limited only by a requirement of rationality might press for, regardless of the fact of an actual replacement transaction.

I have represented judges and other public officials in libel cases and they are held to a high bar of having to prove actual malice by clear and convincing evidence and they should be.

The case settled shortly after Judge Richard Schell ruled that the jurors would have to find «actual malice» on the part of the defendants, Cisco and Frenkel, for plaintiff Eric Albritton to obtain punitive damages in the case.

The RIAA's only jury - trial win, the case against Minnesota mother Jammie Thomas, is expected to be declared a mistrial any day now due to the judge's second thoughts on whether copyright law requires proof of an actual transfer of files, as opposed to simply making them available.

While leaving detailed practical guidance for employees to the actual prosecuting agencies, the court expressed the expectation that future difficulties should be avoided by early disclosure from jurors of their relevant professional involvement with the criminal justice system, and careful enquiry by the trial judge as to the significance of this in each case.

The judge ruled specifically that the defendant was not on actual notice of the accident until over eight months after the accident and that the plaintiff failed to meet the necessary burden of showing how the district would not be «substantially prejudiced» by allowing the plaintiff's case to proceed against the defendants.

I do think the idea of allowing something close to judicial notice in place of expert evidence could only have one of two effects: 1) The judge would have decide on a case - by - case basis whether he or she is qualified to advise himself / herself as to «law» generally, or 2) The judge would have to undertake a self - qualification analysis to determine whether he or she is sufficiently expert in the area of law in question to forego actual expert evidence.

The case management judge failed to consider whether Mr. Pintea had actual knowledge of two of the three Orders upon which she based her decision.

Some of the judges from the conference referred to above supposedly «pleaded with the law professors to write about actual cases and doctrines, in quick, plain and accessible articles».

In fact, both parties may even agree to use top lawyers even if it means a disproportionate budget so far as the case managing judge is concerned, albeit he might well comment on its apparent unreasonableness for the purposes of the record and any subsequent assessment of actual costs incurred.

(correct test for Barrister appeals; whether outside the ex improviso rule, prosecutor may call evidence after prosecution and defence case closed; use of debarring orders against prosecutor; whether tribunal may «enter the arena» and strongly request the attendance of a prosecution witness; whether BSB has power to summons witnesses; whether prosecutor may communicate with disciplinary judge behind the back of the defence; whether such communication redolent of actual bias of judge where judge wishes prosecutor good luck on appeal; whether apparent bias doctrine can be engaged by post-trial conduct of judge; legal effect of serving BSB prosecutions department officer being 1 of 4 appointing members of the COIC «Tribunals Appointments Body» (TAB); whether TAB ultra vires the Bar's Constitutions; whether open - ended power of removal of member of COIC pool without cause, unlawful given position of BSB Chair and senior staff on COIC; whether ECHR Article 6 guarantees against pressure on disciplinary judges to conform with a prosecutorial mentality; whether disciplinary judges Art. 6 «independent» within Findlay v United Kingdom given key role of BSB prosecutions department in appointing disciplinary judges; serious non-disclosure by BSB of notes of secret meeting between BSB and disciplinary judge until day before appeal and despite requests and application for disclosure by defence)

The Court found a «serious risk of actual bias» when a judge had prior personal significant involvement in a case as a prosecutor.

The D.C. Circuit judges said that in any case where the actual - loss calculation is too complex to permit a timely calculation of restitution, federal judges can hold additional hearings «or to decline to order restitution at all, not to issue an order unsupported by the evidence.»

As with jury verdicts, the number of actual decisions by federal judges make up a tiny percentage of total cases.

Judicial clerks gain inside knowledge of how parties pursue actual cases and how judges resolve legal issues.

Jury nullification in the broader sense can cause cases to be thrown out by a judge or on appeal for reasons # 4 or # 5, but most of the time, jury nullification will not cause a verdict to be thrown out by a judge or on appeal (even if statements from jurors after the trial make it clear that jury nullification in the broader sense actually took place), if a jury that weighed the evidence and evaluated the credibility of the witnesses differently than the actual jury did could have reached the same verdict.

The judge made it clear that, while the question of when actual damage is suffered is fact specific to each case, where a solicitor owes a duty to bring about a transaction with particular characteristics, if upon completion the transaction is fl awed because those characteristics are absent, the client suffers actual damage on the date of the transaction.

Discussing the actual specifics of the terms of the life insurance request in a divorce should always be left to the Lawyers and the Judge involved the divorce case.