The problem arises when
judges use their judgments to mock the parties» arguments.
The Court of Appeal
judges used their judgment on two preliminary issues (in particular, whether Dr Singh could use the defence of «fair comment») to mount a robust and somewhat lyrical defence (quoting Milton, amongst other things) of the right to scientific freedom of expression.
Not exact matches
Part of the problem the way the question is posed is by assuming that we can abstract an ethical ideal from one part of scripture and
use it to
judge the actions of God in another part of scripture, as though scripture were given us so we could form such dehistoricized abstract ethical
judgments!
If those around that person
judge and condemn him or her for not having a day to day job, then they have failed the test that is
used regarding the Sheep and Goat
judgment.
After describing in some detail the principle of complementarity in physics, Austin suggests that images of God as Father and as
Judge are complementary models
used to interpret individual and corporate experience.24 The prophet Amos, he points out, interpreted events in Israel's history primarily in terms of God's
judgment, while Hosea understood events in terms of God's forgiveness.
Used to justify all manner of errant nonsense, it is nevertheless «essentially prophetic, which is to say that its ideals and aspirations stand in constant
judgment over the passing shenanigans of the people, reminding them of the standards by which their current practices and those of their nation are ever being
judged and found wanting.
Using a phrase to designate the coming
judgment — «on that day» — the text (7:22 f.) says that many Christian prophets, exorcists, and miracle workers will appear before the messianic
judge.
The only novelty may come in breaking away from the clichés that have come to pervade our discussion of law and in recovering what
judges used to understand as the axioms of reason that supplied the grounds of their
judgments.
For with the
judgment you pronounce you will be
judged, and with the measure you
use it will be measured to you.
Yet, not only is Chris Conlee
judging his close friend, but he is
using this friendship as a reason we are supposed to trust his
judgment: «As one of my closest friends and partners in ministry, I can assure you that I have total confidence in the redemptive process Andy went through under his leadership in Texas.»
Conventional liberal criticism has deemed the «prayer» of Habakkuk to be a later, and unauthentic, addition, We prefer the
judgment of those who read here the report of the promised vision, which, in its
use of brilliant images, reminds us of
Judges 5 and Deuteronomy 33.
It seems that when people state «don't
judge me» they are not comfortable in their own
use of
judgments.
According to an order for declaratory
judgment which was sent by Rosenblum to a New York state Supreme Court
judge on Oct. 17, the mayor will seek to nullify a decision by the Democratic majority of Leon Potok, David Finch and Ilissa Miller on the village board to authorize a ballot referendum that — if passed by public vote on Election Day — would restrict Rosenblum's ability to appoint a village attorney as well as certain land
use board members.
One after another, teachers
used the words «meaningless» and «unfair» to describe the evaluations and the process
used to arrive at those
judgments... Another teacher said the majority of his autistic, special - needs students failed the SBA — a mandatory assessment test — yet he was
judged «highly effective.
Teachers make value
judgments about technologies presented to them, and the more valuable they
judge a tool to be, the more likely they are to
use it (Ertmer & Ottenbreit - Leftwich, 2010).
With
use of standard wording, one has the ability to refer to past
judgments to get clear interpretations of the text issued and reviewed by
judges.
A U.S.
judge issued a scathing decision on March 4 that found that American lawyer Stephen Donziger had
used corrupt means to help villagers win the
judgment against Chevron in Ecuador.
Before a summary
judgment judge should
use the expanded powers under Rule 20, they should first determine whether there is a genuine issue requiring trial based on the evidence which is already before them.
[5] In the months following the amendments to Rule 20, it has become a matter of some controversy and uncertainty as to whether it is appropriate for a motion
judge to
use the new powers conferred by the amended Rule 20 to decide an action on the basis of the evidence presented on a motion for summary
judgment.
The Ontario Court of Appeal is set to deliver long - awaited guidance on
judges» authority to
use the summary
judgment rule.
To maximize that benefit, CanLII, Canada's national support service for
judgments, statutes, and regulations, should be enabled to provide at cost, the greater and more complete support services that LAO LAW provides, but provide them nationally, and in all areas of traditional practice, to all lawyers and
judges who choose to
use them.
The list of issues should be
used by
judges to actively promote a consideration of whether particular issues were appropriate for summary
judgment or strike out applications.
Judge Reiss granted the defendants» motion for summary
judgment, finding that «the only reasonable interpretation of that language is that it requires Killington Ltd. to provide the designated passholder free
use of all ski lifts operated by Killington Ltd. at the Killington Ski Area so long as it operates in that area... «The term corporation, she wrote, «clearly refers to the named corporations, Sherburne and Killington Ltd.» and «reveals no intention to bind Killington Ltd's successors... To the contrary, Killington Ltd.'s obligations under the passes clearly terminate with its cessation of operations in the area.»
U.S. District Court
Judge Robert Sweet issued a summary
judgment ruling (pdf) that Myriad Genetics» patents on the BRCA1 and BRCA2 genes were invalid, as were the patents on Myriad's tests
using those genes.
The
judgment is part of a matrimonial dispute, in which Mr. Meads attempted to
use many of the various techniques and strategies adopted by what the
judge called «Organized Pseudolegal Commercial Argument [«OPCA»] Litigants.»
At the summary
judgment motion, the
judge found that the legality of the present
use of the residential apartments was a valid objection and the vendor did not establish that the residential apartments were a legal non-conforming
use.
The Hryniak decision backed Ontario's new rules on summary
judgment (
judgment made on a claim, without full trial, when a
judge finds an issue can be decided based on certain facts or clear, incontrovertible evidence), and provided guidance on when it can be
used.
Lord Denning and Justice Watt are not the only
judges to
use literary styles to open their
judgment.
Judge Zabel
used extremely bad
judgment in wearing that hat into the courtroom.
A
judgment where the
judge simply lists the cases he or she has referred to — and there are several of these — provides nothing that can be
used to validate any of those cases or, of course, his or her own reasons for
judgment.
Where a
judgment is given in favour of the Government, the perception, however ill - deserved, may be that the
judge has been co-opted through the
use of CMP in a miscarriage of justice.
The
judge found that the plaintiff was
using legal
judgment, and therefore, he was acting as a practicing lawyer.
Although he did not grant summary
judgment, the
Judge concluded that the case did not require a full Trial, and
used the new summary
judgment tools to tailor a «Summary Trial».
First, some states
use a summary
judgment standard that is less favorable to the moving party than that in federal court.92 Second, federal court
judges handle cases from start to finish, whereas many state court cases are not assigned to individual
judges until trial.
I tried to sue lawyers - they
used summary
judgment / vexatious to stop me - at all levels of court they never gave arguments so the
judges had to fill in their defence / represent them and at every level there was NO analysis - to give analysis they had to give all the arguments / case law of the defence if they support their side - so no analysis = there was no defence and the case was fixed to protect the lawyers - an obstruct justice strategy.
The case was before the advent of the Civil Procedure Rules 1998 and the
judge granted summary
judgment under RSC Ord 14 and injunctions to prevent the
use of the domain names by the defendants.
Even if
judges used Multimarkdown to write
judgments in plain text rather than Word, it would be a simple, consistent conversion process to HTML for CanLII and PDF, with professional typesetters (or even just CSS designers) worrying about double - spacing online or single - spacing in PDF, font choices, whitespace, etc..
Justice Brown encouraged
Judges to
use the tools given to them, namely the Rules of Civil Procedure and the inherent jurisdiction of the court, to drill down and question whether certain summary
judgment motions are appropriate, given the nature and progress of the particular lawsuit.
If, in the court's opinion, scheduling the summary
judgment motion would not be a prudent
use of judicial resources,
Judges should be prepared to refuse to schedule the motion.
In deciding if these powers should be
used to weed out a claim as having no chance of success or be
used to resolve all or part of an action, the motion
judge must ask the following question: can the full appreciation of the evidence and issues that is required to make dispositive findings be achieved by way of summary
judgment, or can this full appreciation only be achieved by way of a trial?
This is not at all beyond the powers of IT folks at the moment; and word processors can be customized, if need be, to enable machine readable
judgments to be crafted by
judges or their assistants with no more fuss than they now encounter
using Word.
Very recently in the landmark
judgment in Group Seven Ltd v Nasir [2016] EWHC 629 (Ch) the Chancery Division of the High Court, sitting with a full High Court
Judge,
used GHR in the costs budget of a claim for over # 9 million with a trial estimated to last 40 days.
These are particularly important in a contested divorce, as the
judge may
use these documents to form the basis of his
judgment for a settlement.
For post
judgment spousal support and modification of spousal support, the Court does not
use the disso master program per California law and
uses the Family Law Code 4320 factors which include earning capacity and income of each spouse, ability of spouse to pay support, need of a spouse for support, age and health of the spouses, any documented domestic violence and many other factors and the
Judge has discretion in the amount.