Sentences with phrase «judges wide discretion»

While there can be no doubt that s. 130 affords trial judges wide discretion, this does not preclude the courts from developing legal doctrine that is applied with consistency, just as they have done with the entitlement to costs.

Not exact matches

Since umpires are (a) human and (b) granted wide discretion to judge the degree of transgression, it is only natural that they often respond to the sum total of a player's «offenses.»

Associate Professor of Journalism Rich Hanley was at one of these forums and recalls that Lahey felt the judge in the case had used wide judicial discretion.

Judge Sharpe has a very wide discretion in sentencing.

While state judges are guided by procedural rules, federal judges have wide discretion on how to run trials when it comes to emerging online technologies — with some guidance from precedent.

While a trial judge has wide discretion to determine the appropriate amount of a fee award, the SJC said, it was sending this case back because the judge appeared not to have evaluated the lawyers» billing records.

In the State of Florida, there is no set formula for alimony and judges have wide discretion in determining the amount and term of alimony.

«A judicially imposed starting point in this jurisdiction constrains the «wide latitude» and «broad discretion» accorded to sentencing judges by the Supreme Court of Canada, stifles that sentencing discretion and results in a chilling effect on the ability of sentencing judges to craft individualized dispositions.»

A fascination of this case is to watch a judge treading a careful path between the technicalities of issue estoppel and a possible strike out on the one hand, balanced against a clear emphasis on the court's duty to protect the welfare of a child in the widest possible sense: the first a matter of analysis of law, the second a matter of pure discretion.

Trial judges have wide discretion in fashioning appropriate relief for spoliation of evidence, and there was no abuse of that discretion.

This is because trial judges in family law matters have wide discretion in a lot of the fine points of alimony decisions, much of it exercised at the trial court level that does not generate binding legal precedents and is not widely available to researchers.

The problem is that there are no clear rules as to how finances are to be divided when divorce takes place and individual Judges have a wide discretion.

Indeed, at the trial level, judges have broad discretion in a wide variety of rulings.

The judge pointed out, however, that the court had a wider discretion under CPR Pt 32, which gave the court express powers to control the evidence it will receive.

If a trial can not be avoided, the judge has the widest discretion to impose a suitable solution, which is often (if the prejudice is substantial and there is deadlock) achieved by the compulsory buy - out of the minority shareholding according to a prescribed valuation process.

The Supreme Court applied the abuse of discretion standard, meaning that even for less serious crimes, trial judges will have wide leeway to impose lifetime probation.

Recently, judges have used their wide discretion to ease some financial burden that weighs on Charter litigants.

This is not a bad thing, and the Court of Appeal is correct that the section provides judges with a wide discretion to vary the PJI rate.

Under Civil Code section 1717, a trial judge has wide discretion to deny attorney's fees where there are no clear, unqualified winning litigants such that the results are «mixed.»

The Court then looked at the trial judge's decision to exclude the expert, in light of the Daubert test and the wide latitude of discretion granted to trial judges in determining whether an expert's opinion is relevant and reliable.

Judges have wide discretion to control their spaces.

Probate and family court judges had wide discretion and little guidance, and unpredictable court results could depend on who your judge was and other seemingly capricious factors.

Judges have wide discretion with these matters.

In many states, including North Carolina, judges have wide discretion in awarding alimony, both in amount and duration.

In practice, North Carolina judges have wide discretion in making alimony decisions.