Sentences with phrase «judges write judgments»

Can anyone imagine untenured Canadian legal academics undertaking a study whose question is: why do motion and trial judges write judgments?

I was one of those critics, and will explain in this column my claim that when a judge writes a judgment like Duncan he abandons his judicial craft.

Not exact matches

As he explains, «it is necessary to judge according to the written law, else judgment wold fall short of either of natural or of the positive right.»

The Heather Blazing (1992), one of his early novels, opens with Eamon Redmond, a conscientious high court judge in Dublin, writing his last judgment of the term before joining his wife Carmel for summer vacation in the County Wexford, from which they hail.

In theory a judge should just decide based on the law as written, but in practice their political leanings will always affect their judgment.

«Without further evidence of discriminatory intent, plaintiffs» claims would likely fail to survive a motion for summary judgment,» Senior U.S. District Judge Frederick Scullin wrote.

We had judges who were largely untrained, but they tended to be honest and they tended to be allowed to go their own way for a period of time and to actually write the judgments in the cases they heard,» he says.

To set aside a judgment for failure to attribute sources or for lack of originality alone would be to misunderstand the nature of the judge's task and the time ‑ honoured traditions of judgment ‑ writing.

Morden A.C.J.O. went out of his way to castigate the trial judge for the judgment that he «wrote»: it was all copied from counsel's arguments.

[6] While sarcasm is best avoided in judgment writing, the trial judge's comments clearly targeted the extravagant and unsupported public policy claim advanced by Mr. Gauthier in his affidavit.

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.»

The trial judge wrote in the decision — which has a section titled «The holiday party and its aftermath» — that «the plaintiff consumed alcohol to the point where it impaired his judgment and affected his behaviour that evening.

The judge in question adopted 321 paragraphs of his 368 paragraph judgment «almost word - for - word» from the respondent's written closing submissions and did not acknowledge the borrowing.

You want to know how many judgments a particular appellate court judge has written.

On that occasion, however, the Judge explained that she had been occupied with other cases and had been unable to prepare a written judgment.

And within 10 working days: of a court receiving a letter, you will get a reply written to you or by telephone; of a judge's order, you will get a copy sent to you; of the court receiving a request for cancellation of a registered judgment — paid within one month — with proof from the claimant of payment, a certificate of cancellation will be sent out; and of the court receiving a request for a warrant of execution with the fee, the warrant will be sent to a bailiff — and the court will ensure that the bailiff makes a visit within 15 working days from the warrant being sent out.

This is an important power because the Judge - rapporteur effectively writes a judgment in accordance with the deliberations of the chamber.

The unanimous judgment, written by Chief Justice Beverley McLachlin, on behalf of the seven judges who presided over the case:

The concept of how many judgments a judge writes does not really say much of anything about whether they're a good judge.

So for context, let's look at how many judgments each judge has written overall since August 2004 (a date I chose because that is when Justices Abella and Charron were appointed, and because the data is tough to parse automatically once you get past December 31, 2004).

Mr. Sirota offers quite a bit to chew on in just over 1000 words, but his argument, as I understand it, boils down to the following propositions: 1) Judges must generally apply the law as written and should work to foster stable legal doctrine, 2) In applying the law, judges can not avoid making moral and value - laden judgments; and 3) Judicial moralizing is, to a certain extent, desirable due to «democratic process failures,» meaning that the legislative process is not properly responding to the changing will of the people (Mr. Sirota also discusses briefly the circumstances in which courts should be permitted to overrule preceJudges must generally apply the law as written and should work to foster stable legal doctrine, 2) In applying the law, judges can not avoid making moral and value - laden judgments; and 3) Judicial moralizing is, to a certain extent, desirable due to «democratic process failures,» meaning that the legislative process is not properly responding to the changing will of the people (Mr. Sirota also discusses briefly the circumstances in which courts should be permitted to overrule precejudges can not avoid making moral and value - laden judgments; and 3) Judicial moralizing is, to a certain extent, desirable due to «democratic process failures,» meaning that the legislative process is not properly responding to the changing will of the people (Mr. Sirota also discusses briefly the circumstances in which courts should be permitted to overrule precedents.

While sarcasm is best avoided in judgment writing, the trial judge's [Motion Judge] comments clearly targeted the extravagant and unsupported public policy claim advanced by Mr. Gauthier in his affidjudge's [Motion Judge] comments clearly targeted the extravagant and unsupported public policy claim advanced by Mr. Gauthier in his affidJudge] comments clearly targeted the extravagant and unsupported public policy claim advanced by Mr. Gauthier in his affidavit.

As for the concept that juries have not only the power but the obligation to nullify unjust rulings of a judge, John Adams wrote, «It is not only [the juror's] right, but his duty... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court.»

This expands the old summary judgment test so that a judge can now decide a case as long as he or she has enough information from the evidence filed on the motion (typically limited to written evidence) to have a full appreciation of the case.1

«As needed» new courses, many developed with the NJI, included: the first course in Canada designed to teach judges communication skills; a judgment writing course; the first child protection program; courses on managing domestic violence cases; special programs to teach leadership and management skills to judges assuming the administrative roles within the Court; and a «family law primer» for Criminal Court judges who periodically sit in Family Court.

Berger J.A. concludes that the 3 judges of the Court of Appeal who will sit in judgment on the ultimate appeal should benefit from the unique perspective of the applicant interveners; that written submissions will assist the Court in a meaningful way.

At para. 1 of the judgment, Newbury J.A. wrote ``... Since the case turned almost entirely on the facts found by the (summary) trial judge and is unlikely to be of interest to anyone other than the parties, I do not intend to rehearse the facts in these reasons except to the extent necessary to explain our conclusions».

The primary role of law clerks, at both the Court of Appeal and the Supreme Court, is to provide assistance to judges in a variety of ways, including conducting legal research, preparing written memoranda, discussing matters with their judges, and editing and proofreading draft judgments.

«Looking at the opinions the individual judges wrote last year (as distinct from judgments they simply signed on to without comment) Chief Justice McLachlin and Justice Charron were the most solid majoritarians in the sense that they did the least concurring and dissenting, both wrote a total of nine majority or unanimous opinions, and Justice Charron wrote more unanimous judgments than anyone else — five.»

Is the fact that the trial judge cuts and pastes 85 % of one party's closing written submissions into his judgment «cogent evidence» displacing the presumption of judicial integrity which includes impartiality?

It demonstrates the importance of humility for judges; of empathy with those who appear before the judge; and of the virtue of simplicity in judgment writing.

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..

As a result more judges were reserving their decision in order to review his / her notes and the law before issuing their written reasons for judgment.

While Justice Nakatsuru did not actually make a mistake per se, he admitted that as a judge he had «sinned» in terms of writing less than user - friendly judgments over the course of his ten years on the bench.

Good to see a judge doing a bit of writing in judgments.

But an appeal court ordered a new trial last year, after two out of three of the judges on the panel ruled that Groves plagiarized 321 out of the 368 paragraphs in his own judgment — copying them almost word - for - word, without attribution, from the applicant's written submissions.

[28] Third, judges, who already face a significant responsibility addressing the increase in summary judgment motions that have flowed since Hryniak, are required to spend time hearing partial summary judgment motions and writing comprehensive reasons on an issue that does not dispose of the action.

The decision written by Abella was joined by only two other judges (Justice Michael Moldaver wrote a concurring judgment, joined by Justice Andromache Karakatsanis, which was more narrow in scope, while Chief Justice Beverley McLachlin and Justice Thomas Cromwell were in dissent and concluded a general warrant was sufficient even for seizure of prospective text messages, because they are stored on the databases of service providers).

Judges are also given free access to online services by the major legal publishers to ensure that their products are referenced in court judgments written by the jJudges are also given free access to online services by the major legal publishers to ensure that their products are referenced in court judgments written by the judgesjudges.

Bearing in mind that appeals are from the evidence and the judgment, not the reasons — assuming the reasons are an adequate explanation of the judge's analysis — those of you who are litigators (and care to look at what the judge wrote) should look at paras. 54, 60 - 64, 66, of the Smith reasons and ask yourself this question: assuming the evidence is as the judge wrote, is there a snowflake's chance in a very warm place of a successful appeal by either side?

However, while writing his reasons, the motion judge decided to resolve the motions on a fifth basis: he would grant a notional cross-motion by the respondents for partial summary judgment of their claim for breach of fiduciary duty and order a trial or additional summary judgment motions to prove victimization, harm and causation of harm, and to quantify the individual respondents» damages, if any.

Often, especially in claims involving simple facts, the judge will simply render an oral judgment on the spot and there will be no written decision.