Sentences with phrase «judicial decision making where»

He continued that by giving legal effect to the Convention, we have transferred it out of the political arena altogether and into the domain of judicial decision making where public accountability has no place.

Not exact matches

Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...

The SCC unanimously held that, while the crown's decision - making process is subject to judicial review, crowns will only be barred from changing their minds where the defence can establish egregiously unfair and oppressive conduct tainted by bad faith or an improper motive.

Where the information that forms the basis for a political decision has been properly disclosed and the decision - making is transparent judicial interference should not be necessary or appropriate.

Lord Woolf arguably supplied a judicial tool - kit with many if not all of the tools required to make robust decisions on case management, including cutting cases down to size where appropriate.

(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys immunity from judicial proceedings and is not subject to the jurisdiction of the State Courts».

[79] In response to perceived difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps most importantly, the integrity of the judicial decision - making process.

Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.

In cases where an application for a sponsorship, Canadian work permit or visas, refugee claim, or federal skilled worker is denied or refused or in the case where a deportation or removal from Canada is issued, an appeal or an Application for Judicial Review can be made to reverse the decision of the immigration authorities.

Article 15 The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State.

The function of absolute immunity in the performance of judicial duties is not to shield members of the judiciary from liability for their own misconduct, but rather «to protect their offices from the deterrent effect of suit alleging improper motives where there has been no more than a mistake or a disagreement on the part of the complaining party with the decision made.»

«On the pedagogical side, we really think corporate law is an ideal course for many students in second term of first year because they get a chance to integrate concepts of a number of other courses they've taken in first term, and they get to do that in the context of a field where both statutes and judicial decision - making — case law — are important.

Unsurprisingly, perhaps, they found that neither the formalists nor the realists got it right with respect to judicial decision - making, the truth lying somewhere between intuition and deliberation; and they propose a way of helping judges move away from intuition where it leads to error.

The George Edgecomb Courthouse in Tampa, where the 13th Judicial Circuit will make decisions about reinstating licenses is already booked for 300 people and can not take any more.