Sentences with phrase «judicial determination»
"judicial determination" refers to a decision made by a judge or court regarding a legal matter. It means that a judge has examined the evidence and arguments presented in a case and has decided on a resolution or outcome based on their understanding of the law. Full definition
Whereas married individuals are presumed to be the parents of any children born during a marriage, unmarried couples must receive judicial determination in order to be recognized as a child's parents.
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Others need more support, whether from dispute resolution services or by judicial determination.
One of the great strengths of the common law system is its ability to grow through the dialectical process of judicial determination of conflicting positions.
«[T] he public - rights doctrine applies to matters «arising between the government and others, which from their nature do not require judicial determination and yet are susceptible of it.»
Mild traumatic brain injury, MTBI, is often difficult to diagnose and as a result insurance companies like ICBC often refuse to pay proper compensation for this injury without judicial determination.
If, as a result of a final and binding judicial determination or because of a subsequent change in the governing law or its authoritative interpretation, it is established that any or all of said payments are not deductibe by xx, the parties agree to renegotiate the amount of the alimony payments so that this amount is consistent with the intention of the parties.
«It is without question an invasion of the authority of the judicial branch for the Legislature to pass a law that allows the executive branch to interfere with the final judicial determination in a case,» Chief Justice Barbara Pariente wrote.
Eliminating that regulatory authority would revive those claims and raise the specter of both unknown financial liability and, eventually (the wheels of justice may grind slowly but they do grind on), potential judicial determination of the appropriate emissions levels for all of the nation's power plants.
The Report however is highly judicial in nature, reaching conclusive judicial determinations of guilt, and including «detailed legal findings» even in the absence of the sensitive intelligence information which Israel did not feel able to provide.
... the principle that precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
The relationship between the principle that the welfare of the child should be the paramount consideration and the balancing exercise between Art 8 and Art 10 remains open for future judicial determination (In re W (Children)(Care Proceedings: Publicity)[2016] EWCA Civ 113, [2016] All ER (D) 04 (Mar)-- the Poppi Worthington case).
Its two - phase process allows government - qualified consumer organizations to sue on behalf of a defined class of claimants, prompting an initial judicial determination whether there is a sufficient «common obligation» to the claimants for the case to proceed.
Through judicial determinations and negotiated settlements, vast tracts of British Columbia's, and likely other provinces», territories will be found to be subject to valid claims of Aboriginal title.
Judicial determination vs. alternative disposition (e.g., settlements)?
Not only would linking failed mediation to prompt judicial determination focus the minds of the parties at mediation, it would tend to improve mediation by curbing unreasonable positions, and creating real, more affordable options for parties faced with unreasonable adversaries.
Although this is the first judicial determination made on an allegation, the Justice is not deciding upon guilt or innocence.
The only ground of challenge in these circumstances was likely to be that the secretary of state could not properly arrive at a decision that it may be appropriate for the care worker to be included in the list; a listed person could not get a speedy judicial determination of the underlying facts, namely whether or not he had committed the misconduct alleged.
The Family Law Courts provide judicial determination in contested matters, and may direct clients to dispute resolution services / practitioners.
Prior to joining Haynsworth Sinkler Boyd, he served as a Judicial Clerk to the Hon. Joseph F. Anderson, Jr., Federal District Court for the District of South Carolina where he prepared briefs and memoranda in preparation for judicial determination, provided research assistance, and drafted opinions and orders on a wide array of legal issues.
The simple truth is that in the long run a settlement makes a lot more sense than fighting through court to the bitter end and a judicial determination.
It now was assumed to mean that the substance of a law was open to question if it violated or impaired rights to life, liberty, or property, and that the content of those rights was subject to judicial determination and enforcement.
The suit concludes that a «dispute exists» over the governor's constitutional authority to force the Legislature to pass non-revenue items in a revenue bill and this «requires a judicial determination of the score of non-apportionment or non-revenue lanuague in Article VII bills.»
NLNG in 2013, went to court, seeking a judicial determination of among other things, the legality or otherwise of the levies sought to be imposed on it by NIMASA, and the consequent blockade of the Bonny Channel by NIMASA and its agents as a result of the dispute.
¶ Within the past five (5) years, has the Business Entity or any Affiliate, other than previously disclosed: (i) Been subject to the imposition of a fine or penalty in excess of $ 1,000, imposed by any government entity as a result of the issuance of citation, summons or notice of violation, or pursuant to any administrative, regulatory, or judicial determination?
But judicial determination could take years, allowing Pruitt to give Big Polluters carte blanche to continue dumping dangerous pollution into our atmosphere like it's an open sewer.
The ruling aims to strip immigrants of the opportunity to have a judicial determination on whether they qualify for release from custody.
As such, this legislative act by the government had amounted to an interference in ongoing legal proceedings: it had influenced the judicial determination in the secretary of state's favour in Reilly and was likely to do so in JH's appeals.
In David Schnarr v. Blue Mountain Resorts Limited, the plaintiffs brought a Rule 21 motion seeking a judicial determination on a question of law pertaining to the application of section 7 (1) of the Consumer Protection Act («CPA») in the context of a negligence claim where the defendant was relying on a waiver.
Served as lead counsel for a not - for - profit hospital in a case of first impression in which the Illinois Appellate Court upheld the hospital's right to seek a judicial determination regarding its entitlement to property tax exemptions without first seeking exemptions from the Illinois Department of Revenue
«A judicial determination on what is «separate proceedings» & an assessment of the extent of the legal aid charge remains to be resolved»
When making a judicial determination on the allocation of litigation costs, two decisions fall to the deciding judge under Civil Procedure Rule (CPR) 44.2: establishing which of the litigating parties is the «winner», and applying judicial discretion to determine any discounts or changes to awarded costs necessary to reflect elements of the case.
The Online Court would involve a three - tiered process of triage, conciliation and judicial determination.
Further, will a judicial determination that the content source (or method of acquisition) was illegal necessarily determine that usage was «unfair»?
But it does not mean that they did not have a bona fide interest in having a judicial determination of their legal claims.
Thus, a declaration of non-maternity would clarify the status of the interested parties in a manner that is worthy of judicial determination
Unless the parties decide otherwise, failed mediation and the judicial determination step should be linked.
It seems to me the mischief to which [the claimant] refers (that of ICBC requiring a judicial determination of every Part 7 claim) might be otherwise addressed by regarding s. 101 as a statement of the obligation the insurer owes to address claims in good faith in a timely manner.
After the announcement of the merger, petitioners perfected their appraisal rights seeking a judicial determination of the fair value of their interest in the Company.
If you can find a reasonable resolution to your legal issues without a judicial determination, you need to seriously consider agreeing to it.
«A stipulated judgment is not a judicial determination of any litigated right.