Sentences with phrase «judicial determination in»

The Family Law Courts provide judicial determination in contested matters, and may direct clients to dispute resolution services / practitioners.

Not exact matches

While judicial review still occurs in many of the Fed's regulatory determinations, in places where value judgments are of the most consequence, the Fed's lawyer is the first and last word on what the law allows or forbids.

Unfortunately, the episode seems to have provoked in liberals not a caution about judicial power, but rather an intensified determination to ensure that judges exercise power in liberal ways.

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.»

The Court of Appeals has accepted a determination by the Commission on Judicial Conduct that Alan Simon, a judge in Ramapo, Spring Valley and Hillburn, should be removed from the bench for violations of judicialJudicial Conduct that Alan Simon, a judge in Ramapo, Spring Valley and Hillburn, should be removed from the bench for violations of judicialjudicial ethics.

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.

On February 16, 2010, the states of Alabama, Texas, and Virginia and several other parties sought judicial review of EPA's determination in the U.S. Court of Appeals, District of Columbia Circuit.

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 legalJudicial 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 legaljudicial determination, provided research assistance, and drafted opinions and orders on a wide array of legal issues.

And although the Diocesan Bishop controls respondent Monastery of St. Sava and is the principal officer of respondent property - holding corporations, the civil courts must accept that consequence as the incidental effect of an ecclesiastical determination that is not subject to judicial abrogation, having been reached by the final church judicatory in which authority to make the decision resides.

Meanwhile, it is centralized in another aspect — as the courts have no cohesion as an independent body of government, they are subject to executive control, and judges may seek the advice of an executive judicial committee and be subject to removal for making independent determinations.

In this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial revieIn this case «protective» proceedings for unfair dismissal, breach of contract and sex discrimination had been issued in the employment tribunal (ET) and then stayed pending determination of the application for judicial reviein the employment tribunal (ET) and then stayed pending determination of the application for judicial review.

Justice David Brown delivered a paper on 21 November 2014 at the Carleton County Law Association Annual Meeting in which he sets out a 5 point action plan for moving the judicial system towards achieving its fundamental goal — the fair, timely and cost effective determination of civil cases on their merits.

If parties choose the path of judicial adjudication, our civil justice system should make it easier for them to get in front of a judge for a determination, at proportional cost.

The judicial review proceedings were concluded by consent in June 2016 leaving the only issue for determination by the court of whether costs should be paid by the Scottish authorities on the «standard» or «indemnity» basis.

On the one hand, when the chips are down, ODR determinations will, in practice, differ very little from conventional judicial decision - making.

Her divergence from the majority in both decisions rested on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus this bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (See Alliance Pipeline at para 80 and Alberta Teachers» Association at paras 82 — 89).

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

The history of the judicial interpretation of s. 7 of the Charter, which was engaged in this case, illustrates the difficulty courts face when engaged in adjudication of inherently moral and ethical issues, requiring policy - based determinations.

The Court conducted a constitutional assessment in light of Section 8 [1] of the Charter and was guided by the Supreme Courts determination in R. v. Vu, 2013 SCC 60, that there must be judicial authorization for the search and the search must be conducted in a reasonable manner.

But it does not mean that they did not have a bona fide interest in having a judicial determination of their legal claims.

Philip Rosen believes that this practice reflects a prosecutorial bias on the part of the Department of Justice, resulting in a «deference to judicial determinations of guilt and an insufficiently rigorous questioning of the foundations of criminal convictions.»

Thus, a declaration of non-maternity would clarify the status of the interested parties in a manner that is worthy of judicial determination

In this case, Justice Blair observed that underlying the proposed class action was an «almost entirely foreign - related factual matrix» and he found that Justice Perell's determination that he should exercise judicial restraint and decline jurisdiction was both well - founded and entitled to deference.

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).

Therefore, in any judicial determination regarding the custody of children, including where they reside, the best interests of the child should be the standard and primary consideration.

We also represent companies and organizations in administrative and judicial matters involving the determination of prevailing rates and the appropriate application of benefit payment.

Key chapters and sections cover: • Decision - making, including personal interests, bias and determination, equality and discrimination and elections • The process for making and handling complaints on conduct issues • The challenging of authorities on conduct issues including through judicial review, the Ombudsman and by using Freedom of Information • Offences • The law in Wales

TLSC staff have also provided statewide leadership in developing alternative funding sources for legal aid programs and advocated successfully for improved appeal rights for HHSC clients to include the judicial review of public benefit determinations.

The problem is simply stated as follows: Develop a principled approach to reconcile traditional accounts of the rule of law with the modern reality that administrative agencies and statutory tribunals who do not operate like or resemble the ordinary courts but who nevertheless occupy a large amount of space in our legal system and can not avoid making legal determinations in exercising their statutory duties which often implicate individual rights and interests to a greater extent than judicial decisions.

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.

In Reasons issued on behalf of a unanimous court, Justice LeBel reiterated that jurisdiction must be based upon a «real and substantial connection» between a particular forum and the subject matter of the litigation and that the determination of whether there is such a connection must not be a matter of pure judicial discretion but, rather, be based upon a clear set of presumptive factors that will be applied to whether the courts of a particular province can take jurisdiction.

In Sicurella, [1997] O.J. No. 4580, Justice Renaud has a discussion on scope of s. 13: Determination of whether a justice presiding at a preliminary inquiry could prevent the Crown from adducing certain evidence emanating from an accused during judicial interim release hearings given that section 13 of the Canadian Charter of Rights and Freedoms provided that a witness who testified in any proceedings had the right not to have any incriminating evidence used to incriminate that witness in any other proceedings, except for the giving of contradictory evidencIn Sicurella, [1997] O.J. No. 4580, Justice Renaud has a discussion on scope of s. 13: Determination of whether a justice presiding at a preliminary inquiry could prevent the Crown from adducing certain evidence emanating from an accused during judicial interim release hearings given that section 13 of the Canadian Charter of Rights and Freedoms provided that a witness who testified in any proceedings had the right not to have any incriminating evidence used to incriminate that witness in any other proceedings, except for the giving of contradictory evidencin any proceedings had the right not to have any incriminating evidence used to incriminate that witness in any other proceedings, except for the giving of contradictory evidencin any other proceedings, except for the giving of contradictory evidence.

For example, Madam Justice Deschamps wrote a concurring opinion in Alberta Teachers» Association on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus a bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (Alberta Teachers» Association at paras 82 — 89).

In the initial judicial review hearing Justice Rooke concluded the applicable standard to review the Board's decision was correctness on the basis that the Board's determination that it could increase assessed property value was a true question of jurisdiction — one of the established exceptions to the presumption of deference owed by a reviewing court to a statutory tribunal interpreting its home legislation (see Edmonton East (Capilano) Shopping Centres Limited v Edmonton (City), 2013 ABQB 526 (CanLII) at paras 18 - 31).

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.

As is well known, in Anisminic, the Appellate Committee of the House of Lords was required to decide whether an «ouster clause» that appeared to preclude judicial review of administrative determinations actually had that effect.

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.

Administrative law — Judicial review — Municipal law — Taxation — Real property tax — Payments made by Federal Crown in lieu of real property tax — Assessed value of Halifax Citadel — Whether the Federal Court of Appeal erred in holding that the Minister is unconstrained by the assessed value of the property determined by the assessment authority in determining the property value of a federal property for purposes of the PILT Act — Whether the Federal Court of Appeal erred in holding that the Minister acted reasonably in determining the property value of the Halifax Citadel lands (adopting the determination of the Dispute Advisory Panel appointed under the Act), and in particular in valuing the portion of the lands upon which are located improvements which are exempt from payments in lieu of taxes, representing 47 of 49 acres of the site, at $ 10 — Whether the Court should consider the present case as it raises similar issues as Montréal (City) v. Montréal Port Authority 2010 SCC 14, [2010] 1 S.C.R. 427, but from the perspective of assessed value — Payments in Lieu of Taxes Act, R.S.C. 1985, c. M - 13.

It is apparent from this wording that the UN Security Council is endowed with a power to make determinations of fact (which in practice are unlikely to be susceptible to judicial review before the International Court of Justice), which in turn may trigger resolutions authorising the use of force, and otherwise binding upon all UN member states.

Caught in that dilemma the reasonable party's option is either to accept a settlement that does not fairly reflect the chances of success at a judicial determination, or trudge on uphill through mud and obstacles rolled in the way of getting a matter before a judge for determination.

«A judicially noticed fact must be one not subject to reasonable dispute» because it concerns a matter «[g] enerally known» or a matter «[c] apable of accurate and ready determination by resort to sources whose accuracy can not reasonably be questioned» [a] nything which can be «looked up» in an authoritative source is a candidate for this type of judicial notice.

Judicial Power's account: The House of Lords found the rejection of the claimant's application for compensation by the FCC [the Foreign Compensation Commission] to be unlawful, despite legislation providing that «determination by the [FCC] of any application made to them under this Act shall not be called into question in any court of law».

Evidence disclosed as a result of the judicial review hearings in 2008, after the SFO dropped its investigation of BAe in relation to Saudi Arabia, demonstrated its determination to investigate the company despite the odds.

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.

Mr. Washington argues that the statute allows law enforcement officers to seize and hold vehicles based on an officer's probable cause determination for up to six months without judicial oversight and without allowing individuals the opportunity to challenge that seizure and deprivation — in other words without a post-seizure, pre-forfeiture hearing.

R (OAO Southern Drinks) v HM Revenue and Custom Acted for an alcoholic drinks wholesaler in a judicial review challenge to a decision by HMRC refusing to grant interim reinstatement of a WOWGR approval pending the substantive determination by the FTT of an appeal against the revocation.

Courts can not treat the legal custody granted by signing an affidavit of parentage (AOP) the same as a judicial determination custody; therefore, a party seeking a determination of custody and parenting time, having only signed an AOP, can not be required, as is the case when modifying an order of custody or parenting time, to show proper cause of a change in circumstances.

Although the parties had previously stipulated to a temporary custody arrangement, there was no permanent judicial custody determination in place at the time of the hearings.

(1) Arbitration is a process (other than the judicial process) in which parties to a dispute present arguments and evidence to an arbitrator, who makes a determination to resolve the dispute.

Only the Family Court Judge in the child's area of Pakistan can make a judicial determination concerning the placement of the child.