Sentences with phrase «judicial determination of»

The section was described by the Yamatji Marlpa Barna Baba Maaja Aboriginal Corporation as «an enigma with no judicial determination of what this entails».

University of California at Davis School of Law: Judicial Determination of Child Custody When a Parent is Mentally Ill (PDF)

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.

Judicial determination of improper conduct requires review of the totality of circumstances.

«A stipulated judgment is not a judicial determination of any litigated right.

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.

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

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.

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.»

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.»

While guidance can be taken from judicial determinations of disputes between sellers and listing brokers, procuring cause disputes between listing and cooperating brokers, or between two cooperating brokers, can be resolved based on similar though not identical principles.

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.

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.

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.

These early stages are intended to effectively limit the number of cases that move on to stage 2 (conciliation and case management) and stage 3 (judicial consideration of documents and ultimate determination) of the OC process.

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.

(39) On an application for judicial review of the arbitrator's decision, no determination or selection that the arbitrator was required to make under subsection (29) shall be overturned unless the determination or selection was patently unreasonable.

The ruling aims to strip immigrants of the opportunity to have a judicial determination on whether they qualify for release from custody.

As the statute is currently written, there is no review, judicial, administrative, or otherwise, of the Secretary's determination of a high or sustained payment error.

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 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.

One of the biggest problems is the length of time it takes to get a matter into court for judicial determination.

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.

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.

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.

A judicial determination on what is «separate proceedings» and an assessment of the extent of the legal aid charge remains to be resolved.

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.

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»?

... 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.

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

SB 258 Changes the timing of determination of weighted case units for the purpose of calculating the judicial branch operating budget request and judicial salaries from October to July.

«Accordingly, our review of the statutory language and the statutory scheme reveals no clear and convincing indication of Congress's intent to bar judicial review of § 315 (b) time - bar determinations.»

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.

While we will be featuring posts over the coming days on this award that dissect and analyze the award, its international legal significance, and its larger geopolitical consequences for all claimants to the South China Sea dispute and third - party actors (such as the United States), for now, a close read of all 479 pages of this arbitral award reveals it to be an extremely rich and fertile piece of international jurisprudence, one that will certainly have far - ranging doctrinal impacts as an international judicial decision that is also an authoritative subsidiary means for determination of the international law rules under UNCLOS, especially on questions such as the: 1) normative weight of «historic rights» and differentiating the same from «historic title» and «historic rights short of sovereignty», and clarifying what could still possibly amount to historic rights that States could still validly assert within the UNCLOS treaty regime;

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.

Congress conferred on the courts no power to review their determinations save only as it has granted judicial power «to grant writs of habeas corpus for the purpose of an inquiry into the cause of the restraint of liberty.»

Professor Corbally instituted judicial review proceedings before the High Court seeking to quash the determination of the Medical Council.

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.

The Court of Appeal dismisses the Appellants» appeal, finds the fresh evidence could not have affected the result (had the matter proceeded to judicial determination).

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 evidence.