Sentences with phrase «judicial discretion which»

at p. 734, «the diversity of possible scenarios in family law dictates that courts maintain a flexible standard of judicial discretion which does not artificially limit the adaptability of the

As was stated by L'Heureux - Dube J. in Willick at p. 734, «the diversity of possible scenarios in family law dictates that courts maintain a flexible standard of judicial discretion which does not artificially limit the adaptability of the Divorce Act provisions».

Most importantly, however, and notwithstanding the above observations, while the onus of proving the sufficiency of the change in condition, means, needs or other circumstances rests upon the applicant (Payne, supra, p. 217), the diversity of possible scenarios in family law dictates that courts maintain a flexible standard of judicial discretion which does not artificially limit the adaptability of the Divorce Act provisions.

p. 217), the diversity of possible scenarios in family law dictates that courts maintain a flexible standard of judicial discretion which does not artificially limit the adaptability of the

Not exact matches

Civil liberties campaigners could contest proposals which would see the police handed the discretion to remove videos from internet sites, even with judicial approval.

While the factors that are examined are similar to the Brunner test, they include additional data which allows for greater judicial discretion and leads to a higher likelihood of student loans being discharged.

The legislation, which limits judicial discretion to grant extra credit for pre-sentence custody, restricts judges» power to address certain inequities in the administration of justice, such as -LSB-...]

Based upon complaints filed by, among others, Washington DC based Judicial Watch, the Commission had sought to remove Judge Kendall from the bench on the basis of criticisms of his bail and sentencing decisions in specific cases, none of which had ever been appealed and each of which was soundly within his legal discretion.

Effectively, applicants are thus not entitled to rely on the provision directly, but to judicial review which verifies whether this discretion has been used within the limits the Directive prescribes (para 25).

Bob: I think you raise an interesting point regarding «maximum sentences» as an equally dangerous fetter on the freedom of judicial discretion and yet I can't honestly think of a single example of a case in which a crown has said «I wish the maximum sentence was higher so I can seek out a «fair» sentence.»

An experienced family law attorney can work discuss the relevant factors with you to help weigh the probabilities of the outcome, which still involves a lot of judicial discretion.

This would be an untenable ground on which to exercise judicial discretion under the Dagenais / Mentuck test.

All noted commentary has stressed the importance of anti-SLAPP legislation providing a process for the efficient identification and dismissal of applicable cases, while at the same time, providing sufficient judicial discretion to allow for the variety of circumstances under which it will be applied.

Canadian courts have continued to expand the principles of fundamental justice since B.C. Motor Vehicles Reference, adding new (and yet somehow fundamental) principles, some of which have invited a great deal of uncertainty and judicial discretion, such as the principle that laws should not be «over-broad.»

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.

They are: to give judges discretion on whether to grant permission for a challenge if they are of «exceptional public interest»; and to allow judicial committees to decide the level at which individuals who fund cases will have to be identified.

The governor will make judicial appointments with full discretion, which must then be confirmed by the senate.

The appeal raises one main question: whether the three factors which courts are to consider in deciding the standing issue are to be treated as a rigid checklist or as considerations to be taken into account and weighed in exercising judicial discretion in a way that serves the underlying purposes of the law of standing.

Work v Gray provides little further guidance on how judicial discretion should be exercised when considering the issue of special contribution, beyond the principles which have already been set out in previous cases.

matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites omitted)

Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites judicial review»... (cites omitted)

In October, Senate Judiciary Committee Chairman Chuck Grassley, R - Iowa, announced he and a bipartisan group of senators were reintroducing the Sentencing Reform and Corrections Act, which would overhaul prison sentences for nonviolent drug offenders and allow for more judicial discretion during sentencing.

Given the keen interest of the diverse parties following this litigation closely, and the potential learning value of this case to a broad audience beyond, this case presents an ideal instance in which judicial discretion should be exercised under the auspices of the rule to admit Internet to the courtroom.

As an aside, on granting permission to appeal (as an application for permission to appeal had to be issued as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court of Appeal had recognised that it was unusual for an exercise of judicial discretion to be appealed but stated that the decision of His Honour Judge Purle QC was highly speculative as to «border on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»).

The letter states the NFL is offering its «full support» of the Sentencing Reform and Corrections Act of 2017, which seeks reforms and targets enhanced mandatory minimums for prior drug felons, increases judicial discretion for sentencing, and reforms enhanced mandatory minimums and sentences.

In Raggett v (1) Society of Jesus Trust 1929 for Roman Catholic Purposes (2) Preston Catholic College Governors [2010] EWCA Civ 1002, [2010] All ER (D) 116 (Aug) it was held that in a sexual abuse claim where the abuse was historic, the order in which the judge approached issues of liability and limitation did not affect the substance of an overall assessment as to whether it was appropriate to exercise judicial discretion under the Limitation Act 1980, s 33 to disapply the limitation period.

The leading authority as to the exercise of judicial discretion in these situations is Sandwell MBC v Hensley [2008] HLR 22 which states: before deciding to grant an SPO the court must be satisfied that there is a sound basis that the tenant will observe the terms of the tenancy agreement in the future.

The new Courts Law essay comes from new JOTWELL contributor Pamela Bookman (Temple), reviewing Robin Effron, Ousted: The New Dynamics of Privatized Procedure and Judicial Discretion (B.U. L. Rev. forthcoming), which describes how private procedure and judicial control come tJudicial Discretion (B.U. L. Rev. forthcoming), which describes how private procedure and judicial control come tjudicial control come together.

The determination of public interest standing relates directly to the effectiveness of process, and is therefore particularly appropriate for judicial discretion, which therefore should not render the test for public interest standing a strict technical requirement.

Sally O'Neill QC, chairman of the Criminal Bar Association, says her organisation supports any move to reconsider the current sentencing policy which is «far too prescriptive and allows insufficient use of judicial discretion».

It goes further by allowing, subject to judicial discretion, evidence of disposition which falls short of a conviction or acquittal but represents a type of behaviour, referred to as «other reprehensible behaviour» within CJA 2003.

Rix LJ cited with approval a passage in De Smith's Judicial Review (6th edition, 2007, at paras 10 - 065ff) and headed: Policy and Bias, which noted that decision - makers are entitled «to exhibit certain kinds of bias in the exercise of their judgment or discretion on matters of public policy» and while ordinary members of legislative bodies are «entitled, and sometimes expected, to show political bias» they of course ought not to show personal bias or participate in decisions on a matter in which they have a private pecuniary or proprietary interest.

In a recent opinion piece, ACLU legislative counsel Neema Singh Guliani argues that the CLOUD Act sidesteps oversight from both the legislative and judicial branches, granting the attorney general and the state department too much discretion in choosing which governments the U.S. will enter into a data exchange agreement with.

The Committee is concerned by the government bill in which it would be stated, contrary to a judicial decision, that ratification of human rights treaties does not create legitimate expectations that government officials will use their discretion in a manner that is consistent with those treaties.

For these reasons they are discriminatory and contrary to the ordinary principles according to which judicial discretion may be exercised.

At the discretion of the Board of Directors of the Board of which the award recipient, or the beneficiary of a settlement agreement, is a member, the Board may support the request for judicial enforcement in the court and, at the further discretion of the Board of Directors, reimburse the award recipient / beneficiary for costs incurred in seeking such enforcement if the courts do not award reimbursement of such costs.