Sentences with phrase «judicial error of law»

The SJC for the first time ruled that a judicial error of law does not bar recovery in a legal malpractice case where a defendant law firm was negligent for failing to prevent or mitigate the legal error.

Not exact matches

Albert Camus's essay «Reflections on the Guillotine» cites a 19th - century French jurist's application of the law of probability to the chance of a judicial error with a result of one innocent man's being condemned in every 257 criminal cases.

First, the demise of the distinction between jurisdictional and non-jurisdictional error of law, along with the eradication in Ridge v Baldwin of the distinction between quasi-judicial and administrative decisions, paved the way for the development of a unified set of principles — of legality, rationality and procedural propriety — of judicial review of administrative action.

So long as there is some basis for an inference — in other words, the particular inference is reasonably open — even if that inference appears to have been drawn as a result of illogical reasoning, there is no place for judicial review because no error of law has taken place.»

Rather than equating the FSA's reliance on the privileged material with the public law concept of taking into account an irrelevant matter, the judge held that it was more accurate to consider the error as equivalent to a judicial or administrative body acting, in part, on inadmissible evidence.

We are at a loss to understand upon what principle of law, applicable to appellate jurisdiction, it can be supposed that this court has not judicial authority to correct the last - mentioned error because they had before corrected the former, or by what process of reasoning it can be made out that the error of an inferior court in actually pronouncing judgment for one of the parties in a case in which it had no jurisdiction can not be looked into or corrected by this court because we have decided a similar question presented in the pleadings.

I consider, therefore, that, when there was a plea to the jurisdiction of the Circuit Court in a case brought here by a writ of error, the first duty of this court is sua sponte, if not moved to it by either party, to examine the sufficiency of that plea, and thus to take care that neither the Circuit Court nor this court shall use the judicial power of the United States in a case to which the Constitution and laws of the United States have not extended that power.

The House of Lords, blasting aside arcane distinctions, said that this provision was not enough to oust judicial review for error of law.

They may lose their cases for a host of reasons unrelated to the merits such as judicial error, refusal or inability of witnesses to testify, novel interpretations in he law or the vagaries of jury verdicts.

Accordingly, on an appeal from a judicial decision, the interpretation of a non-standard form contract is normally reviewable only for palpable and overriding error unless there is an extricable question of law.

Judicial adventurism in Anisminic paved the way for Racal, where Lord Diplock, in obiter dicta, misinterpreted Anisminic to find that an administrative decision based on an error of law is automatically a nullity.

When you throw judicial error into the mix, law really is the wild west in terms of ethical enforcement and error detection.

If it may be thought that any error was entailed in the Court's perception of jurisdiction, such an apprehension by itself, would not justify the reversal of the Macharia Ruling, a decision which, as we must take judicial notice, will have established itself as a mark of certainty and predictability in the law,... on the basis of which numbers of people will have figured out their rights and expectations.