Sentences with phrase «judicial notice as»

And really, who's to say that Walter Sobchak isn't just as deserving of judicial notice as Iago or Hamlet?

Not exact matches

But as Pete noticed, the president actually went further, suggesting that judicial review of the substance of acts of Congress is unconstitutional.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.

But where with the advent of 31st December 1981, a sizeable section of the people recite a litany of ills and perpetual relive them, it can not, with the best will in the world, be classified as an ideal scenario for a public celebration, nor can its baleful antecedents escape judicial notice.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree that a printed version of these Terms & Conditions and / or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

As Omar pointed out, you can take judicial notice of something when it is a «notorious fact.»

The only difficulty is that his evidence belies an ignorance of the impact of residual mouth alcohol which is so notorious to the courts, as stated, by Durno, J., that Ducharme, J. is prepared to take judicial notice of it.

When sentencing an Aboriginal offender, courts must consider: (1) The unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts.To do this courts are to take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Aboriginal peoples.

It includes notices, accountings, more than 30 petitions and orders, bonds, compensation forms, letters, and client intake forms as well as the Judicial Council forms and local county forms.

As you can see, social media and social media content raise serious issues for the judiciary, with regards to independence, integrity and ethical standards, admissibility of evidence, the availability of ex parte information, the extent of judicial notice, practice rules, the right to a fair trial and juror conduct.

Le Blanc has done some preliminary testing of Employment Foresight, which helps users navigate difficult areas of employment law such as reasonable notice, worker classification, overtime exemptions and work classification by using machine learning to identify hidden patterns in judicial rulings.

However, as evidenced by Jolyon Maugham QC's proceedings before the Irish High Court in the so - called «Dublin case», the explicitly stated objective of which is a preliminary reference on the issue to the Court of Justice, the explicit question of whether notice under Article 50 TEU is revocable may be set to become the next judicial battlefield of the Brexit war.

The notice alleges Douglas «knowingly participated» in the sexual harassment of Chapman; that she failed to disclose anything about the situation in a personal history form related to an application for judicial appointment; that she is incapable as a judge because the nude photos question «the image and concept of integrity of the judiciary»; and that she did not fully disclose facts to independent counsel by modifying a personal diary entry that was relevant to the investigation.

Mr Dibb was correct in pointing out that I would be entitled to take into account, as a matter of judicial notice, that the use of the internet, to ascertain information about particular people, is now commonplace.

I do think the idea of allowing something close to judicial notice in place of expert evidence could only have one of two effects: 1) The judge would have decide on a case - by - case basis whether he or she is qualified to advise himself / herself as to «law» generally, or 2) The judge would have to undertake a self - qualification analysis to determine whether he or she is sufficiently expert in the area of law in question to forego actual expert evidence.

In a judicial review, the Federal Court of Canada disagreed, setting out the following regime for dismissals under the Code: An employer can dismiss an employee without cause so long as it gives notice or severance pay.

While I might have been prepared to consider taking judicial notice of the exceptional rarity of commercial bulk transport of chemicals by oxcart or horse, at least in the City of St. Catharines, the admission by the applicants that motor vehicles are used by Aquatech in the delivery of pool chemicals avoids that issue and strikes me as just the sort of non-controversial matter that the Court of Appeal... was referring to.

«However, they clearly violate the Criminal Code of Canada and this court takes judicial notice of the fact that in this age of the Internet, national boundaries are meaningless for the purposes of spreading hate propaganda such as that disseminated by the [National Alliance],» he wrote.

«Use of judicial notice to prove an adjudicative fact is the most controversial application of the doctrine, as it conclusively resolves a matter in a party's favour.»

Once the above 4 steps are completed, you and your spouse will need to take the next court steps such as setting down a Notice of Application, Attending a Judicial Case Conference, booking a trial date, etc..

This opinion is properly the subject of judicial notice pursuant to Evidence Code 452 (d)(1) as a «[r] ecord -LSB--RSB- of -LSB--RSB- any court of this state.»

Prohibiting the citation to unpublished opinions as persuasive authority under the no - citation rule is contrary to the conflicting judicial notice statute.

The judges didn't stand up for us as we took the stage, but they did as we got ready to leave... It was a good show... In March 2012 the remarkable Law Club band, Judicial Notice, with chanteuse Brenda Taylor, entered the ABA Battle of the Bands contest with this following video treat.

As such, it can take judicial notice of other proceedings in courts which «directly relate to matters at issue.»

While the non-citation rule prohibits citation to any unpublished opinion, judicial notice pursuant to California Evidence Code section 452 (d)(1) may be made as to the «[r] ecords of any court of this state...» On its face, this statute allows judicial notice of any opinion of the Court of Appeal as a record of a court of this state.

As such, judicial notice should be granted as to unpublished opinionAs such, judicial notice should be granted as to unpublished opinionas to unpublished opinions.

In this conflict, the judicial notice statute should take precedence, and courts should allow unpublished opinions to be cited as persuasive authority.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The court takes judicial notice of the ordinary meaning of all words in our tongue, and dictionaries are admitted not as evidence, but only as aids to the memory and understanding of the court.

The bill was filed in June, and the pleadings closed in December 1828, so that we have no judicial knowledge of any matters which have arisen since; confining itself, as the court must do, to the pleadings of the cause, and the decree of the court below, we can notice nothing not averred in the bill or answer, nor act on any evidence which does not relate to them.

meaning the court is bound to take judicial notice, as it does in regard to all words in our own tongue, and upon such a question dictionaries are admitted not as evidence, but only as aids to the memory and understanding of the court.

Judicial Notice is a legal doctrine (rule) wherein the court can recognize and accept as «fact» the existence of certain facts without the parties having to call evidence to establish that proposed facts.

We have evolved from Mallios v. La Reine, [1978] Q.J. no 380, there Greenberg, J. of the Quebec Superior Court was considering whether the trial judge was in error in taking judicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contjudicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contronotice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contJudicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a controNotice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a controversy.

The consultation of any standard and recognized atlas or map of Canada will immediately reveal that the Montreal harbour is located south of the sixtieth parallel of north latitude, and the trial Judge was correct in taking judicial notice of that fact, as well as of the fact that the Montreal harbour is located in Canadian waters.

L. Rev. 269 (1944), at page 286: «The party seeking judicial notice has the burden of convincing the judge that (a) the matter is so notorious as not to be the subject of dispute among reasonable men or (b) the matter is capable of immediate accurate demonstration by resort to readily accessible sources of indisputable accuracy.»

The Second District Appellate Court stated, «information acquired from mainstream Internet sites such as Map Quest and Google Maps is reliable enough to support a request for judicial notice.»

For example in Ishaq v Canada (Citizenship and Immigration), 2015 FC 156, (a case about whether a woman could wear her niqab during a citizenship ceremony), six public interest groups — including the Ontario Human Rights Commission, the Canadian Civil Liberties Association and the National Council of Canadian Muslims — were refused permission to intervene, as the court determined that they could not advance their proposed arguments without social science evidence to back them up; nor could the court take judicial notice (facts and materials are accepted on a common sense basis without being formally admitted in evidence) of any of the facts necessary to support the arguments.

Court may properly take judicial notice of park's location as north of intersection where Defendant was seen in hand - to - hand drug transaction, as shown on Google Maps, as it is a sufficiently reliable mainstream website.

2007)(a court may use mapping services, such as Google Maps, whose accuracy can not reasonably be questioned, to take judicial notice of the (approximate) driving distance between two points referenced in the record).

Daley, [2008] N.B.J. No. 16: 20 Among the authoritative sources which have been accepted by courts as the proper subject of judicial notice are maps (D'Astous v. Baie Comeau (Ville)(1992), 74 C.C.C. (3d) 73 (Que.

But, before we proceed to examine this part of the case, it may be proper to notice an objection taken to the judicial authority of this court to decide it, and it has been said that, as this court has decided against the jurisdiction of the Circuit Court on the plea in abatement, it has no right to examine any question presented by the exception, and that anything it may say upon that part of the case will be extrajudicial, and mere obiter dicta.

The paper includes sample applications for judicial review and a sample amended notice of constitutional challenge as appendices.

«De non apparentibus et non existentibus eadem est ratio: Where the Court can not take judicial notice of a fact, it is the same as if the fact had not existed.

The receiving party may disclose Confidential Information to the extent required pursuant to judicial order or other compulsion of law; provided that the receiving party shall provide prompt notice of such requirement to the disclosing party (to the extent legally permitted) and shall comply, at the disclosing party's expense, with any protective order imposed on such disclosure; provided further that the disclosing party shall reimburse the receiving party for the reasonable cost of compiling and providing secure access to such Confidential Information if such disclosure is required as part of a legal proceeding that involves the disclosing party.

Proving prevailing party status may be as simple as judicial notice of a voluntary dismissal or a final judgment.

Although there is no regulatory or judicial notice requirement for a merger of charitable organizations or a governance shift whereby an unrelated organization becomes the sole statutory member of a Massachusetts charitable corporation, the Division considers these fundamental transactions as well and requests informal notice when such transactions are contemplated.