Sentences with phrase «judicial notice when»
Criminal defence lawyer Daniel Brown notes the case deals in part with the scope of judicial notice when it comes to accepting facts generally accepted to be true.
http://www.canadianlawyermag.com/ Not exact matches
As Omar pointed out, you can take judicial notice of something when it is a «notorious fact.»
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.
[Those familiar with the Meads case will recognize that judicial notice of statutes continues to pay practical dividends when «detaxers» question the existence of legislation.]
You know that a judicial proceeding has been filed against you when you are «served» with notice.
The Judicial Commissioner or other reviewer may have to form a view about some provision of the Act when approving a warrant or notice.
Another judicial trend in Ontario that picked up speed in 2015 is for the courts to place less emphasis on the character of employee when determining the reasonable notice period for lower skilled employees.
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.
Under KRE 803 (18), known as the learned treatise rule, statements from such a document are not excluded by the hearsay rules, even though the declarant is not available as a witness, when these statements are used in questioning an expert witness, either on direct or cross, if the statements are established as a reliable authority either by the witness, other expert testimony, or by judicial notice.
Taking judicial notice of the law is usually prohibited, but exceptions are discussed when this is allowed.
Some of the problems emerge when judicial notice is used for facts which may be disputed by the parties.
The appeal notice forms (N161 and N164) are easy to complete, when read with the guidance notes, and so is the judicial review claim form (N461).