In some legislations on the other hand there is no provision at all for
judicial supervision of expert opinions (Cyprus, Greece, Latvia), experts preparing and writing their reports in complete independence.
The objective of a trial management conference is to provide increased
judicial supervision of pre-trial steps of litigation and the conduct of trials.
The recent case of Evans Sweeny Bordin LLP v. Zawadzki, 2015 ONCA 756 considered
judicial supervision of contingent fees and started with the proposition that «A contingency fee agreement is enforceable only if it is both fair and reasonable».
If active and continuing
judicial supervision of school spending were to be institutionalized, the result would be a radical — and unnecessary — revision of the American system for appropriating public funds.
Not exact matches
«An independent
judicial commission
of inquiry with the
supervisions and observation
of international community be set up instead, to inquire into the Zaria incident
of December 12 - 14th 2015.
Adding constitutional equity and adequacy claims to the federal dockets, in the service
of an implicit right to education, could lead to an era
of federal
judicial supervision with no end in sight.
After achievement
of ELL students improved, the State argued that the original circumstances had changed and that the State should be released from
judicial supervision.
It becomes easy to file perfunctory annual reports with the court and let a case fall into dormancy without an official declaration
of «unitary» status, the legal standard for removing
judicial supervision.
The aim, for example, to broaden the range
of judicial decisions that are made by non-judges (and even non-lawyers), under the «
supervision»
of judges, is more concerned with greater centralisation
of services and with savings in the
judicial salaries budget.
This is so for two reasons, firstly, because it would upset the institutional balance
of power created by the Treaties, and secondly, because there would be a risk
of lack
of judicial supervision by the Court
of such powers.
The Model Penal Code: Sentencing project provides guidance on some
of the most important issues that courts, corrections systems, and policymakers are facing today, including the general purposes
of the sentencing system; rules governing sentence severity — including sentences
of incarceration, community
supervision, and economic penalties; the elimination
of mandatory minimum penalties; mechanisms for combating racial and ethnic disparities in punishment; instruments
of prison population control; victims» rights in the sentencing process; the sentencing
of juvenile offenders in adult courts; the creation
of judicial powers to review many collateral consequences
of conviction; and many issues having to do with
judicial sentencing discretion, sentencing commissions, sentencing guidelines, and appellate sentence review.
The Chief Judge
of the Provincial Court (Civil Division) had general
supervision and direction over sittings and assignment
of judicial duties in the Judicial District
judicial duties in the
Judicial District
Judicial District
of York.
An additional element to consider is the type
of remedies that would be available under such
judicial supervision.
A foreclosure sale under a Deed
of Trust does not have to follow the same procedures as a
judicial foreclosure, which requires stricter parameters and a higher level
of accountability; no
judicial supervision is required for a foreclosure sale under a Deed
of Trust in most states.
The majority differs from the dissenting view principally on the basis
of the weight attached to legislative intention; it is no accident, say Kay and Pitchford LJJ, that the grant
of draconian powers deemed to be necessary to combat terrorism is couched in a procedure where
judicial supervision is limited.
(145) Just as contract and property law may admit to more
judicial supervision than tort law, the need and possibility for effective legal
supervision will vary in pockets
of the administrative state.
The rationale for increased
judicial supervision is to provide assistance to parties in moving the case forward consistent with the overall objective
of the Rules, particularly the proportionality principles.
In the late 1970s California and several other states adopted a form
of statutory guidelines, narrowing
judicial discretion and, in most
of these states, replacing broad parole - release discretion with good - time credits and a fixed period
of post-prison
supervision.
But at the very least it defines more clearly the scope for
supervision of an employer's behaviour, the role
of the employment tribunal and, as Collins (op cit, p 40) puts it, the principles for the settling
of the boundaries for
judicial intervention.
Brown has sought to sweeten this bitter pill with promises
of judicial oversight and Parliamentary
supervision.
Prioritizing identified challenges (e.g., less than optimal collaboration, limited use
of sex offender - specific risk assessment tools to inform
judicial decision - making, non-specialized
supervision conditions).
The DCDC treatment model has two tracks that revolve around the value
of pairing evidence - based treatment protocols with
judicial supervision.