Sentences with phrase «legal issue before the court»

(For an in - depth discussion of the legal issues before the court, see this post at Patent Baristas.)

Ultimately, I believe judges should emulate Justice Knazan the next time they are faced with a case that centres around Twitter (or Facebook, snapchat, kik, WhatsApp, LinkedIn, tumblr, instagram, Tinder, etc...) and put it to the participants in the matter to explain how the platform works, why the evidence should be accepted and what relevance any of it has to the legal issue before the court.

Not exact matches

According to the Servicemembers Civil Relief Act (SCRA), a firm has to procure a court order before repossessing a vehicle belonging to a member of the military, a law that was established to protect soldiers and other military personnel from having to deal with legal issues while they're actively serving.

She practices in the areas of insurance, general litigation and medical - legal issues and has appeared before all levels of court in Alberta and the Northwest Territories.

What availed as the common wisdom of mankind until the day before yesterday — for example, that man, woman, mother, and father name natural realities as well as social roles, that children issue naturally from their union, that the marital union of man and woman is the foundation of human society and provides the optimal home for the flourishing of children — all this is now regarded by many as obsolete and even hopelessly bigoted, as court after court, demonstrating that this revolution has profoundly transformed even the meaning of reason itself, has declared that this bygone wisdom now fails even to pass the minimum legal threshold of rational cogency.

He said that Burroughs had been sworn in before Circuit Court Judge Arthur Dunne issued a stay order on Washington appointments that were approved May 9 by the City Council and that the Netsch appointment, approved June 6, was not covered by the order and not subject to a legal challenge.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen&raLegal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen&ralegal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

The legal issues are now before the court to be resolved.»

5.3 All the people of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard».

According to a Motion on Notice filed before a Federal High Court sitting in Akure, the applicant through his legal team led by Dr Remi Oyebanji, described the remand order issued and dated August 24, 2016 by the first respondent (Justice Akeredolu) and executed by the second respondent through his officers as illegal and unconstitutional.

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I just bought some real estate with some of my emergency fund that needed several months before I could properly finance it due to some legal issues with the deed that needed to go through court because there was a deceased person on the title.

The EPA will have to justify to a court why the legal issues in the CPP — which, again, were in the midst of being decided by the DC Circuit before Pruitt told the court to drop it — are so severe as to require immediate repeal, with no replacement ready to go.

«This is the first time this issue has been squarely before the courts and the first time before the Supreme Court of Canada,» Janes told Legal Feeds.

The public interest demands that the disputes and legal issues brought before the courts be resolved in a timely and effective manner, all the while maintaining the integrity of the judicial process.

Thomas Bruce, Director of the Legal Information Institute at Cornell University Law School, spoke before the House of Representatives Judiciary Committee specifically to the Judiciary's Subcommittee on Courts, Intellectual Property and the Internet who are exploring issues related to judicial transparency and ethics.

Again, this applies at the inception of the private prosecution, where, for example, the defence might be able to demonstrate that the evidence in the information laid before the Magistrates Court has been obtained in breach of undertakings given in other legal proceedings, such that no summons or arrest warrant should be issued.

While most of the curriculum at Harvard during this time consisted of lecture and student recitation, skills development was also provided in the form of weekly moot courts, during which students argued questions of law before professors and submitted occasional written disputations on legal subjects.121 Although Stearns had previously used moot courts in his teaching at Harvard, Story and Ashmun refined them.122 Cases were handed out the week before argument, and two counsel were assigned to each side.123 The cases would then be argued the next Friday, with the other students taking notes of the argument; the professor in charge that week would issue a written opinion.124

We also have an extensive amicus practice before the US Supreme Court and other appellate courts and regularly brief, argue, and advise on complex legal issues that arise in various trial - level fora.

Counsels the operator of one of the largest mining projects in the Southern Hemisphere on general legal and tax issues; representation of the same before local courts and authorities

Before reaching the legal issues, the court provided a lengthy rendition of the TAR 1.0 process, where senior partners (or a small team) do all of the training.

In this current electronic age there are even more resources available (at no cost) for conducting legal research online than ever before (for example, there is now the CanLii system and our own court's website — which includes the vast majority of the court's written reasons issues since 1999, at least).

93 One of our fundamental beliefs is that lawyers generally — not just constitutional advocates before the United States Supreme Court — need access to the scope of arguments available through a global approach.94 Consequently, we think the advocacy component of the traditional LRW course may be the best place to think about incorporating a global legal issue.

[29] Self - represented litigants whose aim it is to protract court proceedings to force the other side to expend significant resources on legal costs due to scurrilous allegations that are without any evidentiary foundation and are entirely irrelevant to the issue before the Court will meet the hammer of a cost's acourt proceedings to force the other side to expend significant resources on legal costs due to scurrilous allegations that are without any evidentiary foundation and are entirely irrelevant to the issue before the Court will meet the hammer of a cost's aCourt will meet the hammer of a cost's award.

The courts, and the LSUC's panels before them, wrestled with no fewer than three important legal issues in reaching their decisions.

The Chief Justice of Canada, the Right Honourable Beverley McLachlin, addressed the latter in her recent lecture to the Canadian Bar Association, but I do not perceive that she or anyone else in the legal community have addressed the fundamental issue that the SRL phenomenon raises: the right to participate in the making of common law; the ability to put a set of interests before the courts that hitherto have not been able to afford to be there — and thus, a rather significant challenge to the validity of the whole body of common law as it stands.

I guess the Supreme Court issued another banal decision which reinforces the legal wisdom of going before the courts as either a crap shoot or the judges decide based on personal ideological predilections and wrapped up in res or decisis.

According to the Toronto Star, the PM changed his story to suggest he foresaw a court challenge and legal issue that he and his advisers were surprised at as it had never arisen before and thus was consulting with «outside» legal experts on a matter that was likely to end up being referred to the Supreme Ccourt challenge and legal issue that he and his advisers were surprised at as it had never arisen before and thus was consulting with «outside» legal experts on a matter that was likely to end up being referred to the Supreme CourtCourt.

While we see more legislation criminalising peaceful protest, repressive legislation for asylum seekers, and with Courts busier than ever before in family and care proceedings, more and more people will face these issues without legal representation.

They met the evening before for an educational session by legal clinic staff about the Court and the legal issues.

You do not have to wait for the other parent to issue Court proceedings against you before you approach a specialist solicitor to find out about your legal position in confidence.

Feb. 2013 — after arguing for over two years that the lawsuits should not be heard in Canada, HudBay abruptly abandons this legal argument and concedes the lawsuits can be heard in Canadian courts, just before an Ontario court was set to determine the issue.

We have also appeared before the Supreme Court of Canada addressing various prison law issues including the writ of habeas corpus, appropriate sentencing credit for pre-trial custody, the interpretation of legal grounds for pre-trial detention and the constitutionality of mandatory minimum sentences.

This book covers the most fundamental legal and practical issues that Canadian patent lawyers and patent agents are likely to face in everyday practice before the courts and the Canadian Intellectual Property Office (CIPO).

The Competition has law students from a number of prominent U.S. law schools present a mock legal issue as if they were before the U.S. Supreme Court.

The appeal raised significant legal issues never before decided by the court, including whether a domain name can be considered property that is subject to seizure under Kentucky law and whether a domain name can be considered a gambling device under the law.

The cost of legal proceedings can be prohibitive for many individuals, so much so that legal issues are going unresolved or litigants are opting for self - representation before the courts.

Indeed, one thing that struck me about recent Twitter and online commentary was that many conservatives who have criticized Justice Ginsburg for her extrajudicial statements wrote approvingly of recent public statements she made about the importance of due process in Title IX proceedings, without mentioning broader concerns about extrajudicial statements on legal issues that may come before the Court or about issues that are part of current political debate.

The Law Society's view (and one must be cautious here as the practice note advises that the solicitor takes independent legal advice — I would personally suggest that any solicitor grappling with this issue seeks an emergency declaration before the High Court) is that TA 2000, ss 19 and 21A do not override legal privilege.

Together they provide an unparalleled combination of extensive experience providing conflicts of interest legal opinions, representing government clients in Commission investigations, representing clients in public hearings before the Commission and litigating ethics issues in both trial and appellate courts.

Routinely appearing before arbitrators, federal and state courts, and administrative agencies, he has handled mediations, arbitrations, injunctions, trials, and appeals covering a wide range of complex legal issues, including:

As trusted legal advisors to both corporate and individual clients, we focus on delivering strategic resolutions to workplace issues, as well as, representation of our clients» interests before the courts.

Suzanne has extensive appellate experience and has handled well over 300 appeals involving diverse legal issues, including numerous arguments before the Florida Supreme Court, the Eleventh Circuit Court of Appeals and all the district courts of appeal in the State of Florida.

Also, the exchange of Financial Statements long before a court date will allow the parties» respective lawyers to provide accurate legal advice on matters such as the range of child or spousal support that may be owed from one spouse to another; this can reduce or even eliminate the time that a court would have to spend determining the issue.

The Court relied heavily on guidelines given by the Family Division in Coventry City Council v C [2013] EWHC 2190 (Fam), where the Court stated that every social worker must be satisfied that the person giving consent has capacity to do so, and that even if the person does not lack capacity that the social worker must be satisfied that the consent is fully informed (meaning that the parent must understand the consequences of giving consent, the range of choices available, the consequences of refusal and of giving consent, and must be in possession of all the facts and issues material to the giving of consent), fair and proportionate, and where possible parents must obtain legal advice before consenting.

The court also reviewed, with references to the Rules of Professional Conduct, such issues as: at what point a solicitor - client relationship arises (hint: BEFORE the retainer is in place); what constitutes «legal advice» and the boundary «between general legal information and legal advice»; a lawyer's duty of confidentiality (including in respect of non-clients); and a lawyer's duty of care to non-clients.

To gain a working knowledge of the unique role the Supreme Court plays in our legal system — identifying and resolving important disputed recurring issues of federal law — and of the demands thus placed on lawyers who practice before it;

Since April 2011 all couples whose marriages break up have had to consider mediation first before turning to the legal system to settle disputes, although cases involving domestic violence or child protection issues still go straight to court.

This is to show that you've tried to resolve your issues before starting legal action in the court.

If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court.