Second, the EU commissioner Is free to express opinions, but the fact is that there is
no legal opinion of a COURT to support it.
Not exact matches
The suits are part
of a group
of at least four other cases with similar arguments in various
courts around the country, and they make
legal experts wary, particularly as the differences in
opinion seem to indicate their destiny to go before the Supreme
Court.
«The battleground has shifted to the
legal courts and the
court of public
opinion,» he said, referring to lawsuits filed by tribes and an effort planned by the Lakota People's Law Project to rally lawmakers and others in Washington, D.C., to their cause.
The
legal basis for deriving implied powers from the penumbra
of other express powers is best seen in Justice Douglas classic
opinion in Griswold v. Connecticut.5 In the Griswold case, the United States Supreme
Court struck down a Connecticut law prohibiting the use
of contraception.
Ironically, the 2016 — 2017 Supreme
Court roundup also appearing in the October issue
of First Things («A Less Corrupt Term») quotes Justice Samuel Alito saying
of the
Court's majority
opinion on same - sex marriage that it «evidences... the deep and perhaps irremediable corruption
of our
legal culture's conception
of constitutional interpretation.»
Read together, Scalia's
opinions are a bracing antidote to the
legal opportunism that has infected many
of the
Court's recent decisions.
However, the last - minute introduction
of an ineligible substitute led to their summary expulsion from the tournament, and though they are mounting a
legal challenge, the
court of Polish public
opinion has spoken.
the fact that the outcome positions
of the entire
court can almost always be foretold just by looking at the subject matter
of a case says that it is a
court of private
opinion - not
of proper, dispassionate
legal interpretation.
This perception about lawyer Ampaw has been there since the last time he sat on TV3 electoral petition Saga and shared his
legal Opinion on the
court seating — where the NPP took the EC to
court to challenge the authenticity
of the Vote declared.
Legal analysts predict that Oceana would lose, leaving the issue in the
court of public
opinion.
The European
Court of Justice (ECJ) today issued a
legal opinion that the controversial logging, which had been defended by Poland's government, is illegal.
Last month, the advocate - general
of the European
Court of Justice gave his
opinion on a long - running
legal debate about a patent filed several years ago in Germany.
Legal experts who wish to circumvent the recent Supreme
Court decision by shifting from race to family income clearly have yet to make much headway in the court of public opi
Court decision by shifting from race to family income clearly have yet to make much headway in the
court of public opi
court of public
opinion.
The union will undoubtedly lose its
legal case, and even worse, get clobbered in the
court of pubic
opinion.
The General Attorney occupation covers professional
legal positions involved in preparing cases for trial and / or the trial
of cases before a
court or an administrative body or persons having quasi-judicial power; rendering
legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview
of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions
of governing statutes or other requirements
of law; drafting, negotiating, or examining contracts or other
legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress,
opinions or discussions
of a
court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.
Publishers and online retailers are conducting high - profile battles in the
legal system as well as the
court of public
opinion.
U.S. District
Court Judge, J. Wexler, entered the following
legal opinion in the federal supplement, «since allowing third parties to assist consumers will likely lead to the expedited correction
of credit reports, it will further the purposes
of the [fair credit reporting] acts.»
As to the outcome
of the appeal, I have read both the State's appeal and GYRO's response and my
opinion, having absolutely no
legal background, is that I don't see that the State has much
of a case; they seem to have thrown themselves on the mercy
of the
court and asked the judge to be «fair» to the people
of New York who will have to pay the large settlement cost.
As their campaign against ExxonMobil stalls both in
legal courts and the
court of public
opinion, green activists are attempting to restart the effort by promoting a study by two prominent professors.
The
court of public
opinion is already judging ExxonMobil harshly; one would think that a company this big and this old would not have to be reminded that it is against its own long - term interests to «win the
legal argument at the expense
of its reputation and the public's trust.»
If the new finding leads to a bona fide
legal opinion in a
court of law, it could have significant implications in broader climate - change talks because many REDD opponents fear such schemes could promote a land - grab that decimates tribes like the Suruí and others.
But a ruling by a body such as the International
Court of Justice (ICJ) would carry much more weight with public
opinion and help pave the way for future
legal cases on climate change, he said.
The purpose
of the association was to discourage litigation, improve the
legal system, keep lawyers honest and seek justice for all, according to the Tax
Court opinion.
This is the story
of how an airbag led to attorney Eric Forstrom's law license being suspended in two states, according to a Supreme
Court of Wisconsin
opinion (via the
Legal Profession Blog) that lays out Forstrom's account
of what happened:
As Judge Posner wrote in an
opinion this week, the word «choate» is a «barbarism» that, while «fairly well ensconced in the
legal vocabulary,» shall not be used in his
court as it is «not only a sign
of ignorance but also a source
of confusion.»
As AG Cruz Villalón put it in a high - profile
opinion, «the intensification -LSB-...] of the EU legal order is prompting the courts of the Member States with a specifically constitutional role to behave increasingly as courts or tribunals within the meaning of Article 267 TFEU» (see Opinion of AG Cruz Villalón of 14 January 2015, Gauweiler, C - 62 / 1
opinion, «the intensification -LSB-...]
of the EU
legal order is prompting the
courts of the Member States with a specifically constitutional role to behave increasingly as
courts or tribunals within the meaning
of Article 267 TFEU» (see
Opinion of AG Cruz Villalón of 14 January 2015, Gauweiler, C - 62 / 1
Opinion of AG Cruz Villalón
of 14 January 2015, Gauweiler, C - 62 / 14, par.
Although I could speak today about the underfunding
of B.C.'s
courts,
legal aid, and a recently released Angus Reid public
opinion poll suggesting that British Columbians are dissatisfied with the justice system, this is, after all, supposed to be a light, entertaining, and fluffy column about
legal practice on the west coast, and there are some topics that don't lend themselves to my swordplay.
This parenthetical pluralisation is indicative
of the holistic manner in which the District
Court either collates or conflates — depending upon whether one takes a charitable or uncharitable
opinion of their judicial methodology — the different claims and the
legal sources upon which they are predicated.
AG Bobek commenced his
opinion with a discussion
of the question whether
legal persons have personality rights (which he suggested they do), a question that the
Court completely ignored.
Non-privileged applicants who seek to challenge a legislative act might still find themselves without effective
legal redress if they lack standing before national
courts (see however, paras. 105 - 124
of the Advocate General's
Opinion on this matter).
I stand in front
of a judge and give a professional
opinion and write
legal reports to
court, and do exactly the same work as an attorney - GAL does.
The
Court of Justice
of the European Union shall review the legality
of legislative acts,
of acts
of the Council,
of the Commission and
of the European Central Bank, other than recommendations and
opinions, and
of acts
of the European Parliament and
of the European Council intended to produce
legal effects vis - à - vis third parties.
If it is from the
court, then why does it provide links to Supreme Court opinions posted at the Legal Information Institute instead of the opinions posted on the court's own official
court, then why does it provide links to Supreme
Court opinions posted at the Legal Information Institute instead of the opinions posted on the court's own official
Court opinions posted at the
Legal Information Institute instead
of the
opinions posted on the
court's own official
court's own official site?
The Wisconsin Supreme
Court suspended lawyer Steven M. Cohen
of Madison in a Nov. 17
opinion, report the
Legal Profession Blog and the Milwaukee Journal Sentinel.
However, the
Court of Justice found at paragraph 24 of Opinion 1/91 that the «interpretation mechanism» whereby the EEA court would have to interpret the rules of the agreement in conformity with the case - law of the Court of Justice would not be sufficient to ensure the legal homogeneity between the EEA states and the EU Member St
Court of Justice found at paragraph 24
of Opinion 1/91 that the «interpretation mechanism» whereby the EEA
court would have to interpret the rules of the agreement in conformity with the case - law of the Court of Justice would not be sufficient to ensure the legal homogeneity between the EEA states and the EU Member St
court would have to interpret the rules
of the agreement in conformity with the case - law
of the
Court of Justice would not be sufficient to ensure the legal homogeneity between the EEA states and the EU Member St
Court of Justice would not be sufficient to ensure the
legal homogeneity between the EEA states and the EU Member States.
If such a proposal does indeed find its way into the withdrawal agreement, it then faces the potential
legal challenge
of a ruling by the
Court of Justice if such an
opinion is requested in accordance with Article 218 (11) TFEU.
According to the
court's
opinion enforcing a two - year suspension [pdf], Ms. Guste provided
legal services to prepare a power
of attorney and represent her client in the matter
of a hit - and - run accident.
See Brugger, supra n. 141, at 647 (stating that while Tucker's moot
court was «no innovation in
legal training,» Tucker enjoyed using it); Butler, supra n. 143, at 29 (stating that «with the higher view
of preparing students for speaking and writing on
legal subjects, it will be useful to exercise their minds by forensic debates in moot
courts, and by requiring from them written
opinions on questions
of law, and readings and dissertations on statutes and other themes, as circumstances permit»); Laub, supra n. 144, at 14 (quoting Reed's letter to the Dickinson College Trustees on a course
of study); Barrow, supra n. 148, at 289.
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
a) Would there be a similar provision as under Scottish
Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute&ra
Legal Aid legislation (Section 18 (2)
of the
LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute&ra
LEGAL AID (SCOTLAND) ACT 1986) «The liability
of a legally assisted person under an award
of expenses in any proceedings shall not exceed the amount (if any) which in the
opinion of the
court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means
of all parties and their conduct in connection with the dispute».
Prior to joining Haynsworth Sinkler Boyd, he served as a Judicial Clerk to the Hon. Joseph F. Anderson, Jr., Federal District
Court for the District
of South Carolina where he prepared briefs and memoranda in preparation for judicial determination, provided research assistance, and drafted
opinions and orders on a wide array
of legal issues.
In terms
of the reasonableness
of LSUC's decision, the
court considered speeches by various benchers
of LSUC (i.e., board members), as well as
legal opinions designed to guide the benchers and 210 submissions from members
of the profession and the public.
Every day, it becomes easier to locate
legal information.32 Gone are the days
of complicated search strings or telephone calls to the
court for copies
of the latest unpublished
opinions.
Supreme
Court Dec. 29, 2016)-- 4 - 3 decision, majority
opinion by Justice Cuellar and dissent by Justice Werdegar; discussed in our Dec. 29, 2016 post: Attorney - client privilege does not categorically shield from California Public Records Act disclosure billing invoices sent by clients in concluded, non-active cases because
legal consultation was not the purpose
of the invoices; however, the privilege did protect billing invoice entries in active, pending cases.
But still, and perhaps even more importantly as a practical matter, the
opinion for the
Court suggests it is quite possible to make the argument that a particular «Guidelines sentence itself fails properly to reflect § 3553 (a) considerations» and that «the sentencing court does not enjoy the benefit of a legal presumption that the Guidelines sentence should apply.&r
Court suggests it is quite possible to make the argument that a particular «Guidelines sentence itself fails properly to reflect § 3553 (a) considerations» and that «the sentencing
court does not enjoy the benefit of a legal presumption that the Guidelines sentence should apply.&r
court does not enjoy the benefit
of a
legal presumption that the Guidelines sentence should apply.»
Prior to joining the Firm, Janelle served as a judicial law clerk for Honorable Judge William Hughes, Hamilton County Superior
Court in Indiana where she performed
legal research in the preparation
of memoranda,
opinions, or orders for Judge Hughes concerning various cases before him.
For example, a casual perusal
of the online
legal research service Westlaw reveals that «mumbo jumbo» appears at least 251 times in judicial
opinions.8 «Jibber - jabber» shows up just seven times (although surprisingly used by parties, rather than in statements from the
court), while the more prosaic «gobbledygook» has 126 hits in the
legal database.9 Believed to have been coined in 1944 by U.S. Rep. Maury Maverick
of Texas, «gobbledygook» has been used by everyone from political figures referring to bureaucratic doublespeak (for example, President Ronald Reagan's stinging 1985 indictment
of tax law revisions as «cluttered with gobbledygook and loopholes designed for those with the power and influence to have high - priced
legal and tax advisers») to judges decrying the indecipherable arguments and pleadings
of the lawyers practicing before them.
In addition to the contributions to the Attic style by Supreme
Court Justice Robert H. Jackson during his 1941 - 1954 Supreme
Court tenure, the
opinions of Justice Oliver Wendell Holmes, Jr. between 1902 and 1932 show how lawyers can effectively use the Attic style in their
legal writing.
Instead
of abiding by the OQLF orders, these companies took the province
of Quebec to
court seeking a definitive
legal opinion on whether the trademark exception allows them to display their trademarks on their premises unaccompanied by a French descriptor.
A recent decision
of the
Court of Justice
of the European Union found that the Dutch immigration authorities were not required to give a person access to a
legal opinion about the person's immigration status, though the
opinion contained personal information about the person.