Sentences with phrase «legal opinion of a court»

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 opiCourt decision by shifting from race to family income clearly have yet to make much headway in the court of public opicourt 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 / 1opinion, «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 / 1Opinion 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 StCourt 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 Stcourt 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 StCourt 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&raLegal 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&raLEGAL 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.&rCourt 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.&rcourt 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.