Sentences with phrase «matter as the trial judge»

[42] The Supreme Court directed in Hryniak that: «Where a motion judge dismisses a motion for summary judgment, in the absence of compelling reasons to the contrary, she should also seize herself of the matter as the trial judge.»

Not exact matches

Yes, discernment (or as you say, «judge») is the first step in a matter such as a homicide trial.

If no resolution can be reached the judge will direct the matter proceed to trial and may issue such pre-trial orders, as may be necessary.

4.Re - define hearings so as to allocate more time for judges to review material and less time for oral hearings in interlocutory matters, and hybrid rather than conventional trials;

Law students, no matter what they end up doing later, should spend as much time as possible learning how trial courts work and how trial judges think.

[39] I acknowledge that Ms. Prakash's action is set for hearing in February and an order that the matters be heard together will necessitate an adjournment of that trial; however, I am satisfied of a high degree of interconnectedness between the parties and that it is in the interests of justice that the matters be heard together, or as directed following the case planning process or by judicial management, if a judge is appointed to hear the matter.

Usually, a winning SLAPP defendant has to apportion fees attributable to SLAPP activities, but this decision allows the trial judge to award extra-SLAPP fees as long as the other activities were «on the contract» under Civil Code section 1717 for purposes of fee recovery in the entire litigation matter.

[Trial judge properly certified as a class, pursuant to G.L. c. 93A, a group of smokers who had purchased Marlboro Lights where the facts to be presented at trial were common to all class members, and where no individual matters of damages would be considered in the cTrial judge properly certified as a class, pursuant to G.L. c. 93A, a group of smokers who had purchased Marlboro Lights where the facts to be presented at trial were common to all class members, and where no individual matters of damages would be considered in the ctrial were common to all class members, and where no individual matters of damages would be considered in the case.]

A number of trial court judges have concluded (some reluctantly) that Brooks holds that consent is voluntary as a matter of law any time the implied consent procedures are followed.

In light of this brief summary, and paraphrasing Justice Fish's point from Krieger, one could perhaps say that jurors have the responsibility as a matter of right to assess evidence and apply the law as set out by the trial judge, but also enjoy the power to refuse to apply the law «when their consciences permit of no other course».

C.A., Feb. 22, 2012)(34720) Jan. 24, 2013 Whether to self - instruct by a trial judge is discretionary, and there is no requirement to do so as a matter of law.

Notably Mr Justice Peter Smith has been confirmed as the trial judge and he is clearly keen to press the matter ahead as soon as possible.»

It would then be a matter for the judge at any subsequent criminal trial as to whether the content of that interview was admissible in that trial (on Children Act 1989, s 98 and Re EC, see Practice of Family Law: evidence and procedure, David Burrows, Family Law (2012) at 27.10 — 27.17).

And it doesn't matter whether the reviewing court rather than the trial court makes this finding.The crux of the decision lies in the fact that «the State failed to prove its case as a matter of law, not merely because [the judge], as a 13th juror, would have decided it differently from the other 12 jurors.»

A settlement conference is an opportunity to hear from the judge as to what s / he would likely order if the matter was heard by them at a trial.

Because the Arizona Supreme Court could not say as a matter of law that the alleged negligence that was a cause of Shaw's death was unrelated to her incapacity, the state Supreme Court reversed the judgment of the trial judge and sent the case back for further proceedings.

In his decision to grant summary judgment in favour of the Claimants, in the above named conjoined matters, Mr Justice Eder leaves no room for doubt that judges in England take pre trial conduct very seriously indeed and will regard a «snub» by foreign parties, even public authorities, as a direct offence to the authority of the English court.

Broadcast Host for «You and the Law» — KUCI 88.9 FM 10 years experience as a Field Claims Adjuster Insurance Field Claims Adjuster and Supervisor for Three States Personal Injury Attorney — 24 years Member of Orange County Bar Association — 24 years Admitted to practice in 9th Circuit Federal Courts Admitted to practice in all California Courts, and United States & California Supreme Courts Orange County College of Trial Advocacy Graduate Judge Pro Tem — California Municipal Courts Personally handled over 3,000 matters to successful conclusion Charter Member: Legal Aid Society Member: Amicus Publico

Appointed by the Maricopa County Superior Court to act as a Judge Pro Tempore, Dax conducts Court - appointed settlement conferences as a Settlement Judge and also serves as a «fill - in» Judge on civil matters and short trials.

And that is so notwithstanding rules of law relating to appeals (e.g., Housen v. Nikolaisen) that trial judges are entitled to deference as to facts, mixed fact and law, discretionary matters and so on.

Deference is not justified by arguing that trial judges are always right about such matters, but rather that having a final outcome is preferable to having a reversal that encourages more appeals in the name of achieving «perfect justice» (which dovetails, of course, with «justice as proportionality» arguments that getting what is arguably the «right answer» is often not worth the public or private cost).

Although this was a well - intentioned effort to expedite matters and to reduce costs to the justice system, the trial judge, as the ultimate guardian of trial fairness, ought to have considered whether such a process could produce a just result in the circumstances.

The trial judge ruled: I will now focus on the main argument in this matter, which is the violation as a result of the statutorily compelled statements.

Upon graduation, Spesia was selected to serve as a Law Clerk to a Federal District Judge in Chicago, where he had hands - on training in Federal Court procedures and trial matters.

As the trial date approaches, both the claimant and the insurance company usually take a closer look at the elements of the claim and available evidence to support it, and may try to settle the matter by informal discussion, mediation or pretrial conferences with the judge.

Although the additional time that the federal judges took to make decisions is not dispositive of the result, it adds to the possibility that state judges viewing the heavy burden on summary judgment were and are less willing to grant these motions as a threshold matter and instead prefer to let cases proceed to trial or settlement.112 By contrast, the federal judges who take more time in coming to decisions may put more weight on the summary judgment motions if they are, on the balance, more willing to grant them.

In the alternative, the trial judge found that as a matter of law, K.D. could not consent to sexual activity that took place while she was unconscious.

As both a trial lawyer and as a judge, he presided over the trials of catastrophic personal injury cases, business and commercial disputes, medical and legal malpractice matters, employment wage and hour, harassment, ADA, and civil rightAs both a trial lawyer and as a judge, he presided over the trials of catastrophic personal injury cases, business and commercial disputes, medical and legal malpractice matters, employment wage and hour, harassment, ADA, and civil rightas a judge, he presided over the trials of catastrophic personal injury cases, business and commercial disputes, medical and legal malpractice matters, employment wage and hour, harassment, ADA, and civil rights.

There was certainly nothing unreasonable about trial counsel's alleged failure to call corroborating evidence on these issues when the proposed evidence did not relate to material issues but only to facts the trial judge accepted... In the result, we did not find any error in the reasoning of the trial judge and also find that trial counsel did not act unreasonably by deciding not to call corroborating evidence on the issues of his relationship with Ms. Peters and physical condition as the evidence on these matters had already been accepted by the trial judge (at paras. 11 - 12).

Although a different judge decided a fee request than the judge presiding over germane matters, the Murrells failed to cite authority as to why de novo review was warranted under the circumstances The trial court even apportioned out noncompensable work from compensable work, with the Murrells failing to pinpoint what aspects of the apportionment were wrong.

After clerking for a trial court judge, Ms. Alteneder worked at Alaska Legal Services Corporation, initially handling domestic violence matters and later as the aging - grant coordinator.

But, as Justice Laskin noted, at para. 38, the trial judge stated, ``... as a matter of law, I can not exclude under s. 24 (2) the marijuana seized during the search of the car because of right to counsel breaches that occurred subsequently, no matter how serious they may have been.»

His duties as a judge included handling criminal jury and bench trials, family court trials, probation violation, suppression and firearms safety hearings, arraignments, pretrial settlement conferences in both family and criminal cases, mediations in family cases and all of the usual and customary matters heard by a trial court judge.

He returned to the firm in 2018 after spending five years as a trial court judge handling primarily family and criminal matters, including serving as the presiding judge for family matters in the judicial district of Stamford / Norwalk at Stamford, where some of the nation's most sophisticated financial family law cases are heard.

Norman Thomas» experience as a prosecutor and judge in Virginia provided him with a wealth of experience in criminal matters involving constitutional law, trial evidence, procedural rules and more.

Justice Marc Bode, the senior judge for the northwest region, couldn't be reached for comment by press time, but in a letter to Morgan last week, he said the court bases its decision on factors such as the number of charges and the percentage of matters requiring a trial in any one district.

If they do, they can present their written agreement to the judge when they appear for trial and their divorce will close as an uncontested matter.

When a trial is inevitable, we discuss ways to present your matter fully to the judge while keeping it as short and efficient as possible.