Sentences with phrase «most appellate court»

Since most appellate court cases are decided on the facts, the ability to tell a compelling story, and how that story fits within the legal framework, becomes paramount.

Although most appellate courts believe in the curative powers of a judge's instructions, I always say it's better to be safe than sorry.

Not exact matches

An Illinois appellate court has upheld a ruling that most of the 230 - acre lake bed of Crystal Lake belongs to the Crystal Lake Park District.

CRYSTAL LAKE — An Illinois appellate court has upheld a ruling that most of the 230 - acre lake bed of Crystal Lake belongs to the Crystal Lake Park District.

Just last May, an Illinois appellate court upheld a ruling that most of the 230 - acre lake bed of Crystal Lake belongs to the Park District.

ALBANY — Former Assembly Speaker Sheldon Silver, once among the state's most powerful elected officials, had his federal conviction on corruption charges vacated by an appellate court on Thursday.

ALBANY — Former Assembly Speaker Sheldon Silver, once among the state's most powerful elected officials, has had his conviction on corruption charges overturned by an appellate court.

Thus, after 21 years, most of which were spent before a compliant district and appellate court, the primary consequence of the litigation has been the adoption of an educational model that the plaintiffs oppose and under which at least an entire generation of students will be taught.

The federal appellate ruling last month lets stand a massive court - ordered property - tax hike imposed last fall on the city's residents to help fund the school district's desegregation efforts, which are among the most comprehensive and expensive ever undertaken.

In fact, considering the volume of the opinion dedicated to it, the company stock accounting may well have been the most compelling triable issue of fact for the appellate court.

Considered one of the most skilled appellate lawyers in the country, Levy chaired the firm's Supreme Court and appellate advocacy practice and had argued 16 times before the Supreme Court.

Politicians can't agree who should fill vacancies on the nation's most reliably conservative appellate court.

He was Chair of the firm's Supreme Court and appellate advocacy practice, and was considered one of the most skilled appellate lawyers in the Unites States.

One client notes: «Their brief in the appellate court was probably the single most powerful piece of written advocacy I have seen in my career.»

With the Senate under Democratic control once again, President Bush has decided not to renominate four of his most controversial nominees to federal appellate court seats.»

Indiana appellate courts receive thousands of appeals each year, and they employ a strict set of procedural rules to ensure that only the most diligent parties with meritorious claims of error are heard.

One of the most commonly encountered rules of appellate procedure is the requirement that a claim of error must be raised at trial in order for an appellate court to consider the alleged error on appeal.

466, 632 S.E. 2d 615 (2004), the appellate court will view the evidence in the light most favorable to the wife.

Most states, including Indiana, have three levels of courts: trial, intermediate appellate, and supreme.

In its May 10th decision, Quebec's appellate court answered «no» to the question of whether «the Constitution of Canada authorize the implementation of pan-Canadian securities regulation under the authority of a single regulator, according to the model established by the most recent publication of the «Memorandum of Agreement regarding the Cooperative Capital Markets Regulatory System.»»

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.

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

Most state courts, federal courts, specialized local courts, trial courts, and appellate courts have options.

Most recently, a New York appellate court ruled this week that a college baseball pitcher who was struck in the face by a batted ball during batting practice could not sue his school because he assumed the risk of injury.

Generally speaking, the most difficult aspect of appellate practice isn't the research, which all of us learn to do in law school, or even the oral argument, which frequently resembles law school moot court.

State Attorney General Luther Strange is pursuing the case through appellate courts where, most recently, the Alabama Circuit Court of Appeals overturned Judge Todd's decision.

In 2013, Justice Stephen Goudge was recognized as one of Canada's most respected appellate judges and an inspiration outside of the Ontario Court of Appeal for his activities aimed to promote access to justice.

Most notably, appellate - level courts addressed issues such as the power of regulators to prohibit professionals from participating in customer incentive programs (Sobeys West), or to refuse to accredit educational programs that discriminated, on religious grounds, against persons of different sexual orientations (TWU).

The most recent article includes cases where lawyers were sanctioned for appealing a case based on a knowingly false claim, the dismissal of an appeal for failing to file a brief (after two extensions of time), and a decision in which the appellate court found the controlling contract provision itself, after both sides had been arguing the wrong provision since the trial began.

Conventional wisdom in most jurisdictions holds that unless the intermediate appellate court's decision was published with a dissent, it's not worth seeking Supreme Court recourt's decision was published with a dissent, it's not worth seeking Supreme Court reCourt review.

So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their stuCourt, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their stucourt briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their stucourt, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their stuCourt briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56

The group has crafted winning strategies for some of the most meaningful business cases to come before the Supreme Court and other appellate courts in the past two decades.

Please consult our FAQs page for examples of some of the most notable cases Mr. Palmer has tried in the appellate courts in the State of Kansas.

On Monday of this week, the U.S. Court of Appeals for the Third Circuit became the federal appellate court with the most current vacancies among its active judgeship ranks — Court of Appeals for the Third Circuit became the federal appellate court with the most current vacancies among its active judgeship ranks — court with the most current vacancies among its active judgeship ranks — four.

Most importantly, in a footnote, the appellate court found that all of the cited cases predate the enactment of Business and Professions Code section 6149, with California law «trumping» federal law on the subject.

And, perhaps in preparation, most appellate and district courts did not issue opinions that changed the contours of the class - action debate much.

For appellate practitioners and litigators contemplating an appeal, you by now should know that most factual findings — even those than can be implied — usually will uphold a judgment or trial court determination.

Most notably, appellate - level courts addressed...

This article outlines the convoluted history of Florida case law surrounding public duty doctrine, noting that «Lower appellate courts are struggling to apply the incomprehensible law in this area», and notes that in most cases reaching them, the Supreme Court has not found a lack of government liability.

Though efforts to facilitate speedy redressal of disputes are underway — the most recent being establishment of special commercial courts to settle high - stake commercial disputes as well as constitution of the National Company Law Tribunal and its appellate body — I encourage parties to have in place a strong mechanism for international commercial arbitration, at the outset.

Most lawyers know that appellate courts usually review lower courts» legal decisions de novo, while overturning factfinding and trial management decisions only if the lower court was guilty of «abuse of discretion.»

Lawdragon: How does one join the ranks of Supreme Court appellate advocates, perhaps the most elite corps of lawyers there is?

SCOTUS as Pop Culture Spectator Sport «Through the end of the 20th century, U.S. Supreme Court decisions were seldom topics of conversation for most Americans,» says Dallas appellate attorney Chad Ruback.

The New York Post has Srinivasan and four other current federal appellate judges on their list, because we all know that pulling from the Circuit Courts of Appeal is the most likely choice here.

The «Kathy K» principle has been repeatedly applied by the Supreme Court of Canada and other Canadian appellate courts, most recently in Housen.

Canadian courts have consistently adopted a similarly deferential approach to the appellate review of factual findings, as illustrated most notably by the Supreme Court of Canada's judgment in Stein v.

While today you don't have to travel hundreds of miles by dogsled to hear cases as your predecessor judges based in Alaska once did, you probably now have the most grueling commute of any federal appellate judge to arrive at the locations where your court regularly hears oral arguments.

A much anticipated update to the court's Case Management Order proved to be a great disappointment for defendants, as the plaintiff - favoring judge who wrote it was predictably rewarded with an appellate court appointment by a governor who acknowledges that trial lawyers are «the single most powerful political force» in the state.

Like most law schools, the second semester of my first year legal research and writing course involved a class wide moot court competition where I had to make an appellate argument based on a current legal issue.

Samsung heir Lee Jae - yong, who was sentenced to five years in prison for bribery, embezzlement and other charges in August last year, has been freed after an appellate court gave him a suspended sentence, dismissing most of the charges against him.