Sentences with phrase «not appeal the judgment»

Arizona did not appeal the judgment and signed a consent decree that addressed matters other than spending.

Take - aways: A defendant that doesn't appeal a judgment can still benefit from a co-defendant's successful appeal where there is an interdependence of rights between the two defendants.

Not exact matches

She told POLITICO Media it's likely the judgment will be so small that Gawker would not even bother to appeal the verdict.

And as the magisterium claims to decide without appeal whether something is within its competence, its definitive judgment can not be set aside by claim that it has acted

Can we not say, then, that the judgment to which testimony makes an appeal is identical to the judgment by which self - consciousness, by being laid bare, sifts the predicates of the divine?

And as the magisterium claims to decide without appeal whether something is within its competence, its definitive judgment can not be set aside by claim that it has acted ultra vires:

The British Court of Appeal determined that her refusal amounted to discrimination and found that she offended gay colleagues in the office with her refusal; in addition to that, in the court's judgment, Ladele's views on marriage are not «a core part of her religion.»

It is also about how the Roman Catholic Church employs this appeal today, not only in its conception of its own authority, but more importantly, in its judgment of the authority of those Christian traditions, say Lutheranism or Presbyterianism, well beyond its walls.

«The ACCC has considered this judgment carefully and decided not to appeal,» ACCC Chairman Rod Sims said.

Can't the CAN leaders approach an appropriate authority and appeals the judgment?

In dismissing the applicant's contention that the ongoing investigation by the EFCC should have been concluded, Justice Tsoho cited a judgment of the Court of Appeal in holding that the law did not limit the time within which the agency must conclude criminal investigations.

It is trite that an appeal does not operate as a stay of execution and a judgment creditor can not be stopped from enjoying the benefit of his victory at the court,» Ogundipe added.

Justice Amina Augie, in the lead judgment of a five - man panel in the appeal by Lau, found that Danladi was not qualified to have been made a candidate of the PDP in the last senatorial election.

But when a party disagrees with a judgment, due process demands appeal, not resort to self - help.

When the judgment of the Court of Appeal came, we went there with the report and after he got it, he (IGP) still didn't open it (the secretariat).

And the Court of Appeal agreed that the court judgments were not vacated and Justice (Mohammed) Liman's judgment that came after the convention was in clear violation.

Delivering unanimous judgment on the appeal, Justice Nasiru, said he decided to take great caution not to go out of bound since the tribunal was yet to deliver judgment on the main petition.

Mr Mahama Haruna said they will file a stay of execution and will definitely appeal the case because the judgment did not take the accounts of the defense properly.

Even though the Appeal Court is well aware of the status of S. 140 (2) of the Electoral Act 2010, it, nevertheless, acted to the contrary, given its own observation in its judgment that: «Whether Section 140 (2) of the Electoral Act is extant or not, no advantage can be conferred on the Appellants by declaring the 1st Appellant as a winner on the grounds of his obtaining the second highest votes as elected.»

«Having regard to the settled position of the law as expoused by our courts in not less than five cases wherein the suspension of legislators by legislative houses was annulled and set aside, the Senate should withdraw the appeal filed against the judgment of the Federal High Court in the case of Senator Omo - Agege.

In his substantive appeal to the Supreme Court against the appeal court judgment, Saraki maintained that the panel of the CCT was not well constituted because it comprised two members instead of three provided for by law.

A federal High court can not supersede the judgment of an appeal and supreme courts.

In addition, until the Court of Appeal judgment is set aside by the Supreme Court, Dayo Adeyeye is an impostor and can not speak for the PDP.

When reminded that Kashamu had appealed to the Supreme Court against the judgment of the Court of Appeal, the source said, «It will not stop the extradition proceedings once everything needed to set it in motion is ready».

«With the judgment of the Court of Appeal now, we would have just revived the former proceedings but since the case was not just struck out but dismissed by the Federal High Court, it means the process must start afresh.»

«At that time funds were needed to secure the right to appeal the court's decision, not to pay a final judgment,» Curran said.

Oyegun had while reacting to the ruling of the Court of Appeal judgment on Rivers State governorship petition boasted that, «I am more confident of winning Akwa - Ibom than any other state in the South - South... we are going to win; that is almost a certainty,» this comment, the PDP said is «not only careless but also smacks of impunity and arrogance that have characterized the current government.»

Friday's Appeal Court judgment won't make that much difference, although we can guess that the motive of the rule preventing people voting unless they have been members for six months was to reduce Corbyn's support.

«Up till today, that Appeal Court judgment of October 10, 2010, that made Fayemi governor is not being cited as authority in any election matter and with Obasanjo's reference to Salamigate as terminology for judicial manipulation, it should be clear to Fayemi himself that he became governor by judicial fraud.

The court said it could not sit on an appeal over its judgment because it had become functus officio.

The judgments can be appealed on the grounds of a «faulty procedure» but not on grounds that the content of the ruling was faulty.

It has raised worries that the appeals process would only allow the procedures behind the evaluations to be contested, not the judgments themselves.

Like the California based company had managed to block the sale of NT - K tablets in response to which the Spanish manufacturer had filed an appeal and has also won the judgment in its favor.

The parties have been unable to agree upon any of the matters of substance, in particular on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevant to the election of an inquiry as to damages or an account of profits), upon whether and if so in what form there should be an order for publicity of the judgment as an enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason of the fact that for a period an exclusive licence was not registered, upon the extent of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»

The judgment takes effect from the day when it is given or made, or such later date as the court may specify (FPR 2010, r 29.15); and an appeal is against that judgment, not the order.

But that wasn't the most costly news of the week, as Monday the prison system was losing a $ 20 million dollar age discrimination case as reported in the Contra Costa Times, California prison to appeal doctor's $ 20 million judgment.»

(Legal journalists, in fairness, sometimes fare no better: an Australian reporter recently achieved the rare feat of creating a quintuple negative to explain a court judgment: «The grounds of appeal announced on Monday state Justice Sifris erred in not finding Mr Goldberg was wrong in failing to set aside the summonses.»

However, the General Court accepted Gifi's argument that the Board failed to examine all the evidence it had produced, and the Board's judgment did not mention several of the designs cited: «In the present case, it is clear that, in the light of the Board of Appeal's assertion that it was required to re-examine the application for a declaration of invalidity in its entirety, followed by a one - by - one examination of the contested design in relation only to Designs D 1 to D 17, it is impossible to infer from the wording of the contested decision, or the context in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.»

Hartford did not appeal; the judgment became final and the loss was paid.

AND the appeals court making the claim that the defendant must show by a preponderance of the evidence that he / she was damaged then «changing» that level of proof to what appears to be a higher standard by saying, «On review, we will not reverse the judgment unless the evidence as a whole unerringly and unmistakably leads to a conclusion opposite that reached by the post-conviction court.»

The judgment of the Federal Court of Appeal to the effect that the Canadian Human Rights Act «is not sufficiently comprehensive to include the effect of indirect discrimination» i.e. «discrimination in which there is neither discriminatory intention or motivation or differential treatment», is a matter of grave concern to COPOH.

The judgment of the Federal Court of Appeal to the effect that the Canadian Human Rights Act «is not sufficiently comprehensive to include the effect of indirect discrimination» i.e. «discrimination in which there is neither discriminatory intention or motivation or differential treatment», is a matter of grave concern to the Association.

[4] In the reasons for judgment of the Court of Appeal, Justice Hourigan agreed with the motions judge that the «occurrence» causing property damage in this case was the scratching of the windows caused by the contractor's employees and not the presence of airborne cement debris.

The Manitoba Court of Appeal has held that a defendants» motion for summary judgment should be dismissed, rejecting their argument that claims for pure economic loss for patent defects that are not imminently dangerous should not proceed to trial.

Considering what a mess the Monday testimony and lawyer argument on the effect of the new claim construction was (because, frankly, both parties had previously hedged their bets as they didn't know what the appeals court would do), the jury is probably now very confused about it (and Judge Koh did the right thing by denying both parties» motions for judgment as a matter of law since there are reasonable arguments for and against infringement, for and against validity).

The Court of Appeal ruled this week that the proposed residence test for civil legal aid is not unlawful, overturning the a judgment by the High Court last year that the secondary legislation implementing the test was ultra vires and unjustifiably discriminatory.

In the Court of Appeal, not only was the Commercial Court's judgment upheld but the Court also struck down RBS's judgment for fraud.

Also, one of Samsung's patents is not listed because it was thrown out by Judge Koh on summary judgment and can't be reasserted against Apple unless the facts change in Samsung's favor (hard to imagine) or the appeals court decides in Samsung's favor.

Justice Karakatsanis, writing for the unanimous Court, wrote that the Court of Appeal did not provide enough emphasis to the principles behind Rule 1.04 when determining summary judgments, and instead relied too heavily on the full appreciation test.

The very question posed for Judge Sumner sitting in Wandsworth County Court in Miss Sam (Sales) Ltd v River Island Clothing Co Ltd where he gave judgment on 17 February 1994 which is not being appealed.