Sentences with phrase «not judicial rules»

The solution to the crisis was indeed political, involving police power and negotiation among contending political leaders but not judicial rule - making, adjudication, or the writ of amparo.75

Not exact matches

«A judicial ruling allowing an adult to be subjected to a medical treatment against his will would not be constitutionally justifiable, «the high court said.

The Anglo - American idea... means that the party who does not abide by certain specific decrees emanating from a judicial body is a contumacious person and may, as a rule, be held in contempt of court, fined and jailed... Now, this very concept of contempt simply does not belong to the world of ideas of a Latin lawyer.

Christians and Jews were further crippled in any defence of themselves before the law by a Muslim judicial ruling that their testimony could not be received in the court against the Muslims since the Koran says that the Christians had corrupted their scripture and are therefore unworthy.

Moreover, when the Senate changed its filibuster rules in 2013, so that judicial nominees were exempt, the change did not extend to Supreme Court nominees.

The Code of Conduct further provides in Rule 5 (B) that a judge may engage in «avocational activities», that is «activities to improve the law, the legal system, and the administration of justice if such avocational activities do not detract from the dignity of his office or interfere with the performance of his judicial duties».

«By allowing one party to the appeal to put the other at serious procedural disadvantage without sufficient judicial supervision, the rules are not securing that justice be done or that the tribunal system is fair.»

A frustrated client who spoke to Citi News said: «I have a judgement against SGSSB and they brought it to the Supreme Court and today being the ruling day, I have come here to have the case finally ruled for me and I am facing this frustration because the Judicial Services Staff are not around... I have been here for almost two and half hours ago.»

The ruling by the Appellate Division Second Judicial Department states that the County's bid specifications were not exclusionary and discriminatory as Brega Transport Corp argued.

Citing a similar case in which the Supreme Court ruled that the President was not bound by the advice of the Council of State, Yaw Oppong stated that, it was however vital that the President is seen to have sought the advice of the Judicial Council on the issue, as stated by the Constitution.

-LSB-...] Although the Supreme Court has not needed to directly address the subject of recall of Members of Congress, other Supreme Court decisions, as well as the weight of other judicial and administrative decisions, rulings, and opinions, indicate that

One immediate takeaway from the federal Court's congressional redistricting plan and ruling is that incumbency protection (i.e., seniority and residence) should not be a factor when crafting a judicial plan.

While accepting that the union had behaved properly in seeking a judicial review, Judge Mitting ruled that the court could not place a legal demand on the government to consult over its plans.

The tribunal, in its ruling, agreed with the argument of Justice Ngwuta that, as a serving Justice of the Supreme Court, he could not be tried in any court or tribunal, except after he had been subjected to the investigatory and disciplinary processes of the National Judicial Council (NJC).

There's far less clarity about what a president can and can not do than the well - established rules for people who work in the legislative and judicial branches.

The district court subsequently said in its decision that the case brought up a «political» question that the other branches of government, not the judicial branch, should consider, but an appeals court reversed that ruling.

The second reason he cites is that spending induced by the courts might have large effects while spending not related to judicial rulings have small effects.

Gorsuch warns that by usurping the judicial role, «liberties may now be impaired not by an independent decisionmaker seeking to declare the law's meaning as fairly as possible — the decisionmaker promised to them by law — but by an avowedly politicized administrative agent seeking to pursue whatever policy whim may rule the day.»

In deciding how to rule, New Jersey's court was guided by earlier decisions on behalf of the Abbott districts, stating, «Like anyone else, the State is not free to walk away from judicial orders enforcing constitutional obligations.»

The Department for Education (DfE) has said it disagrees with «some aspects» of the court's decision last month to rule against education secretary Nicky Morgan in a judicial review brought by six parents, but has not said which.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

Judicial Panels do not use technical rules of evidence.

The Student Judicial Committee may also consider complaints that are not delineated under Category A or Category B above, provided that the person against whom the complaint is made is notified in writing as to whether the proceeding will follow the rules of Category A or Category B, delineated below.

Whether new pipelines are needed or not, both Shattuck and UCS's Rogers expect the state's Supreme Judicial Court to rule against the DPU decision, barring utilities from using money from the rate base to invest in gas pipelines once again.

The Maine Supreme Judicial Court ruled recently that the 16 - turbine Bowers Mountain wind farm can not be built because of its unacceptably negative impact on Maine's scenic resources.

There can not be anything more fundamental to democracy and the rule of law than the sanctity of judicial process.

Arguing that the judge's Twitter activity isn't a proper subject for judicial notice, the government claimed that even if the feed in question is the judge's Twitter feed, his tweeting the headline to an article about a ruling he already made «would not show bias or even an appearance of partiality.»

As the federal government moves to limit judicial discretion in the sentencing of violent crimes, a recent decision from the British Columbia Court of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the court.

We should be looking at how to sell a story about access to justice, judicial independence, or the Rule of Law in a way that does not just reaffirm lawyers» self image, but actually alters awareness and behaviour on a grander scale.

Also, if you have a strictly procedural question that state court rules don't address, contact court staff or the judicial law clerk.

Moreover, it is apparent from the case - law -LSB-...] that the legislation indicated «that property not belonging to private persons shall be administered and alienated according to the specific rules applicable to them; that, in respect of property belonging to public entities, even those pursuing industrial and commercial activities, the principle of non-seizability of that property precludes recourse to private - law enforcement remedies; that only the creditor who has obtained an enforceable favourable judicial decision having acquired the force of res judicata and ordering a public entity to pay, even provisionally, an amount of money, may have enforced the specific rules [applicable].

But in a decision issued yesterday, Pierce v. Pierce, the Supreme Judicial Court ruled that a former spouse's voluntary retirement at or beyond the age of 65 does not create a rebuttable presumption that alimony should be terminated.

The SJC for the first time ruled that a judicial error of law does not bar recovery in a legal malpractice case where a defendant law firm was negligent for failing to prevent or mitigate the legal error.

Finally, employers operating in multiple jurisdictions will be best served by drafting their employment agreements to reflect not only differences in applicable employment standards, but also judicial rulings in the particular province.

He therefore concludes that the OMT programme can be reviewed in this preliminary ruling, also because «the alternative — namely declaring an act such as the OMT programme not actionable — would entail the risk of excluding a significant number of decisions of the ECB from all judicial review merely on the ground that they have not been formally adopted and published in the Official Journal» (at 89).

I don't think Slaw has mentioned the International Judicial Monitor, an «international law resource for judiciaries, justice sector professionals, and the rule of law community around the world.»

Rule 53 states that the «court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.»

Current ethics rules prohibit lawyers from trying to influence the judicial process so lawyers should not be blogging about ongoing cases for that reason.

«Legislators are free to disagree with judicial rulings, but punishing judges in a partisan manner for making valid rulings is not acceptable.»

Incorporation of foreign and international rules and principles will require skills of synthesis and distinguishing that are distinct from traditional domestic legal reasoning, and they may require appreciation of important differences in foreign / international legal, political, or perhaps even cultural context.63 International legal rules often play a complex role in domestic law, presenting issues of interpretation and enforceability that do not easily fit within traditional domestic United States legislative, administrative, and judicial legal structures.64 Integration or application of rules from foreign nations may be even more complex, especially where those systems are substantially different from our own.65 Additionally, there may be discrepancies between the form and function of foreign or international law that affect their proper application.

Although Markman assigned claim construction to the trial judge, it did not expressly state whether factual findings subsumed in that issue are subject to de novo review (as normally would be the case for legal rulings) or to review for «clear error» (as normally would apply to judicial fact findings).

That hearing was held in private and the anonymous judge's conduct was ruled «inappropriate,» but not labelled judicial misconduct.

Democratic deficit resulting from judicial rulings impacting on public policy isn't the case.

C.A., Sept. 27, 2010)(33959) April 5, 2013 There is not and should not be a rule of public policy precluding the applicability of issue estoppel to police disciplinary hearings based upon judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to apply issue estoppel if it will work an injustice, even where the preconditions have been met.

Greene has not cited — and the Court has not found — a single statute, regulation, rule, or judicial opinion holding that a litigant has a right of access (under the First Amendment, the common law, or anything else) to communications between a judge and his or her law clerk, including draft opinions and orders.

If brought to its logical conclusion, the Court's reasoning would not only outlaw the application of EU Law by any judicial body outside the European judicial hierarchy, but the application of any rules other than those of EU law in fields covered by EU Law.

«For this reason, I'm not convinced that the UNCITRAL rules are the solution; the DRC must first establish a state of law and judicial system which exists independent from the government.»

The reasons: (1) implied contractual indemnity — individual brokers were not parties to the listing agreement with sellers (only the bankrupt brokerage business was a party); and (2) equitable indemnity — although brokers were jointly and severally liable with sellers as far as buyers» damages, this theory could not be used to create a new attorney fee exposure basis under the American Rule, or else the appellate court would be creating a new exception through judicial fiat.

although brokers were jointly and severally liable with sellers as far as buyers» damages, this theory could not be used to create a new attorney fee exposure basis under the American Rule, or else the appellate court would be creating a new exception through judicial fiat.

By contrast, whether the Charter also applies to the national rules determining under what conditions police and judicial authorities can access the retained data is less obvious, because Directive 2002 / 58 / EC does not cover «activities of the State in areas of criminal law» (Art. 1 (3)-RRB-.