Sentences with phrase «of abuse of discretion»

In Phillips v. United Service Automobile Association, Justice Lopez of the Court of Appeals of New Mexico deferred to this rendering of the maxim De Fide et Officio Judicis non Recipitur Quaestio, sed de Scientia Sive sit Eror Juris sive Facti to defeat an application that the fact of an eight month delay by the trial judge to render judgment was in and of itself an abuse of discretion and grounds for appeal:

After a jury returned a verdict in favor of the doctor in a medical malpractice case, an estate executor appealed on two questions of abuse of discretion: limitations on the scope of questions during the defendant's deposition, and refusal of jury instructions tendered by the plaintiff.

Not exact matches

That sounds right, but even prior to the actual abuse, there's a conflict of interest implicit in the idea that the Mayor would exercise discretion in this way over which papers to communicate with.

Bill C - 25 would also eliminate the potential for abuse of board discretion following these elections and would restrict directors to one - year terms.

The culture of consumerism and the chase for material symbols of wealth and security have sometimes come to be dominant; the pursuit of spiritual fulfillment in many has slowly begun to degenerate into empty and sterile ritualism; the legitimate thirst for education has often become perverted into an obsessive drive to acquire with the greatest speed the formal diplomas necessary to gain entry to jobs offering the easiest opportunities to make the quickest rupees; political statesmanship in some areas has begun to depreciate into an opportunities race for power and position; the spirit of SEVA (Service) to the nation has intermittently begun to be suffocated in many, by the abuse of discretions, sometimes mediated by a bloated bureaucracy itself enmeshed in a vast network of multiplying paper and self - proliferating regulations; menacingly many good and decent people even in public life, have come to be corroded by a culture of demanding corruption; and some potentially creative lawyers, have begun to take perverted pride in mere «cleverness», rendering themselves vulnerable to the prejudice that they are a parasitic obstruction in the pursuit of substantive justice.

In Abuse of Discretion, the latest book lobbed at the unsteady edifice of Roe v. Wade, Clarke D. Forsythe turns to the Supreme Court justices» private notes and memos from 1971 to 1973 in order to «solve the puzzle» of the court's legalization of abortion on demand.

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Where the imposition of discipline is not fair or consistent, an abuse of discretion has occurred.

Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.

According to the court papers, the lawyer for the plaintiff alleges the names are «an an abuse of the respondent's discretion.»

We consider the entry of the Nolle Prosequi as a gross abuse of discretion simpliciter and we call on the President H.E. Nana Addo Dankwa Akufo - Addo to demonstrate leadership and not be led by the various lawless forces within his party.

In these circumstances, we are clear in our minds that the decision by the newly appointed AG to exercise her discretion to file a Nolle Prosequi in this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candid.

While Savo Brothers claimed the names chosen by the borough president were «an abuse of [his] discretion,» according to court documents, Minardo ruled Thursday that «it is within Oddo's discretion to decide if the street names of the residents of the Borough of Staten Island should reflect greed, a Lazy Bird or a fallen hero.»

Bank of Ghana after noticing the so called irregularities in the operations of these institutions and knowing very well that customers of these institutions were not from Cambodia but rather Ghanaians whom they own an outstanding responsibility of offering financial security and protect their intetest should have thought about rolling out measures which would refund the various investments but because we live Ghana, our those wielding power can abuse it and exercise foul discretions without penalization, they rather decided to muddy the whole case in a deliberate attempt to deny or make refund impossible, a true Ghanaian way of seeking the fall of others.

The lawsuit charges that the gambling license rules were changed after AEG was selected, and that the group's rejection was therefore «an abuse of discretion.»

Gipson notes the law would give judges the discretion to allow facility dogs for not only child abuse victims, but for any victim or witness of a violent crime or sexual assault, as well any children or adults impaired in any way, on the defense or prosecution side.

Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

suspect at any time that a participant has abused or attempted to abuse the rules of this Competition, it reserves the right, in its sole discretion, to exclude the individual from participating in the Competition or, in the case of the individual being selected as the winner, to exclude such participant from the Competition and consequently the participant shall not be entitled to receive the prize.

Should Spark Networks Services suspect at any time that a participant has abused or attempted to abuse the rules of this Competition, it reserves the right, in its sole discretion, to exclude the individual from participating in the Competition or, in the case of the individual being selected as the winner, to exclude such participant from the Competition and consequently the participant shall not be entitled to receive the prize.

Perpetrators of spam or abuse will be deleted from the site and prohibited from future registration at Investing.coms discretion.

The only sense to be made of it is that Taking Lives intends some sort of angry statement about a woman's choice of career over family (an early conversation chides Illeana for, essentially, being successful in a traditionally male profession), finding a fugitive breed of Ashley Judd - like glee in punishing its powerful feminine centre with physical abuse - into - mutilation, rape of a kind, and a brutal disdain for her intelligence and discretion.

«Essentially, the district is challenging aspects of NCLB that are within the purview of the Department's expertise and discretion,» concluded Judge James Gardner Collins, «and this court will not disturb the exercise of such discretion unless it has been abused.»

Happy Self Publishing, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: Account Termination: Upon the receipt of a credible complaint, the Happy Self Publishing Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse.

Furthermore, as part of the No Abuse Policy, the Licensor shall reserve the right to limit or restrict features that are made available to you at its sole discretion.

Other than that, they don't like too many recent inquiries, and they can shut down all your accounts if they determine (in their sole discretion, of course) that you're abusing the program.

The agency's refusal to address the issue seemed «arbitrary, capricious, [or] an abuse of discretion» — making it a violation of Chevron, he said.

On adaptation, the report outlines three corruption risk areas: State capture and abuse of discretion; bribery, clientelism and cronyism leading to poorly designed programmes; and petty corruption in programme delivery.

The state of Alaska and the Alaskan Oil and Gas Association correctly challenged the «threatened» designation as an «arbitrary, capricious abuse of discretion, or otherwise not in accordance with law».

«According to the Supreme Court, all actions by federal agencies, including rulemakings, must be made on the basis of evidence, and may not be arbitrary and capricious or an abuse of discretion,» Flatt said by email.

[37] While Pima County Superior Court Judge James Marner had said the university did not abuse its discretion in concluding that disclosing the documents would not be in the best interests of the state, appellate Judge Joseph Howard said it was legally irrelevant what university officials thought was appropriate to disclose.

And then the most recent court ruling said: «We hold that the district court abused its discretion in granting the preliminary injunction... The Plaintiffs have failed to show a likelihood of irreparable injury.

Courts can not only order prosecutors to consider a case, but they can also find an «abuse of prosecutorial discretion» and then decide themselves whether the state has to prosecute a case, enforce a law, etc..

It adds: «The threat of a corporate death sentence is an abuse of prosecutorial discretion against any but the most corrupt criminal enterprises — namely, the mob.»

The standard of review almost always requires the petitioner to show that the failure to prosecute was «an abuse of prosecutorial discretion.»

The CBP may be incorrectly interpreting the EO (which even the administration is not clear about) and therefore violating the law as applied because the EO does not actually authorize their action or because the way that they interpreted the EO was an abuse of their discretion.

We may, in our sole discretion, disqualify any individual found to be: (x) tampering with the entry process or the operation of the Giveaway or website; (y) acting in violation of these rules; or (z) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.

[18] To the extent the doctrine of champerty and maintenance remains relevant in Canadian common law, even as means of protecting the courts and vulnerable litigants against abuses, its purpose is not and was never intended to be achieved by conferring on the courts the discretion to inquire into and approve or disapprove of a plaintiff's funding arrangements as a condition precedent to instituting or pursuing litigation.

The Rita standard for a guidelines sentence seems to be an «abuse of discretion plus» standard of review.

I actually thought Gribergs, skimming through it, was not really applying abuse of discretion, but I think the Seventh Circuit was here.

The court of appeals did not find any evidence the trial court abused its discretion in proceeding with the trial in his absence.

A return to garden variety abuse of discretion would bring us back to the pre-SRA standard, which is not what Booker envisions.

The Arizona Court of Appeals court concluded the trial court did not abuse its discretion in proceeding with the trial in the husband's absence.

The Court of Appeals noted that it only overturns spousal support if the trial court abused its discretion.

The Virginia Court of Appeals found there was no abuse of discretion by the trial judge in denying husband's request for a continuance or denying his motion to reopen the case.

The Superior Court judge did not abuse his discretion in the de bene admission of the evidence.

Further, a trial court's abuse of discretion can be based on making an error in law.

The court recognized that the standard of review on appeal for an award of spousal support was an abuse of discretion, citing Fox v. Fox, 61 Va..

2015) demonstrates, where the Virginia Court of Appeals reversed the trial court's reservation of spousal support as an abuse of discretion.

While the trial court has the discretion to see that the right of cross-examination is not abused, this discretion is to be employed only after the right «has been substantially and fairly exercised.»

The Virginia Court of Appeals first restated the rule that it will not reverse the divorce court's discretion in fashioning an equitable distribution award unless it appears from the record that the divorce court abused its discretion, failed to consider or misapplied the factors in the equitable distribution statute, Virginia Code Section 20 - 107.3 (E), or made essential fact findings unsupported by the evidence.