Sentences with phrase «of appellate cases»

Where a general statement of law applies to every jurisdiction and will be based on common caselaw principles, such as a Supreme Court of Canada decision or a consensus of appellate cases in various provinces, or on a common statutory provision, such as a similar provincial rule of civil procedure, or common employment standards legislation:

From 1976 to 1989, Bill was an attorney with the Public Citizen Litigation Group, where he litigated law reform cases on state and federal constitutional law, antitrust and administrative law, voting rights, product liability, nuclear power, and food and drug law, and where he argued dozens of appellate cases, including several in the U.S. Supreme Court.

The rules of evidence and civil procedure are complicated, and must also be understood in light of appellate cases that have been decided by appellate courts over the years.

Without the overall context that a legal education provides, knowing what issues you should be looking for is difficult or impossible, and this is particular true in Anglo - American common law systems, where the law is embedded in an opaque network of appellate cases rather than laid out more or less completely in a carefully organized statute.

During her clerkship, Sarah researched and analyzed novel issues in many areas of law including civil, criminal, family, unemployment, workers compensation, and juvenile to advise and recommend the resolution of appellate cases to rotating three - judge panels.

There's a much more in - depth course on legal research for Courtroom5 members, and there's a nationwide database of appellate cases inside the member toolset for locating the legal authorities you need for your case.

Reports of appellate cases appear in the same day's alert.

Not exact matches

World Watch Monitor reports that Bibi's attorney Naeem Shakir challenged the testimony of the women who feuded with Bibi, arguing to the appellate court that their testimony had been hearsay because the complainant in the case had not heards Bibi's words himself.

The firm has a wide - ranging litigation practice at both the trial and appellate levels of the federal and New Jersey state court systems, having successfully litigated cases up through and including the United States Supreme Court.

Administrative Fee for Appointed Counsel Status Reports Annual Statistical Reports (trial & appellate courts) Board of Judicial Conduct Statistical Reports Criminal Sentencing Statistics Juvenile Court statistics Trial Judge Case Statistics

Indeed, this case has previously been cited as good law by an intermediate appellate court that is part of the state court system of Florida.

While making his intent known, he said, as a believer in the judicial system of the country, he would prosecute the case and go ahead with an appeal before the appellate court.

Saraki said the appellate court erred in law when it affirmed the competence of the proceedings of the CCT, which sat on the appellant's case with only two members as against the three provided for in the provisions of Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution.

In the case of parliamentary elections the Storting is itself the appellate body when it comes to appeals concerning the franchise and the right to cast a ballot.

The New York Court of Appeals denied leave to appeal in two cases over chimpanzees being held in cages by owners upstate, which leaves the lower appellate court's ruling in place.

In several cases, Bharara expanded the definition of misappropriated information so much that it appeared — at least according to the appellate courts — to criminalize information that the trader might not have known was stolen in the first place.

In an unprecedented interpretation of the statute three years ago, a state appellate court in Albany found the «cloak of confidentiality accorded to officers» personnel records» extends even to former police officers — something the state Committee on Open Government had for decades advised was not the case.

«We consider this a VERY big victory for the WEP, as now all three appellate courts to hear the issue agree with us that the Gold WEP rules govern the operation of the WEP,» said Steven C. Russo, an attorney for Greenberg Traurig, which argued the cases for the governor's allies.»

The probe leading to this week's charges against Michalek and Pigeon contends that the two exchanged numerous emails, with Michalek securing Pigeon's help in seeking an appellate division seat in exchange for providing Pigeon and his associates preferential treamtent in cases of interest.

The seven - member Court of Appeals heard oral arguments yesterday in two cases where a midlevel appellate court unanimously concluded last year that state oil and gas law doesn't trump the authority of local governments to control land use.

In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

Of course, the Supreme Court has appellate jurisdiction, as they do in all cases, except as prohibited by the 11th Amendment.

«Though the case is now before an appellate court, the body language of our President is equally important in ensuring the preservation of our democratic tenets.

Silver was convicted of using his political influence for political favors; the conviction was tossed last summer, when appellate judges in the 2nd Circuit ruled that the definition of «official acts» had been changed by a previous Supreme Court decision in the public corruption case of former Virginia Governor Bob McDonnell.

I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.

Last week, the petitioners, which also include the Legal Aid Society, the National Association for the Advancement of Colored People, and the New York Civil Liberties Union, submitted a motion for preference to the appellate court, asking that arguments in the case be heard by the end of June.

Judge Judith Kaye, a former chief judge of the state appellate court, investigated whether Paterson interfered in the domestic violence case involving David Johnson, a former top aide.

One case has already reached an appellate court and the whole issue could go to the state's highest court, the Court of Appeals.

Instead it has asked the Supreme Court to send the case back to the appellate court so that it can be reconsidered in light of the new greenhouse gas regulatory regime.)

But she's especially looking forward to a publication forthcoming later this year in the Yale Journal of Law & Feminism titled «Telling Stories in the Supreme Court: Voices Briefs and the Role of Democracy in Constitutional Deliberation,» which will analyze a new, controversial form of appellate narrative argument: briefs that share stories of individuals not parties to the case at hand.

Fortunately, progress in stem - cell research can still continue through non-federal funds, and the prevailing zeitgeist does seem to favor an eventual nullification of the decision: Yesterday, another overreaching legal case bit the dust when an appellate judge dismissed a lawsuit that claimed CERN's Large Hadron Collider risked destroying the Earth.

The Court's 5 - to - 4 decision in Board of Education, Island Trees Union Free School District No. 26 v. Pico affirms an appellate - court decision returning the closely watched censorship case to federal district court for trial.

A reissued decision in the Topeka, Kan., school - desegregation suit gives a more detailed picture of a federal appellate panel's deep division over the need for continued court supervision in the historic case.

Research (by Irenee Beattie, Josipa Roksa, and Richard Arum) that examined appellate court cases from 2000 to 2002 found that, on average, those cases emerged from secondary schools with 29 percent nonwhite students compared to 37 percent nonwhite students in the national population of secondary schools (the latter weighted for enrollment size to be comparable to the court case data); appellate cases also emanated from schools with more educational resources per student (student / teacher ratios of 16.3 compared to 17.5 nationally).

The institutionalization of student due process protections goes well beyond appellate case law, having been enshrined in extensive state statutes and administrative regulations.

To discern the larger contours of the legal climate facing schools, we analyzed all appellate - level federal and state court cases in which school efforts to discipline and control students have been challenged.

It is thus significant that the number of cases reaching state and federal appellate courts has surged back up to levels attained during the early 1970s when civil rights cases had a central place on the national political agenda (see Figure 1).

Even so, in an early case, an appellate court in Florida upheld the revocation of a teacher's certification at least in part because he inappropriately accessed pornographic sites on a school computer (Stueber v. Gallagher, 2002).

The U.S. Supreme Court recently agreed to review an appellate court ruling in a case (Friedrichs v. California Teachers Association) challenging the constitutionality of a California law that levies an agency fee on teachers who refuse to join a union.

She pointed out that the California Teachers Association has racked up three wins since spring, with the appellate court's unanimous ruling to overturn Vergara, the Supreme Court's decision this week to decline to review the case and the thwarting of her own bill that would have made changes to teacher tenure and dismissal procedures.

Since then, a high - profile court battle ensued, resulting in a Superior Court judge finding that the program violates the state's constitutional mandate to use public funds only for public schools — but thanks to a Court of Appeals ruling last month, the state must disburse school vouchers that have already been awarded while the case winds its way through the state appellate courts.

Randall G. Bennett is the Deputy Executive Director and General Counsel of the Tennessee School Boards Association where he provides general legal opinions to local boards of education, superintendents and TSBA staff on school governanace issues, organizes and presents at seminars and training events, prepares and files amicus briefs in appellate cases affecting public schools, monitors current litigation and changes in state and federal law, and supervises the Association's Policy Department, A former school board member and police officer, Mr. Bennett obtained his law degree from Nashville School of Law.

Trial and appellate courts both dismissed the tax credit scholarship case after concluding the union and other groups backing it (including the NAACP and League of Women Voters) could not show the program harmed public schools.

Before joining DOT, Mr. Bradbury was a litigation partner at Dechert LLP in Washington, D.C., where his practice focused on regulatory enforcement and investigations, rulemaking and judicial review of agency actions, appellate cases, and antitrust matters.

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

As a word of caution, there could be a reason our appellate Courts have not had a case where the landlord knew of those elements.

The dog must be maintained under the restrictions of the initial panel's decision until the case is heard by the appellate board.

The University of Arizona has appealed and the appellate case is currently pending.

Rather, it is asking, literally, how much you'd pay for the chance to increase your possibility of winning an appellate case.