Sentences with phrase «of appellate court»

The Supreme Court of Washington has partially reversed the rulings of the appellate court in Svendsen v. Stock, a case previously summarized in The Letter of the Law.

«There is a great deal of concern about this ruling in the California real estate community,» said Bob Hunt, a San Clemente agent and a director of the California Association of Realtors, of the appellate court's conclusion.

To read an earlier Letter of the Law summary of the appellate court opinion in this case, click here.

Click here to read a summary of the appellate court's decision in this case.

After the overturning of U.S. District Judge William Alsup's ruling that APIs can't be copyrighted, Google claimed that what they had done should be considered «fair use» and still legal under the ruling of the appellate court.

And I cover nominations and confirmations of appellate court judges.

Some of you may be interested in this scholarly law journal which focusses exclusively on issues, practices, and procedures of appellate court systems, both federal and state, both American and international.

As a foundational principle, the Supreme Court of Canada affirmed in Housen the limited role of an appellate court, as had been previously articulated in Underwood v. Ocean City Realty Ltd.:

[1] The primary question on this appeal centres on the issue of an appellate court's ability to raise new grounds of appeal and the considerations which should guide the court in doing so.

The SCC's affirmation of the appellate court's decision seems to indicate that it is willing to accept minimal corroboration of an informant's tip as the basis for a lawful unwarranted arrest....

The whole decision - making process of an appellate court is designed to balance the need for finality against the need for quality and a fair trial in the trial court.

For him, it is «an unprecedented departure from the proper role of an appellate court [that] runs contrary to long - established law and raises a host of practical problems.»

Among them, one can find foreign ownership and control, outsourcing and offshoring, preservation of and access to our legal heritage, access to French and English translations of appellate court decisions on subjects of national interest, the definition of a public document, copyright in compilations, and government funding.

«The mandate of the appellate court is to determine the correctness of the trial decision, and a functional test requires that the trial judge's reasons be sufficient for that purpose.

He went on to proclaim that adherence to the trial record was not a ««fetish»» but rather a central foundation for «the proper role of an appellate court,» and that extrarecord factual research by appellate judges «will cause problems in our judicial system more serious than those it is trying to solve in this case.»

It is not the task of an appellate court to disagree with the trial judge's assessment [49].

These features of appellate court work may blunt any effect of brief readability on case outcome.

Less than two months later, another Court of Appeal expressly disagreed with the holding on section 351 of the appellate court below.

[60] In the opinion of the appellate court, the use of such a method recognizes the concerns raised by the commentators and the courts that dollars spent on increased access or shared custody do not necessarily lead to a reduction in expenditures for the recipient parent.

The plaintiff in McVey urged the state Supreme Court to interpret Section 10 consistent with the reasoning of the appellate court so that attorney fees and costs are deducted before computing the hospital lien.

Representing judge in First Amendment defense to contempt proceedings arising from judge's published criticism of appellate court.

That's my take on «Legal Win for Hells Angels,» Mike Cernovich's report of an appellate court decision affirming a district court's denial in part of motions for qualified immunity filed by seven San Jose police officers and one deputy sheriff.

All of a sudden, the client has a memo on a given piece of legislation the day it is introduced / adopted or an alert on the relevance of an appellate court ruling the day that it delivered.»

«As first noted here late last night, in today's edition of The Recorder of San Francisco, attorney Cyrus Sanai has an interesting essay entitled «Taking the Kozinski Challenge» that begins, «The fiercest battle within the federal appellate courts these days is not over abortion or gay marriage, but the arcane question of whether an attorney may cite the unpublished case law of an appellate court as the binding law of the circuit.»»

According to yesterday's news (see here for an article from the National Post), the government of New Brunswick will be asking the Supreme Court of Canada to look into the status of its language laws as it appeals the decision of its appellate court upholding the decision of a provincial judge who excluded breath - sample evidence of a suspected impaired driver pursuant to s. 24 (2) of the Canadian Charter of Human Rights and Freedoms because his language rights had been violated (see R. v. Losier, 2011 NBCA 102 (CanLII)-RRB-.

The conclusion of an appellate court's term provides a target window for constitutional law specialists and others to dissect the latest rulings and explain what they mean in real - world terms.

If it is the law that the duty of disclosure continues to any appeal hearing — and the point is moot, as McFarlane LJ explains — then any such fiction could be avoided; though the review function of the appellate court may be compromised on a literal reading of CPR 1998, r 52 (1) and (2).

[73] Differing perspectives and insights on complex and difficult legal issues find expression when all members of an appellate court are afforded an equal opportunity to contribute to its jurisprudence.

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

To defend the judge's ruling, the opposing lawyer actually submitted documents that were not part of the trial court's record, a serious violation of appellate court rules.

In the U.S. Federal appellate courts, and maybe all of the state appellate courts, they have a procedure (as I understand it) by which a judge of the appellate court who wasn't on the hearing panel can request the full court reconsider the decision.

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.

On February 9, 2018, a three - judge panel of the appellate court affirmed the class - certification order.

The measure appears to be an effort to get ahead of the appellate court's ruling.

Given even the possibility of the appellate court either overturning or ordering a new trial for Skelos, the former senator's team argued Wood should allow for bail and postpone a date for submission for incarceration.

«Finally, you are to please ensure that the judgment you pass on the accused person will stand the test of appellate court, public opinion and above all, that of the Almighty Creator.

In the wake of an appellate court decision, Spa City's charter change advocates are once again trying to get their hands on electronic images of ballots cast in November's charter referendum that was defeated by a narrow 10 - vote margin.

The judgment of the appellate court, which restored the leadership of Sheriff, has been used by the former governor of Borno State to gain access to the party's national secretariat.

[M] aybe divisions of appellate courts think that if they ignore their own precedents they won't get called on this by their colleagues, especially if a judge on the appellate panel was part of the panel deciding the precedents; or there's nobody outside the court (who might matter) to to complain because it's an appellate court of final resort; or it's an inferior appellate court but the panel has good reason to believe the final appellate court won't grant leave to appeal.Whatever the reason, such judicial conduct unacceptable.

He claims that because one of the major functions of appellate courts is law development; opinions are properly written more like the rules found in statutes so that the public can better follow the law and lawyers can better predict how a court will rule.

Because the losing party had separately appealed the fee award (a prudent move), the parties got together and stipulated to a reversal, an award of appellate courts to the winner, and issuance of the remittitur forthwith.

Courts, including a number of appellate courts, have reviewed human rights tribunal decisions, and spoken to the obligation of professional regulatory hearing panels to address alleged discrimination, unless such issues are expressly excluded from their scope by enabling legislation.

The emphasis in Pt 35 of the Civil Procedure Rules on the experts» duty to the court, and the several decisions of the appellate courts concerning experts» conflicts of interest and independence, has encouraged a more professional approach by the vast majority of experts.

The court's decision in Acuity does not, at first instance, appear to be consistent with earlier decisions of the appellate courts in Ontario or British Columbia.

«With a proven track record in shareholder derivative suits and securities fraud actions and an intimate knowledge of the appellate courts across Texas and the Texas Supreme Court, Andrew will be a strong asset to our firm and clients,» said Michael Forshey, managing partner of the Squire Patton Boggs Dallas office.

Like The Conduct of an Appeal, this blog addresses the jurisdiction and powers of appellate courts in civil and criminal matters in Canada, together with significant procedural developments in appellate courts, including the Federal Court of Appeal and Supreme Court of Canada.

I do not hold out much hope of our appellate courts being overly concerned with these ladies rights under Articles 6 and 13.

On the contrary, it is the daily practice of this court, and of all appellate courts where they reverse the judgment of an inferior court for error, to correct by its opinions whatever errors may appear on the record material to the case, and they have always held it to be their duty to do so where the silence of the court might lead to misconstruction or future controversy and the point has been relied on by either side and argued before the court.

Hopefully such changes also would enhance the ability of appellate courts to make «a sensible decision» based on all of the «important facts» for such a decision.

In a concurring opinion, the second judge in the majority lamented that the «disagreement over the outcome of this relatively simple case has morphed into a debate over the propriety of appellate courts supplementing the record with Internet research.»