Sentences with phrase «of cognizable»

Swain dealt primarily with the use of peremptory challenges to strike individuals who were of a cognizable or identifiable group.

[E] very jurisdiction which has spoken to the matter, and prohibited prosecution case - specific peremptory challenges on the basis of cognizable group affiliation, has held that the defense must likewise be so prohibited.

To establish such a case, the defendant first must show that he is a member of a cognizable racial group, Castaneda v. Partida, supra, at 494, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race.

Not exact matches

Last month, the federal government released guidelines to regulate online taxi companies, saying they should do stringent security checks and not contract anyone convicted of a «cognizable offense» under India's criminal laws.

The wider assumption of general laws holding for all cognizable occasions appears a very unsafe addendum to attach to this limited knowledge.

«To us as a party, the most egregious of the faux pas committed by INEC is asking the APC to lawfully nominate a candidate for the supplementary governorship election without a valid and legally cognizable primary election of the party conducted within the mandatory timeliness specified by the electoral act.

Yet, this is not a case about free speech writ large, nor about the guaranty of a fair trial, nor about any cognizable constitutional right of public access to the courts.

He reopened it, asking the parties and any interested amici to submit briefs on «whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable «particular social group» for purposes of an application of asylum or withholding of removal.»

Because the lighter was fit for its ordinary purpose of producing a flame, the Court found that it was merchantable, and thus, no claim for breach of the implied warranty of merchantability was cognizable against the manufacturer.

The Superior Court also rejected the plaintiff's various «direct» theories of negligence by holding that such theories did not confer a legally cognizable duty upon the utility.

While many lawyers will make the easier ethical decisions in their careers more by thinking logically and applying common sense than by reading the rules, along the way in history the rule makers have agreed with the commenter to my post, that common sense does not make a cognizable set of rules for the masses to follow, and thus they wrote precursors to today's American Bar Association Model Rules of Professional Conduct.

Such matters as disputes between husband and wife, disputes among relatives (e.g., disputes relating to support and those relating to partition of estate), and divorce cases are all cognizable under the conciliation procedure.

Negligence is any conduct that creates an unreasonable risk of harm to others and is actionable when that risk creates a legally cognizable injury.

The first change — from «do not create a cognizable risk of corruption» to «create no cognizable risk of corruption» — flips the phrase into the active voice.

By the military commission, Gen. Scott tried cases cognizable in time of peace by civil courts, and by the council of war, he tried offenses against the laws of war.

«The offences cognizable by military commissions may thus be classed as follows: (1) Crimes and statutory offences cognizable by State or U.S. courts, and which would properly be tried by such courts if open and acting; (2) Violations of the laws and usages of war cognizable by military tribunals only; (3) Breaches of military orders or regulations for which offenders are not legally triable by court - martial under the Articles of War.»

The supreme judicial and superior courts shall have original and concurrent jurisdiction of all cases and matters of equity cognizable under the general principles of equity jurisprudence and, with reference thereto, shall be courts of general equity jurisdiction, except that the superior court shall have exclusive original jurisdiction of all actions in which injunctive relief is sought in any matter involving or growing out of a labor dispute as defined in section twenty C of chapter one hundred and forty - nine.

Generally speaking you don't suffer a legally cognizable injury for standing purposes because of the manner in which the revenues collected via your taxes are spent, even if some or all of that spending is contrary to your strongly held religious or ethical principles.

Rules of Civil Procedure: These rules govern the procedure in courts of record in all actions, suits, or other judicial proceedings of a civil nature whether cognizable as cases at law or in equity, with the qualifications and exceptions stated in Rule 81.

Successfully moved to dismiss the claim arguing that indirect economic harm from the loss of «key employee» services, absent any direct injury to the employer, is not cognizable — an issue addressed by only a handful of courts throughout the country and one of first impression in New Jersey.

Although violation of a municipal ordinance may be evidence of negligence, it is not in itself sufficient to impose a legal duty cognizable in negligence.

No provision of this chapter shall be construed to limit the performance of activities of a rabbi, priest, minister, or member of the clergy of any religious denomination or sect, or use of the terms «Christian counselor» or «Christian clinical counselor» when the activities are within the scope of the performance of his or her regular or specialized ministerial duties and no compensation is received by him or her, or when such activities are performed, with or without compensation, by a person for or under the auspices or sponsorship, individually or in conjunction with others, of an established and legally cognizable church, denomination, or sect, and when the person rendering service remains accountable to the established authority thereof.

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.