Sentences with phrase «on judicial error»

An earlier post there (Ruminations on judicial error) may also be of interest on the subject of system change.

Not exact matches

Albert Camus's essay «Reflections on the Guillotine» cites a 19th - century French jurist's application of the law of probability to the chance of a judicial error with a result of one innocent man's being condemned in every 257 criminal cases.

But shouldn't critics of «the judicial usurpation of politics» take at least some comfort in the fact that the error was on the side of democracy, as it were?

An appeal on the merits is not available for Tribunal merger authorisation decisions, but the ACCC is seeking judicial review, alleging three reviewable errors, including that the Tribunal erred in its reasoning that «it could only conclude that the proposed acquisition was likely to result in a detriment if the Tribunal concluded that there would be a substantial lessening of competition».

The problem is, however, that this standard is extremely vague and indeterminate, based on projective speculation about which parent might in future be the «better» parent, and thus subject to judicial bias and error.

On Tuesday, the Board of Elections Cover Sheet Review Committee found that the Bronx Democrats had made errors of three volumes of petitions involving judicial delegates:

There are plenty of troubling examples of dubious forensics and downright judicial errors, which have been documented by Hearing Voices, a science journalism project on forensic science carried out by the authors of this article in 2015 and 2016.

This article reports on the results of an empirical study of judicial susceptibility to systematic errors in judgment.

Ms. Raczynska failed to name the correct party on her application for judicial review, and failed to repair this error or serve the Professional Corporation in the stipulated time frame (at paras 4, 5 citing Leon's Furniture Limited v Alberta (Information and Privacy Commissioner), 2011 ABCA 94).

For The Judicial Branch: represent Superior Court trial judge before Connecticut Supreme Court on Writ of Error appeal; investigation of New Haven Juvenile Detention Center; and represent employees before the Statewide Grievance Committee.

In their submissions on this motion, the carriers appear to be under the mistaken impression that an appeal is available on errors of fact or that this is a judicial review proceeding where the remedy for an omission to make a relevant finding of fact would be to remit the case back to the trier of fact.

Rather than equating the FSA's reliance on the privileged material with the public law concept of taking into account an irrelevant matter, the judge held that it was more accurate to consider the error as equivalent to a judicial or administrative body acting, in part, on inadmissible evidence.

In a takeoff from Malcolm Gladwell's best - selling book Blink, Professor Chris Guthrie drilled into judicial error rates in Blinking on the Bench: How Judges Decide Cases, 93 Cornell L. Rev. 1 (2007).

There are essentially two types of errors that might lead a court to overturn a RTB decision on judicial review:

How serious does a substantive error have to be for a court to set aside a RTB decision on judicial review?

The concept of jurisdictional error, with its teaching that on some matters an administrative decision - maker must be correct or face judicial intervention, has usually been at the eye of the storm.

He is one of the practitioners in the article who weigh in on a recent Massachusetts Supreme Judicial Court (SJC) decision and who all say that it provides much - needed relief for both residential lenders who wish to maintain their secured status despite certain technical errors that appear in many borrowers» closing documents and the attorneys who seek to cure those errors.

We have evolved from Mallios v. La Reine, [1978] Q.J. no 380, there Greenberg, J. of the Quebec Superior Court was considering whether the trial judge was in error in taking judicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contjudicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contJudicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a controversy.

On that day West Virginia's governor formally signed HB 2010 ending partisan judicial races starting with the 2016 elections; the governor had issued a veto on HB 2010 previously not on the merits but due to typographical and reference errors in the bilOn that day West Virginia's governor formally signed HB 2010 ending partisan judicial races starting with the 2016 elections; the governor had issued a veto on HB 2010 previously not on the merits but due to typographical and reference errors in the bilon HB 2010 previously not on the merits but due to typographical and reference errors in the bilon the merits but due to typographical and reference errors in the bill.

It is alleged by the defendant in error in this case that the plea to the jurisdiction was a sufficient plea; that it shows, on inspection of its allegations, confessed by the demurrer, that the plaintiff was not a citizen of the State of Missouri; that, upon this record, it must appear to this court that the case was not within the judicial power of the United States as defined and granted by the Constitution, because it was not a suit by a citizen of one State against a citizen of another State.

A few years ago, the American Tort Reform Assocation named West Virginia a so - called «judicial helllhole», in fact # 3 «hellhole» based on a flagrant error.

Should arbitrators be free from judicial control based on legal errors, in order to encourage the freedom to arbitrate?

It strikes down the right of the Workers» Compensation Appeal Tribunal (WCAT) to reconsider its own decisions on the basis of jurisdictional error, and it potentially broadens the scope of judicial review, to permit reviewing judges to re-weigh the evidence that was before the tribunal.

Accordingly, on an appeal from a judicial decision, the interpretation of a non-standard form contract is normally reviewable only for palpable and overriding error unless there is an extricable question of law.

Judicial adventurism in Anisminic paved the way for Racal, where Lord Diplock, in obiter dicta, misinterpreted Anisminic to find that an administrative decision based on an error of law is automatically a nullity.

If it may be thought that any error was entailed in the Court's perception of jurisdiction, such an apprehension by itself, would not justify the reversal of the Macharia Ruling, a decision which, as we must take judicial notice, will have established itself as a mark of certainty and predictability in the law,... on the basis of which numbers of people will have figured out their rights and expectations.