Sentences with phrase «on judicial precedent»

Instead, the courts interpret each non-compete or similar agreement based on judicial precedent.

Common Law is the system of jurisprudence originating from England, and is based on judicial precedent, rather than legislative enactments.

Clearly, there are loopholes and voids that need filling in this market, and legislative development can take some time, relying mostly on judicial precedents.

Not exact matches

District Attorney David Soares said his office will appeal the judge's dismissal of the bribery count, and said his office's pursuit of the charge was based on «sound judicial precedent.»

Recall that a Federal High Court in Abuja had taken its final decision on the corruption case involving Justice Ngwuta, pointing out that the prosecution in the Justice Ngwuta's case failed to comply with the condition precedent before bringing charges against a judicial officer.

When the agenda turned to a related matter — proposed amendments to the ethics law, for which the board scheduled a public hearing on August 13 — Wilber announced that town attorney Rod Futerfas, citing a judicial precedent, had suggested that the board could proceed under the so - called Rule of Necessity.

A strict reading of the state's education code and judicial precedents on home schooling from the 1950s and»60s clearly supported the ruling.

In addition, the broad ban on unfair or deceptive acts has also led the way to a wealth of rules and regulations [FN50] and significant judicial precedent.

[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.

Actually, if we're going to be technical: it's entirely worthless as precedent since there's no person lower on the Ontario judicial pecking order (unless things have changed in Ontario since the end of 2012) than a deputy judge of the small claims court.

Mr. O'Sullivan is also correct to imply that, in a justice system where the content is based in part on «judicial civil precedent», on judges providing new solutions to new problems created by changes in society, a reduction in the number of decided cases, precedents, could be a problem.

On August 8, 2017, the state supreme court overturned a 16 - year judicial precedent that had equated the best interests of the child with the best interests of the custodial parent.

Mr. Sirota offers quite a bit to chew on in just over 1000 words, but his argument, as I understand it, boils down to the following propositions: 1) Judges must generally apply the law as written and should work to foster stable legal doctrine, 2) In applying the law, judges can not avoid making moral and value - laden judgments; and 3) Judicial moralizing is, to a certain extent, desirable due to «democratic process failures,» meaning that the legislative process is not properly responding to the changing will of the people (Mr. Sirota also discusses briefly the circumstances in which courts should be permitted to overrule precedents.

As with judicial precedents developed under the former rules, I expect there will be some seemingly inconsistent judgements dealing with the issue of independent medical exams under the current rules and eventually the BC Court of Appeal will likely weigh in on the issue to bring some clarity to the law.

Recent initiatives of the judiciary, legal service organizations, and the bar to improve access to justice all depend ultimately on timely, accurate, and economic distribution of the state's judicial precedent.

It is, arguably, a specific instance of the broader question of how the law ought to deal with unusual situations on which precedent is lacking; as I observed here, in a post prompted, in part, by prof. Magliocca's musings on the subject of judicial review of unusual statutes, that broader question is not an easy one.

Stare decisis is also defended on the ground that it increases the «perceived integrity of the judicial process» by promoting the appearance of the rule of law.52 When courts cavalierly overrule their own precedent, they may reduce the public's confidence in the view that judges are constrained by the principles of law they espouse.53 However, granting binding precedential value to secret opinions fails to promote the appearance of the rule of law, precisely because these opinions are secret.

But because this report's constructive criticisms seem to fall largely on deaf ears in Sacramento and in many courthouses around the state, this year's look at the West Coast's perennial Judicial Hellhole will pragmatically limit its focus to an armful of the state's civil injustices, including precedent - defying state supreme court decisions, the Private Attorneys General Act, Prop 65, food and beverage litigation, innovator liability, the California Environmental Quality Act's impact on affordable housing, courts» expansions of public nuisance law and natural disaster - chasing personal injury lawyers, among others.

Based on these earlier cases, the Court concluded that past precedent supported judicial deference to legislative judgments on what constituted a sufficient public good justifying the use of the takings power.