Sentences with phrase «only issue in the appeals»

Kim says the only issue in the appeals panel decision is that the jury instructions were incorrect, because of the recent Supreme Court decision, which involved former Virginia Governor Bob McDonnell and his wife.

Kim said the only issue in the appeals panel decision is that the jury instructions were incorrect, because of the recent Supreme Court decision, which involved former Virginia Gov. Bob McDonnell and his wife.

Not exact matches

The declaration said, «In line with apostolic precedent, we appeal in many issues that confront us, to the Bible, the inspired, the only authoritative, inerrant word of GoIn line with apostolic precedent, we appeal in many issues that confront us, to the Bible, the inspired, the only authoritative, inerrant word of Goin many issues that confront us, to the Bible, the inspired, the only authoritative, inerrant word of God.

Apparently there were only five voters who submitted blank ballots, and we might simply consider those voters — yes, including ESPN's Howard Bryant — as the lunatic fringe, and write them off; on this issue, there's simply no use appealing to reason, and fortunately there aren't enough of them to make a real difference in the results.

Only the state's highest court, the Court of Appeals, can remedy this issue in order to protect taxpayers.

In an emergency appeal filed Monday, a privacy rights group claimed a secret federal court improperly authorized the government to collect the electronic records, and said only the justices could resolve the statutory issues at stake.

I suspect the only reason that the poll may even be «close» is that Bob Davis is appealing to common - sense pocketbook issues and opposing the trade deals, like NAFTA and WTO that BOTH parties have embraced in lockstep without so much as a debate.

It was standing room only in Portcullis House last night as a fifty strong contingent featuring some of the Tory Party's best and brightest met to discuss an issue that plagues British conservatism: the need to appeal more to the blue collar voter.

An improvement in the accuracy of the late filing, non-filing and late payment messages would not only reduce the volume of penalties issued in error by HMRC, but would also reduce the number of appeals that inevitably result from this.

The voters could easily switch to the LibDems (Calamity Clegg he may be but he appeals to women whilst Vince Cable comes across as well informed and sensible), the Greens (the fruits of a quarter of a century of green propaganda in our state schools and the Greens are the only party not seen as sleazy), the BNP (as the depression bites and unemployment rises, immigration will become a huge issue) or UKIP (Nigel Farage, the ace communicator, dispenses common sense in a straightforward manner and UKIP will become prominent in the EU Parliament elections next spring).

Because Justice Sonia Sotomayor recused herself — she sat on the panel that reviewed the issue in the appeals court — only eight justices heard the arguments.

The training required to excel at either end of the spectrum is only part of the reason; there's also the issue of body type, the fact that running and lifting tend to appeal to very different sorts of reward centers in the brain («I love that runner's high that kicks in around mile 20!»

In the brief, the amici (NSBA, et al.) urge the Court to review the decision of the U.S. Court of Appeals for the Third Circuit extending the stay - put obligation through completion of all appeals — a departure from previous court rulings that limited the stay - put obligation only until a trial court issued a deAppeals for the Third Circuit extending the stay - put obligation through completion of all appeals — a departure from previous court rulings that limited the stay - put obligation only until a trial court issued a deappeals — a departure from previous court rulings that limited the stay - put obligation only until a trial court issued a decision.

Reviewers were of mixed opinion about Final Fantasy V Dear Friends; finding it to be of fair quality, though Jason Strohmaier took issue with some of the synthesized instruments and Freddie W. of RPGFan concluded in his review that the album was «a mixed bag of moods, emotions, and ideas that would only appeal to those who loved Final Fantasy V.» [13][14]

If a goal of realclimate is to inform laypeople of issues in climate science, then arrogance in this forum will only appeal to its most unquestioning adherents while driving away those who prefer to keep an open mind about a complex and dynamic field.

Failing that, Cuccinelli has succeeded only in 1) making Virginia and America less appealing places for scientists to make their careers, and 2) making science relevant to substantive issues less attractive topics for young scientists to build a career upon.

More than a few commenters on previous articles about the Copenhagen Wheel took issue with the device's appearance, as the Wheel resembles two big plastic frisbees mounted on the rear wheel, and it only comes in red at the moment, which may not appeal to some riders.

The underlying issue for an appeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulappeal is simple: the appellate court (AC), ie Court of Appeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulAppeal; a High Court judge; a circuit judge etc) may only allow an appeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregulappeal if it considers the decision below was «wrong» (r 52.11 (3)-RRB-: wrong in law, wrong on the facts or because the judge exercised his discretion wrongly («plainly wrong»: Piglowska v Piglowski [1999] 1 WLR 1360, [1999] 2 FLR 763); or unjust because of a procedural irregularity.

Courts have consistently confirmed this in relation to article V (1)(c).837 For example, the United States Court of Appeals for the Fifth Circuit denied a party's attempt to raise a challenge under article V (1)(c) to oppose an order compelling arbitration, that is, before the arbitral proceedings had even taken place.838 The court noted that the provision could only be invoked by a party opposing enforcement of an award, which was not possible in circumstances where no award had been issued, and also unlikely where the party raising the challenge was the claimant in the would - be arbitration, and thus not the party who would be in a position to challenge any resulting arbitral award absent any counterclaims.839

The Svea Court of Appeal found that when the relevant dispute - resolution clause (article 10) in the BIT is interpreted in accordance with article 31 and 30 of the Vienna Convention on the Law of Treaties («the Vienna Convention»), it only covers jurisdiction over issues relating to the amount, or method of payment, of compensation paid in the event of an expropriation, and not over the issue as to whether expropriation of an investment has occurred or not.

However, all of this changed last year when the Ontario Court of Appeal released its decision in Joseph v. Paramount Canada's Wonderland, 1 a case in which, under Ontario's new Limitations Act, the plaintiff's attorney failed to issue the statement of claim within the limitation period.2 The Court of Appeal unanimously eliminated any discretion that the court had to extend limitation periods based on «special circumstances» and held, subject to only a few exceptions, that the expiry of the two - year limitation period in Ontario is a complete bar to a lawsuit.

Although this appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the facts.

The Court of Appeal reviewed the decision in February 2008, but only on the issue of whether Evans was a consumer, which it decided he was.

Unlike an appeal, a party can not challenge an award based on any issue related to the merits of the award; rather, a challenge will be successful only if the arbitral award was delivered in violation of one of the limited grounds listed in Article 216 of of the Federal Law No. 11/1992 Concerning the Civil Procedures Law (as amended)(«the CPC»).

Appellate counsel, cognizant that the New York Court of Appeals rejects numerous cases that were wrongly decided — only accepting those raising important, novel issues — recognizes that practicing before the Court requires a fundamentally different strategy than that used in the intermediate appellate court.

Obtained from Fifth Circuit Court of Appeals in Dallas, Texas, reversal of cross-motions for summary judgment which was rendered to trial court with only issue remaining being award of attorney's fees.

So far, only three published studies have analyzed the association between brief readability and case outcome, 50 and no studies have analyzed that association in the trial courts, where most lawyers practice.51 Long and Christensen sampled 882 appellate briefs from the Supreme Court, federal appellate courts, and state supreme courts.52 Their dependent variable was the outcome of the appeal (affirmed or reversed), while their independent variable was readability measured by the Flesch Reading Ease score as calculated by Microsoft Word.53 For federal appellate and state supreme court briefs, the researchers coded control variables for federal or state court, standard of review, presence of a dissenting opinion, and readability of the opinion deciding the appeal.54 For United States Supreme Court briefs, the researchers coded control variables for constitutional issue, criminal or civil case, presence of a dissenting opinion, and opinion readability.55 They found no statistically significant correlation between readability and outcome in the briefs in their study.56

In my view, the Court of Appeal was ultimately correct, but its analysis would have benefited from some discussion of the difference between retroactivity and retrospectivity and why the PJI issue only concerned the latter.

Key Singapore: applications to the Commercial Court under sections 67,68 and 69 of the Arbitration Act 1996 in relation to issues of time limits for lodging notice of appeal where there has been a private submission to arbitration in a salvage case and whether it is necessary to lodge a separate notice of appeal in relation to an award on costs only.

The parties had apparently agreed that the underlying question of law had been decided by the Competition Appeal Tribunal in the first Eurotunnel case, Eurotunnel I [2013] CAT 30, and that the only issue arising in Eurotunnel II was a rationality challenge to the CMA's decision.

In its appeal of the non-FRAND parts of Judge Posner's ruling, I'm sure Apple will raise a constraints issue: Judge Posner gave the parties only one chance to submit a damages report.

While the Court of Appeal addressed a wide range of issues, we need comment only on one: we are not persuaded that there was any miscarriage of justice in any of its forms in this case.

Their responses in pre-action correspondence and their resistance to my firm's application for a JR reveal a serious attempt to apply the Civil Legal Aid (Merits Criteria) Regulations 2013 (SI 2013/104) in a way which would mean that no legal aid provider could ever pursue an appeal to the Court of Appeal where the only issue is appeal to the Court of Appeal where the only issue is Appeal where the only issue is costs.

On my proposed disposition of these appeals, the issue whether the claim for libel in the internet version of the article is subject to the notice and limitation provisions of the Act is relevant only to the issue of discoverability, an issue I would also leave to be determined at trial.

Next, in terms of the institution of the court, currently including 21 judges and 8 supernumerary judges, Justice Morrissette noted the immense advantage of being able to solicit electronic comments on draft judgments as opposed to have a «paper river» betwen Montréal and Québec City where the Court sits (note: all appeal judges are solicited for comments before the final judgment is issued; not only the chosen panel of 3 or 5 judges).

However, in this appeal the only remaining issue is whether or not, as a quasi-employer, the Commissioner owed the officers a duty of care to protect their health, economic and reputational interests in: (i) the conduct of the Commissioner's defence; (ii) the decision to settle those proceedings; and (iii) the terms on which the settlement was reached.

The court of appeal dealt with the issue in Hughes v. Sunbeam Corp., [2002] O.J. No. 3457, in which the plaintiff had a direct cause of action against only one of the defendant manufacturers.

Section 45 (1) of the Ontario Arbitration Act, 1991 provides that, if the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied that (a) the importance to the parties of the matters at stake in the arbitration justifies an appeal; and (b) determination of the question of law at issue will significantly affect the rights of the parties.

The moving parties, St. Jude Medical Inc. and St. Jude Medical Canada, Inc., brought this motion to quash the appeal on the basis that the order in issue was an interlocutory, not final, order and thus was only appealable to the Divisional Court with leave.

In criminal cases, decisions issued by the court of first instance are generally challengeable before the Court of Appeals, while decisions issued by the Court of Appeals may be challenged before the Court of Cassation only if certain specific conditions occur.

ICBC appealed and Mr. Justice Myers overturned the earlier ruling noting the Court can only address this issue when determining liability and can not address this defense in a piecemeal fashion.

In Mayor of Baltimore v. Valsamaki an important decision issued yesterday, the Maryland Court of Appeals (that state's supreme court), ruled that cities can only condemn property through «quick take» procedures if they prove that there is an «immediate necessity» for doing so.

Moreover, even if a complainant has a right of appeal to a court, the court only has jurisdiction over individual complaints, and can not in an individual case deal with systemic issues of discrimination: Brar v. British Columbia Veterinary Medical Association, 2007 BCHRT 363 at para. 43 onward.

Yesterday the STL Appeals Chamber issued its first substantive decision (h / t Bill Schabas» blog), penned by Professor Antonio Cassese, who was not only the presiding judge but also the judge rapporteur in the Chamber.

GERLEP not only caters to students seeking experience in the traditional environmental or resources law opportunities, such as an environmental NGO or government agency, but also appeals to students interested in corporate social responsibility, aboriginal legal issues, and other areas that touch on the environment and resources development.

Criminal Law: New Issues on Appeal R. v. Mian, 2014 SCC 54 (35132) Appellate courts have discretion to raise a new issue, but only in rare circumstances, and only when failing to do so would risk an injustice.

However, there were only two bank transfers in issue on this appeal.

Unlike longer term therapy, where a person might focus on how some of the issues with which they are struggling came to be, Brief Solution Focused therapy focuses more on the present and the future — allowing a person to do short term work to resolve the specific problem they are facing at the time.Because some insurance companies may only allow a limited number of counseling sessions, Brief Solution Focused Therapy might appeal to those in that situation, as well as to those who want to resolve a problem with a minimal number of counseling sessions.