Sentences with phrase «opinion of the court of»

a) Would there be a similar provision as under Scottish Legal Aid legislation (Section 18 (2) of the LEGAL AID (SCOTLAND) ACT 1986) «The liability of a legally assisted person under an award of expenses in any proceedings shall not exceed the amount (if any) which in the opinion of the court of or tribunal making the award is a reasonable one for him to pay, having regarding to all the circumstances including the means of all parties and their conduct in connection with the dispute».

While the non-citation rule prohibits citation to any unpublished opinion, judicial notice pursuant to California Evidence Code section 452 (d)(1) may be made as to the «[r] ecords of any court of this state...» On its face, this statute allows judicial notice of any opinion of the Court of Appeal as a record of a court of this state.

(2) In the case referred to in the preceding paragraph, the record referred to in said paragraph shall have attached thereto a document stating an opinion of the court of prior instance with regard to the appeal case and materials that serve as a reference in the proceedings of the appeal case.

The Council, the Commission or a Member State may obtain the opinion of the Court of Justice as to whether an agreement envisaged is compatible with the provisions of this Treaty.

In our view, and with respect to the contrary opinion of the Court of Appeal, the trial judge made legal errors in his analysis of the offence and the Crown has met its burden of showing that these errors might reasonably be thought to have had a material bearing on his decision to acquit.

The courts could retain discretion over whether to publish opinions not treated as binding on future judges.62 Therefore, every precedential opinion of the Court of Review and every FISC en banc opinion should be published in redacted form.

In the absence of publication, the FISC judges should afford no formal deference to past interpretations — even the opinions of the Court of Review or the en bancFISC.

In opinion of the Court of Justice, C 89/17 Secretary of State for the Home Department v Rozanne Banger, Advocate General Bobek held that where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the citizen's non EU partner with whom he has created or strengthened family ties in another Member State.

Not exact matches

The court removed outliers of one opinion while potentially allowing the opposite end of the spectrum to stay.

Judge Amy Berman Jackson of the U.S. District Court for the District of Columbia has not yet issued an opinion on the case.

As Darby and Stenson learned, even business interactions can spread like wildfire, welcoming the court of public opinion to pass judgement on the intentions of both parties.

If a leader can not listen to contrary opinions and make informed decisions based on a full range of views, then he / she courts disaster — as Rumsfeld did in Iraq.

The suits are part of a group of at least four other cases with similar arguments in various courts around the country, and they make legal experts wary, particularly as the differences in opinion seem to indicate their destiny to go before the Supreme Court.

The court is of the opinion that the defendants have the stronger opinion, although only slightly.

But the court in which these emails end up having the most significant consequences is the court of public opinion or in privately held evaluations.

The rules of evidence that apply in an arbitration fall somewhere between the anything goes «rules» that apply in the court of public opinion and the rules of evidence that apply in court which limit what comes in, generally speaking, to the kind of evidence experience has shown is trustworthy.

«The battleground has shifted to the legal courts and the court of public opinion,» he said, referring to lawsuits filed by tribes and an effort planned by the Lakota People's Law Project to rally lawmakers and others in Washington, D.C., to their cause.

At the very least, controversial emails or other communications from high - profile or powerful people that are disclosed publicly — no matter how they are obtained — are considered in the court of public opinion where no rules of admissibility apply.

How it all turns out will depend on the appeal — and Shkreli is clearly banking on victory either there — or in the court of public opinion.

And yet emails received in the rule - free court of public opinion may not be admissible in a court of law, where strict rules of admissibility apply.

«I think United is likely to be found on legally solid ground, but has already lost in the court of public opinion, and will pay dearly for it,» Quinn said according to Reuters, noting that Dao could still get a substantial settlement from the airline.

In a similar email statement, DraftKings tells Fortune: «There is a process by which hasty and uninformed opinions can be challenged in a court of law, which would allow DraftKings to not have to cease operations in the state of New York.

The revelation that Fox News opinion host Sean Hannity is one of Michael Cohen's clients was arguably the biggest bombshell to emerge from Cohen's court hearing in New York on Monday.

«Conrad Black has a tough road ahead of him to convince the court to reconsider that portion of their opinion,» Sussman claimed.

Court of Appeals Judge Eugene Pigott issued a separate opinion in the cases, concurring with the results but saying the state's definition of parenthood should properly be set by the legislature.

The opinion, issued by the U.S. Court of Appeals for the Federal Circuit, strikes down a legislative provision, first enacted in 1986 and renewed numerous times since, which sets a goal that 5 percent of federal defense contracting dollars each fiscal year must be awarded to certain entities, including small disadvantaged companies.

So here's a way for the Dreamers to be protected, President Trump to be responsive to public opinion and for the Department of Justice to devote its resources to better causes (like keeping AR - 15s out of the hands of crazy people)-- end the appeals and allow the court rulings to stand.

Once again, it's curious that Trump's former lawyer would disclose this — but it creates an opportunity for Trump's current team to push back in the court of public opinion, trying to either force Mueller to agree to a limited interview, or else to wage a political war by trying to refuse.

Particularly in light of the Court's 2008 decision in District of Columbia v. Heller, which struck down Washington D.C.'s handgun ban and found Americans had an individual right to a firearm — a 5 - 4 decision in which Stevens wrote the primary dissenting opinion — Stevens called the Second Amendment a barrier to «constructive gun control legislation.»

The legal basis for deriving implied powers from the penumbra of other express powers is best seen in Justice Douglas classic opinion in Griswold v. Connecticut.5 In the Griswold case, the United States Supreme Court struck down a Connecticut law prohibiting the use of contraception.

Trump is being tried now in the court of public opinion, and he is likely to be tried later by Congress during an impeachment inquiry.

«Because there is no genuine dispute of material fact that Sulyma had actual knowledge of the facts comprising claims I and III, as well as knowledge of the disclosures he alleges were unlawfully inadequate in claims II and IV, the Court grants defendants» motion for summary judgment on those claims, finding them time - barred,» Cousins wrote in his opinion.

I know most bloggers today are consumed with the June avalanche of Supreme Court opinions and cert grants, but something interesting is afoot in the corporate law world (and more importantly the actual world).

And even if Canadian courts ultimately deem such probing too onerous within the rubric of «reasonableness» review, such details can provide fodder for public commentary that can undermine the government's position in the court of public opinion (regarding the economic case for increased oil sands production, for example, see University of Alberta Professor Andrew Leach's commentary here).

The industry has already lost — in the court of public opinion.

Accordingly, notwithstanding receipt by HP Co. of the IRS private letter ruling and the tax opinions referred to above, there can be no assurance that the IRS will not assert that the distribution and / or certain related transactions do not qualify for tax - free treatment for U.S. federal income tax purposes or that a court would not sustain such a challenge.

However, consistent with the Rollover Opinion's reliance on the Supreme Court decision of Varity v. Howe [1], many believed that an advisor engaged to provide plan - level fiduciary services, would not be acting as a fiduciary when acting in a wholly separate non-fiduciary capacity, such as selling personal rollover services unrelated to its status as a plan fiduciary.

This is a curious remark as the principle - based fiduciary standard has been articulated through seventy years of court cases and SEC opinions — as a principle - based standard.

Spoiler Alert: To my surprise, the first sentence of the opinion's discussion section said, «As explained below, the Court has determined that the Asserted Claims are not directed to patentable subject matter.»

The legislation was stalled and the Conservative have since asked the Supreme Court of Canada for its opinion on the Senate reform proposals.

In that opinion, the first to address fee - shifting provisions following ATP, the Delaware Court of Chancery found that a fee - shifting bylaw was inapplicable to a share - holder plaintiff and the class where the bylaw was adopted after a plaintiff had been forcibly cashed out through a reverse stock split.

Competitions for factories or stadiums are typically more private, but this one is playing out in the court of public opinion, said Lauren Hitt, who is managing the public side of the campaign for Philadelphia.

«Seeking the opinion of the Supreme Court of Canada can move the Trans Mountain project forward,» he said.

In any case, Giuliani's admission is more evidence that as Robert Mueller's team closes in on the Oval Office, Trump has decided to double down on litigating the president's scandals in the court of public opinion.

In March of 2016, the District Court agreed with Walmart and in a 109 page opinion stated, «Puerto Rico's AMT, on its face, clearly discriminates against interstate commerce.»

As the world watched Facebook hauled before the court of public opinion over the Cambridge Analytica scandal, the sense of...

Over the last three weeks or so, the Delaware Court of Chancery has issued three opinions of over 100 pages each in as many weeks, with one of those three being over 200 pages in length.

An opinion of counsel, however, is not binding on the IRS or on the courts, and does not preclude the IRS from taking a contrary position.

Indeed, three justices in a deciding opinion recently asserted rather imperial authority, suggesting that the Court properly may instruct the public to defer to its resolution of a divisive issue and to follow loyally the path it has marked.

To try and re-elect an Alabama Supreme Court Chief Justice who has proven in the past that he thinks his opinion is above the laws of the state and has already been removed from the office once for his actions is disgraceful.