Sentences with phrase «opinion provided to the court»

Advocate General Juliane Kokott has said in an opinion provided to the Court that statistics showing different risks for the two sexes can not justify different treatment of men and women because they do not demonstrate fundamental differences between the sexes.

Not exact matches

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.

After the opinion has been released, the teacher should provide the student attorneys an opportunity to ask questions of the court.

The scathing 61 - page opinion issued this month by Judge Doris A. Smith of Commonwealth Court slapped down almost every argument offered by the district and ruled that it had failed to desegregate or to provide poor...

In a unanimous opinion, the Supreme Court ruled that the State's plan to fully fund basic education will provide enough resources to meet its constitutional responsibility, but the Court also ruled that the legislature's timeline for achieving full funding takes too long.

«It is crucial for a democratic society to provide all of its schoolchildren with fair access to an unsegregated education,» Ellen A. Peters, then chief justice of the state's High Court, wrote in the majority opinion in July 1996.

In a unanimous opinion, the Supreme Court rejected the notion that schools only need to provide «merely more than de minimus» education programming.

An appeals court opinion found that the horses suffered pain due to the defendants» failure to provide adequate food.

In his opinion, Justice Antonin Scalia wrote that the evidence provided to the Court showing that violent video games had an effect on aggression in children also showed that similar effects had been found in children shown Bugs Bunny cartoons.

One of the most recent examples of this for U.S. law is Casetext, a site that provides free access to court opinions and then uses crowdsourcing to add descriptions and annotations to the cases.

I wrote not long ago about Casetext, a new legal research site that provides free access to court opinions together with a platform for crowdsourcing references and annotations.

CSA 1991, s 40 (3) provides for disposal by the magistrates: «If, but only if, the court is of the opinion that there has been wilful refusal or culpable neglect on the part of the liable person it may (a) issue a warrant of commitment against him...», ie send him to prison.

Even though this opinion could seem at first disappointing for those who were expecting the AG to condemn PNR schemes, it appears that this «implicit acceptance» of PNR schemes follows the general principles created by the Court but simply innovates and addresses the new issues that had not been addressed so far with more consideration for the necessity to provide for effective tools to fight terrorism and serious crime.

The blawg summarizes and provides links to recent opinions by the Board of Immigration Appeals, federal district and appeals courts, and the U.S. Supreme Court.

If it is from the court, then why does it provide links to Supreme Court opinions posted at the Legal Information Institute instead of the opinions posted on the court's own official court, then why does it provide links to Supreme Court opinions posted at the Legal Information Institute instead of the opinions posted on the court's own official Court opinions posted at the Legal Information Institute instead of the opinions posted on the court's own official court's own official site?

That, roughly speaking, is the idea behind Casetext, an innovative legal research site launched this week that provides free access to court opinions together with a platform for crowdsourcing references and annotations.

I would qualify this final statement with the opinion that the mere act of providing a binding interpretation of EU law on the basis of the questions asked to it by the District Court would not in itself be to err, which is all that the Court «has been asked to [do]» at this stage.

According to the court's opinion enforcing a two - year suspension [pdf], Ms. Guste provided legal services to prepare a power of attorney and represent her client in the matter of a hit - and - run accident.

If the parents are unable to resolve their differences through mediation, the court may appoint a third person, such as a psychologist experienced in working with divided families, to evaluate the case and provide an expert opinion regarding the most appropriate custody and parental access orders.

While most of the curriculum at Harvard during this time consisted of lecture and student recitation, skills development was also provided in the form of weekly moot courts, during which students argued questions of law before professors and submitted occasional written disputations on legal subjects.121 Although Stearns had previously used moot courts in his teaching at Harvard, Story and Ashmun refined them.122 Cases were handed out the week before argument, and two counsel were assigned to each side.123 The cases would then be argued the next Friday, with the other students taking notes of the argument; the professor in charge that week would issue a written opinion.124

Prior to joining Haynsworth Sinkler Boyd, he served as a Judicial Clerk to the Hon. Joseph F. Anderson, Jr., Federal District Court for the District of South Carolina where he prepared briefs and memoranda in preparation for judicial determination, provided research assistance, and drafted opinions and orders on a wide array of legal issues.

Our lawyer will also hire reconstruction engineers who can use details you provide to «reconstruct» the accident scene scientifically and later provide an opinion in court.

On the other hand, the articulation of competing viewpoints contributes to the wisdom and richness of a court's opinions which, in turn, provide justification and respect for the binding nature of its judgments.

Based on the decisions of the courts in Alberta and British Columbia, solicitor - client privilege is not waived when an opinion provided by a lawyer to one party is disclosed, on a confidential basis, to other parties with sufficient common interest in the same transactions.

The practice center's main page includes federal and state court opinions related to e-discovery, federal and state rules and laws related to e-discovery, news and law reports, and BNA's E-Discovery Portfolio series, which provides an entry point to resources such as practice guides, books and treatises, and law reviews, as well as specific guidance on such issues as understanding and preventing spoliation.

He admitted that it bothered him that this decision may have already elevated their status beyond what current legislation provides and he complained — most justifiably, in this writer's opinion — that the British Parliament seems «quite incapable of dealing with such potentially controversial moral matters as reform of the divorce system,» leaving the courts to keep up with the «ever - changing Zeitgeist.»

It replaces the common law defence of «fair comment» with the statutory defence of «honest opinion», and takes a potshot at «libel tourism» by providing that the courts should not deal with actions brought against non-UK or non-EU residents unless satisfied it is appropriate to do so.

is designed to provide reporters, lawyers, educators, and the public with prompt, accurate, unbiased information about newsworthy and legally significant cases pending in and decided by the Federal Courts of Appeals... Use this Web site to find short summaries of recent opinions of public interest and noteworthy cases pending oral argument.

A newly launched website, The Free Law Reporter, provides free access to a searchable index of recent federal and state court opinions.

In my experience, judges and lawyers in the lower courts know exactly what to do with concurrences in Supreme Court opinions that don't provide the crucial vote.

For example, the Cornell's LII provides access to a fully searchable archive of federal court opinions, a topical index of state statutes by topic, and access to a comprehensive legal encyclopedia.

However, the Court of Appeal went on to explain why a nominal amount should be awarded if no medical opinion is provided:

While it is again for national courts to evaluate whether the safeguards provided for by national law are sufficient, the AG does not hide his opinion that both the Swedish and the UK regime reveal a number of deficiencies in this respect (§ § 230, 233 and 239).

To sum up: a thought provoking judgment that unfortunately doesn't entirely live up to the promise that the «very specific questions from the referring court -LRB-...) provide an opportunity for the Court of Justice to clarify its most significant judgments on the matter in regard to Articles 6 (1), 22 (4) and 31 -LRB-...)» (Opinion AG Cruz - Villalon, paTo sum up: a thought provoking judgment that unfortunately doesn't entirely live up to the promise that the «very specific questions from the referring court -LRB-...) provide an opportunity for the Court of Justice to clarify its most significant judgments on the matter in regard to Articles 6 (1), 22 (4) and 31 -LRB-...)» (Opinion AG Cruz - Villalon, pato the promise that the «very specific questions from the referring court -LRB-...) provide an opportunity for the Court of Justice to clarify its most significant judgments on the matter in regard to Articles 6 (1), 22 (4) and 31 -LRB-...)» (Opinion AG Cruz - Villalon,court -LRB-...) provide an opportunity for the Court of Justice to clarify its most significant judgments on the matter in regard to Articles 6 (1), 22 (4) and 31 -LRB-...)» (Opinion AG Cruz - Villalon,Court of Justice to clarify its most significant judgments on the matter in regard to Articles 6 (1), 22 (4) and 31 -LRB-...)» (Opinion AG Cruz - Villalon, pato clarify its most significant judgments on the matter in regard to Articles 6 (1), 22 (4) and 31 -LRB-...)» (Opinion AG Cruz - Villalon, pato Articles 6 (1), 22 (4) and 31 -LRB-...)» (Opinion AG Cruz - Villalon, par.

Michele discusses the AG's Opinion in this important case which provides the opportunity for the Court to expand on its autonomous understanding of ne bis in idem.

The Free Law Project, a non-profit dedicated to providing free, public access to primary legal materials, has announced plans to download all of the free opinions and order available on PACER, the federal courts» system for electronic access to court records.

Check it out: Bill Heinze recommends «Patent Pod,» which he says claims to provide «recent opinions of the U.S. Supreme Court and federal circuit courts that affect patent laws in an understandable digital - audio medium.»

In order to protect courts of law and administrative tribunals, a principle of deliberative secrecy applies to shield those decision - makers from having to make transparent or provide information in regards to the intellectual or other process by which they may have arrived at their decision except as may stand on the record within their reasons for judgment or opinion.

In the opinion of the Vilnius Regional Administrative Court, a petitioner, such legal regulation means that the persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great - grandchildren, provided that said persons, their children, grandchildren or great - grandchildren have repatriated, are not considered as citizens of the Republic of Lithuania.

IMEs are often obtained by both the claimant and ICBC during the litigation process, the purpose of which is to have independent doctors provide the parties, and ultimately the Court, with an impartial expert opinion on the claimant's injuries.

The Texas Supreme Court issued a major e-discovery opinion this week, using a discovery dispute between homeowners and their insurer State Farm Lloyds to provide broad guidance for Texas litigants and judges on how to resolve disagreements over the form of production of electronically stored information.

The Federal Circuit's In re Micron Tech opinion that TC Heartland changed the law controlling proper venue in patent cases provides an opportunity for patent defendants to challenge venue even if they failed to raise it before the Supreme Court issued its TC Heartland opinion.

The CA helps parents seeking the return of a child to obtain legal services; provides the local court with information on the Convention; gets periodic updates from the court; processes requests for background checks on the child from the child's country of habitual residence (see Habitual Residence); obtains a written opinion on the wrongfulness of the alleged violation from the country of habitual residence; may ask a local social welfare agency to investigate child's welfare.

«For expert opinion to be admissible it must be able to provide the court with information which is likely to be outside a judge's or a jury's knowledge and experience, but it must also be evidence which gives the court the help it needs in forming its conclusions.»

Article 34 provides that «any court or tribunal in an EFTA State» «may, if it considers it necessary to enable it to give judgment, request the EFTA Court to give» an advisory opinion on the interpretation of the EEA Agreecourt or tribunal in an EFTA State» «may, if it considers it necessary to enable it to give judgment, request the EFTA Court to give» an advisory opinion on the interpretation of the EEA AgreeCourt to give» an advisory opinion on the interpretation of the EEA Agreement.

Fundamentally, the role of the expert witness is to provide technical analysis and opinion which will assist the court in reaching its decision.

Responding to a suggestion made by the Crown Court, the parties agreed jointly to instruct a psychiatrist to provide an opinion on the reliability of B's evidence.

That rule — which requires expert witnesses to, among other things, back up their medical opinion with facts and research — applies only to litigation witnesses who were hired by parties to provide opinion and not participant witnesses like treating physicians, the court found.

This paper starts by assuming that judges are generally risk averse with respect to reversal, and that they provide opinions when they believe that their work will be reviewed by a higher court.

The site lists pending and prior - term cases, with a story on each case, additional feature stories on selected cases, links to Web sites relevant to the cases, information provided by attorneys and parties in the cases, the dates for scheduled oral arguments, the questions presented to the court, names of the attorneys in the cases, and citations for the lower court opinions.