Sentences with phrase «placed upon this court»

The number of obscenity cases on our docket gives ample testimony to the burden that has been placed upon this Court.

Not exact matches

This month a hundred million Americans will watch a United States Supreme Court Justice once again ask a President - elect to place his hand upon a Christian Bible and swear an oath of allegiance to the Constitution of the United States.

I hope, to improve upon my fourth - or fifth - place (from the bottom) finish and, more important, to enhance my record on the tennis court.

Upon his fresh arraignment which took place on 28th December 2016 Fagboyinbo made the court to know that «Adesina Olajide on the 19th of October 2016 at about 12 mid night, at Ofatedo area in Osogbo did break and entered into dwelling house of Egunlola Adewumi Christiana with intent to commit felony and stealing and thereby committed an offence contrary to and punishable under section 411 (1) of the criminal code 34 vol.

She did that all year round on the court against her contemporaries, leaving you to question whether this exhibition event was worthy of such celebration the filmmakers placed upon it.

However, apparently many districts throughout Colorado use a state - developed and endorsed model to evaluate their teachers, but Denver uses its own model; hence, this would likely take some of the pressure off of the state, should this end up in court, and place it more so upon the district.

Because Congress passed Title VII out of a profound distrust of events taking place across the bargaining table — a concern which has been buttressed by the record of many unions in the federal courts since 1965 — the presumption in these cases should be that the bargaining agent is not doing its best to eradicate discrimination, and the burden should rest upon such a labor organization to show otherwise.

These rules are still in place for now, but may be substantially weakened or overturned completely depending upon the outcome of the appeal process to a recent DC Circuit Court decision.

When upon stopping a person under circumstances prescribed in subdivisions one and two a police officer or court officer, as the case may be, reasonably suspects that he is in danger of physical injury, he may search such person for a deadly weapon or any instrument, article or substance readily capable of causing serious physical injury and of a sort not ordinarily carried in public places by law - abiding persons.

The rationale is set out in pragmatic terms in Ursula Becker v Finanzamt Münster - Innenstadt [1982] CJEU (Case 8/81) as follows: `... in cases in which the Community authorities have, by means of a directive, placed Member States under a duty to adopt a certain course of action, the effectiveness of such a measure would be diminished if persons were prevented from relying upon it in proceedings before a court....»

The author, a judge on the United States Court of Appeals for the District of Columbia Circuit, addresses the audiences for opinions and explains judges» use of rhetoric in judicial opinions as a tool to stay within the constraints placed upon them by law, yet have some room to develop the law in certain ways.

Following a landmark decision by the Supreme Court in the appeal of Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, changes to all employment contracts in the UK may take place.

While this case «was still in the Superior Court, there is a real possibility that future intrusion upon seclusion cases will be before the Small Claims Court, which makes sense in view of the damages limits placed on such claims by the Court of Appeal,» he says.

(1) the inability to set rates of compensation «would unduly weaken the courts» appointment power and ability to name an amicus of their choosing» (para 123); (2) «the integrity of the judicial process would be imperilled» and should not be dependent upon the Crown (para 124); and (3) «the Attorney General's unilateral control over the remuneration of amici curiae might create an appearance of bias and place amici themselves in an unavoidable conflict of interest» (para 125).

As the court notes: «The duty and standard of care are moving targets depending upon when the class member owned the property and when the alleged exposure took place.

Legal principle must try «to keep the law abreast of the society in which [the judges] live and work»: «If the law should impose upon the process of «growing up» fixed limits where nature knows only a continuous process, the price would be artificiality and a lack of realism in an area where the law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the courts should establish a principle flexible enough to enable justice to be achieved by its application to the particular circumstances proved by the evidence placed before them.»

As consumers get more and more fed up with Google's «Zombie Traffic» and new algorithms that «improve» search, and place the businesses the consumers were searching for into bankruptcy court, in favor of directories like Yelp and Findlaw, attorneys are scrambling to find a legal type of search engine based upon the original link / vote based system that made Google great.

Second, Prescribing the terms upon which amendments will be allowed or unnecessary counts and statements stricken from the record; discouraging negligence and deceit; preventing delay; securing parties from being misled; placing the party not in fault as nearly as possible in the condition in which he would have been if no mistake had been made; distinguishing between form and substance; and substituting fixed and certain requirements for the discretion of the court.

While deciding HRC Shipping case, the learned court had drawn upon the reasoning used in the landmark Indian case, Bhatia International v Bulk Trading SA [3], where the Court held that the Act itself did not state that it would not apply if the place of arbitration is not in Bangladesh or that it would apply only if the place of arbitration is in Banglacourt had drawn upon the reasoning used in the landmark Indian case, Bhatia International v Bulk Trading SA [3], where the Court held that the Act itself did not state that it would not apply if the place of arbitration is not in Bangladesh or that it would apply only if the place of arbitration is in BanglaCourt held that the Act itself did not state that it would not apply if the place of arbitration is not in Bangladesh or that it would apply only if the place of arbitration is in Bangladesh.

In addition to the obvious stress and burden on the teacher, the legal and other expenses of the ATA for such a minor infraction are enormous and has placed demands upon Alberta's overburdened courts for judicial review and appeal.

Section 24 (5) of the Adoption and Children Act 2002 — «where (a) an application for the revocation of a placement order has been made and has not been disposed of, and (b) the child is not placed for adoption by the authority, the child may not without the court's leave be placed for adoption under the order» — applies only where a substantive application for the revocation of a placement order has been made, ie the applicant, having got over the leave hurdle, is making a substantive application which, consequent upon the grant of leave, would be likely to have been perceived as having a real prospect of success.

The Chief Judge noted that «it is especially telling that the Supreme Court rejected a stay of proceeding based upon the prospect of additional rulemaking... [and] such a possibility does not insulate the Defendants from challenges to the original rule while the original rule remains in place.»

In conclusion, the Court held that the Appeals Officer's ruling «demonstrated sensitivity to preserving the broad nature of the employer's obligation to ensure health and safety of its employees without placing obligations upon the employer that the latter would be unable to fulfill.»

That court determined that the case was «based upon» the sale of the Eurorail pass, and that the agency relationship between the U.S. - based travel agent and OBB placed the case squarely within the «commercial activity» exception.

Add to this the heightened expectations from courts, tribunals and adjudicators, and you may feel overwhelmed by all the demands placed upon you.

Because custody decisions are based upon the weight the trial judge places on sixteen listed factors and a seventeenth catch - all factor, and because so much of the weighing of these factors can be based on the judge's credibility determinations, appellate courts are typically reluctant to overturn the trial court's custody determinations.

Best had been convicted in 2010 in his absence upon the provably fabricated evidence, deliberate written and oral lies placed before the court by corrupt Toronto lawyers Lorne Silver and Gerald L. Ranking of the Cassels Brock and Fasken law firms.

R (Buckinghamshire County Council) v Kingston - upon - Thames Royal London Borough Council [2011] EWCA Civ 457, [2012] PTSR 854 (High Court and Court of Appeal) Jonathan represented Buckinghamshire on a challenge to a lack of consultation before another local authority placed an individual in receipt of community care services in its area.

In DH v TH, Justice Lee also remarked upon the fact that other proceedings were before the courts in both jurisdictions — a parenting application brought by the husband under Alberta's Family Law Act, SA 2003, c F - 4.5, and the husband's action to place a lien on the matrimonial home under BC's Family Law Act.

This places extra burdens upon the plaintiff to both start their claim and to argue it in court.

All collision investigators are fully aware that their principal duty is to prepare a Court compliant report which is impartial to all of the parties CRIMINAL INVESTIGATIONS involved and not dependent upon the person placing the instructions or paying the professional fees.

(1) the inability to set rates of compensation would unduly weaken the court's appointment power and ability to name the amicus of its choice (para. 123); (2) the integrity of the judicial process would be imperilled and should not be dependent upon the Crown (para. 124); and (3) unilateral control by the Attorney General over remuneration might create an apprehension of bias and place an amicus in a conflict of interest (para. 125).

Charles J decided that because of a familiar bone fragility and the parent's ability to discharge the evidential burden of possible accidental injury, there was insufficient evidence to satisfy the threshold criteria, commenting at para 155: «If parents impress a court... as credible witnesses... that is a factor in the overall factors to be taken into account which effectively reverses the degrees of likelihood placed upon the likely causative event identified by medical experts.»

Also, more legalistically, the court declined to comment on the correctness of Nelson v Carillon Services [2003] EWCA Civ 544, [2003] IRLR 428 (on burden of proof) and Armstrong v Newcastle upon Tyne NHS Trust [2006 -RCB- IRLR 124, [2005] All ER (D) 341 (Dec)(on when an obligation to justify arises in the first place).

The court noted that the secretary of state in these provisions is the same one upon whom obligations are placed by NHSA 2006, s 3.

It applied, without notice, to the High Court for an interim declaration, and associated injunction, that it would be lawful for it to remove S to hospital and to place restrictions upon his wife's contact with him there.

The Magazine contains an interesting interview with US Supreme Court Justice Ruth Bader Ginsburg («The Place of Women on the Court» by Emily Bazelon), which prompted one of those chains of associations that can entrain you when you've the Times to draw upon.

This decision of the Court of Appeal demonstrates the sea change that has taken place in Canada with respect to the stay of actions based upon arbitration agreements.

WILL DAVIDSON LLP lawyers not only manage these claims, but also regularly take them to trial, relying upon the most up - to - date technology and court room techniques, our lawyer are supremely well - placed to defend our clients» interests.

The attention of the court was directed to this statute at the last term, but counsel having expressed a desire to be heard in argument upon its effect, and the Chief Justice being detained from his place here by his duties in the Court of Impeachment, the cause was continued under advisecourt was directed to this statute at the last term, but counsel having expressed a desire to be heard in argument upon its effect, and the Chief Justice being detained from his place here by his duties in the Court of Impeachment, the cause was continued under adviseCourt of Impeachment, the cause was continued under advisement.

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