Sentences with phrase «prior orders of the court»

Not exact matches

The president then alleged that Obama bypassed a court rejection in order to carry out the wiretapping, before suggesting that a «good lawyer could make a great case out of the fact that President Obama was tapping my phones in October, just prior to Election!»

Prior to ordering split custody, the court would inquire as to how one parent can financially assist the other parent, such as making a consideration of increasing child support payments.

A California family court can order a parent or third party seeking custody or visitation of a child to undergo a drug test for illegal drug use, prior to making a custody determination.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

Among the provisions, the law would empower Child or Adult Protective Services to seek a court order to enter premises to investigate claims of abuse if access is denied by the homeowner; allow Child Protective Services to share information about prior abuse with Adult Protective Services; and make it a Class A misdemeanor to deny Child or Adult Protective Services access to an alleged victim for an interview.

Mixed race suspects were more likely to be sent to court than given a police disposal; Black and mixed race defendants were more likely to be remanded in custody prior to their hearing date; Black defendants had a higher chance of being acquitted than white ones, suggesting that different standards of evidence may be applied to cases involving different groups of defendants; Mixed race teenagers were more likely than others to be given a (more serious) community sentence than a (less onerous) first tier penalty or referral order.

In order to replace retiring Chief Judge Jonathan Lippman and avoid a vacancy for the next court term, the governor would have to nominate a candidate, and the full Senate would have to return to Albany prior to the start of the 2016 session.

Prior to that, in 1976, Buffalo teachers went on strike during the first phase of a court - ordered desegregation program.

A debtor can not file under chapter 12 (or any other chapter) if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens.

Discharge with respect to student loan indebtedness only available where (1) discharged bankrupt ceased attending school seven years prior to filing for personal bankruptcy, or (2) once a discharged bankrupt has been out of school for five years after the date of filing for bankruptcy a debtor can apply for a court - ordered discharge of their student loan debt

The court may order a delay pending the outcome of a criminal investigation, or a breach of your duties as specified in the Bankruptcy and Insolvency Act, or due to a prior bankruptcy.

No provision of a marital property agreement, unilateral statement under Section 766.59 of the Wisconsin Statutes, or court order under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

(i) A judge of a superior court may order the return of the deposit prior to the expiration of two years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit or order the Secretary of State to retain the deposit for a sufficient period beyond the two years specified in subdivision (g) to resolve outstanding claims against the deposit account.

Another Oregon bill that was passed in that same session allowed courts to order forfeiture of abused animals prior to the disposition of a criminal case.

For example, prior to the implementation of PPOs by the Courts Act 2003, consideration of their precursor, structured settlements (which could not be ordered by the Court as the regime was consensual), was greatly assisted by such an arrangement.

While Judge Voss did not elaborate on the infringement finding and on the reasons for which his court ordered a stay, I remember from the trial that the key prior art reference cited by Apple was a version of the UMTS specifications that predated the filing of Samsung's patent application.

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.

[16] Thus, the issue is framed — can a defendant or third party who has not obtained a doctor's report by compulsion of a court order, and prior to disclosure of any medical - legal reports by the plaintiff or in the absence of any reports, obtain access to the non-treating doctor's notes and clinical findings, or are said notes and clinical records privileged as forming part of the brief of the plaintiff's solicitor until the time when the plaintiff chooses to rely on the non-treating doctor as a witness at trial and the doctor's notes must be disclosed...

Carefully review the initial search results from litigation and docket searches prior to ordering potentially expensive copies of pleadings and court filings.

In short — and with the father's history of being unjustifiably litigious and yet unwilling to comply with prior orders — the court refused to cut the father any slack.

If there is a risk that a party may remove the child from Japan prior to the end of the case, a court may rule that the child must remain in Japan until a decision has been rendered (a ne exeat order).

The Supreme Court has previously clarified that fee awards are available regardless of whether the prevailing party is the plaintiff or defendant; generally, however, the copyright owner must have registered the work with the US Copyright Office prior to the infringement in order to be eligible to recover fees.

Prior to joining the Firm, Janelle served as a judicial law clerk for Honorable Judge William Hughes, Hamilton County Superior Court in Indiana where she performed legal research in the preparation of memoranda, opinions, or orders for Judge Hughes concerning various cases before him.

I have long assumed that the habit of including requests for procedural relief in South Carolina family court pleadings was due to the prior version of Family Court Rule 25, which encouraged the informal exchange of information but did not mandate formal discovery in family court proceedings unless stipulated to by the parties or ordered by the ccourt pleadings was due to the prior version of Family Court Rule 25, which encouraged the informal exchange of information but did not mandate formal discovery in family court proceedings unless stipulated to by the parties or ordered by the cCourt Rule 25, which encouraged the informal exchange of information but did not mandate formal discovery in family court proceedings unless stipulated to by the parties or ordered by the ccourt proceedings unless stipulated to by the parties or ordered by the courtcourt.

In particular, with regard to Article 15 on the detention of irregular migrants prior to their removal the Court has so far explained how the period of detention should be calculated and when there is a «reasonable prospect of removal» (Kadzoev); it has precluded the incarceration of irregular migrants during the return process on the sole ground that they remain on the territory of a Member State even though an order to leave exists (El Dridi), and it has attempted to strike a balance between the right to be heard and the efficiency of the administrative procedure to extend the period of detention (G & R).

Prior to these amendments, the criminal court could only make a restraining order under PHA 1997 where a defendant was convicted of an offence under PHA 1997, ss 2 or 4.

«matrimonial cases were different from ordinary civil cases in that the binding effect of a settlement embodied in a consent order stems from the court's order and not from the prior agreement of the parties... in family proceedings there is always a duty of full and frank disclosure, whereas in civil proceedings this is not universal».

By order dated April 4, 2017, the Michigan Supreme Court recently ruled to let stand a prior victory achieved in the Michigan Court of Appeals in the matter of Boladian et al v. Thennisch, et al, Unpublished Mich..

Attis represents important appellate Court guidance for the class action bar as, prior to Attis, certain decisions, most notably Poulin v. Ford Motor Co. of Canada, earmarked class counsel as a potential payment source for defendants in situations where the plaintiffs were unwilling or unable to cover costs ordered against them.

Trial — Order of calling witnesses — Defence announcing intention to call witness other than accused prior to calling accused — Trial Judge stating that he would not consider the evidence of accused «too strongly» if accused allowed to sit in Court - room and listen to other witnesses first — Whether improper judging of weight of evidence before all evidence produced.

Victory Upheld in Defense of Lawyer for Phillip E. Seltzer, C. Thomas Ludden and Samantha Heraud By order dated April 4, 2017, the Michigan Supreme Court recently ruled to let stand a prior victory achieved in the Michigan Court of Appeals in the matter of Boladian et al v. Thennisch, et al, Unpublished Mich..

In R (E) v Governing Body of JFS [2009] UKSC 15, [2010] 1 All ER 319 the Supreme Court held that the Race Relations Act 1976 did not only prohibit discrimination on grounds of ethnic origin as defined by the wide cultural / historic test in Mandla v Dowell Lee [1983] 2 AC 548, [1983] 1 All ER 1062, but also in the narrower, more traditional sense of lineage or descent — indeed, prior to Mandla a narrow test based on birth or descent would have been required in order to establish discrimination on ethnic origin grounds.

(c) Until 1972 the courts made no attempt to narrow the circumstances in which it would be proper for a judge to exercise his jurisdiction to reverse his decision prior to the sealing of the order.

The term of the lease was from 1 January 2003 to 28 September 2004 and prior to the grant of the lease, which was made before the amendments to LTA 1954 described above came into force, the parties applied for and obtained an order from the county court excluding the provisions of LTA 1954.

Prior to amendments to LTA 1954 which came into force on 1 June 2004 (when a new s 38A was inserted into LTA 1954) it was necessary for the parties to apply to the court for an order authorising an agreement which excluded the security of tenure provided by LTA 1954, sub-s 38 (4), now repealed.

Where the reasons for his decision were allegedly inadequate, a party should generally invite him to consider whether to amplify them before complaining about their inadequacy in the Court of Appeal and he had an untrammelled jurisdiction to amplify them at any time prior to the sealing of his order: T (a child: contact), Re [2002] All ER (D) 372 (Oct).

Parenting coordination provides an alternative dispute resolution process whereby an impartial third person called a parenting coordinator assists the parties in developing or implementing their parenting plan by facilitating the resolution of disputes in high conflict cases, providing education and making recommendations to the parties, and, with the prior consent of the parties and approval of the court, making limited decisions within the scope of the order of referral.

There was no mention of any of the prior case law that had been consistently followed by lower courts in recent years that required termination provisions to mention benefits in order to be enforceable.

Regina v. M.S. (2012) Application by complaint for a section 810 restraining order / peace bond against Mr. M.S. (former husband of the complainant) due to allegations of criminal harassment and threaten bodily harm, withdrawn prior to the hearing in the Ontario Court of Justice.

• A prior record of failing to comply with bail or court orders.

In a recent Ontario decision, the court grappled with the interesting question of when it might be appropriate to terminate a prior order for indefinite spousal support.

Court of Appeal's jurisdiction to reconsider its own judgment prior to issuance of its order — Eftimovski v. Faris, 2006), 38 R.P.R. (4th) 49 (Ont.

there are new facts that have arisen since the prior order or that were «unknown» to the court at the time of the prior order, and a change of circumstances must have occurred in the circumstances of the child or his custodian; and

The claimant in Easton invited the court to include, as a term of the order for production, an order that documents in the hands of ICBC that would have been privileged in the prior actions should also be disclosed.

Prior to the trial, the family law attorney representing the fathers asked KWIKA founder Michael Kump to represent the fathers in the Court of Appeal in order to challenge a jurisdictional ruling made in the trial cCourt of Appeal in order to challenge a jurisdictional ruling made in the trial courtcourt.

If the information about the history of the unit that is contained in the public record is adequate to enable a prior claimant to trace it, and to establish their prior right, a court would be obliged to order its return to its prior owner.

A-15-04 (New Jersey Supreme Court, June 28, 2005): A divorce court may order the sale and distribution of proceeds from the sale of marital property prior to the final judgment of divorce under a statute that provides the court may make such order as to alimony or maintenance of the parties as circumstances render fit, just, and reasonCourt, June 28, 2005): A divorce court may order the sale and distribution of proceeds from the sale of marital property prior to the final judgment of divorce under a statute that provides the court may make such order as to alimony or maintenance of the parties as circumstances render fit, just, and reasoncourt may order the sale and distribution of proceeds from the sale of marital property prior to the final judgment of divorce under a statute that provides the court may make such order as to alimony or maintenance of the parties as circumstances render fit, just, and reasoncourt may make such order as to alimony or maintenance of the parties as circumstances render fit, just, and reasonable.

The court, tackling choice of law rules to determine applicable state law to analyze the preclusive effect of the prior court decisions, embraced the notion that «nationwide uniformity in the substance of the matter is better served by having the same - preclusive rule (the state rule) apply whether the dismissal ordered by a state or a federal court... [Thus, the court adopts] the law that would be applied by state courts in the State in which the federal diversity court sits.»)

(3) If a court, prior to April 11, 1991, issued an order granting parenting time rights to a parent who is not the residential parent and did not require the residential parent in that order to give the parent who is granted the parenting time rights notice of any change of address and if the residential parent files a notice of relocation pursuant to division (G)(1) of this section, the court shall determine if the parent who is granted the parenting time rights has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child.

Violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree.