In the case of an infant's claim, any settlement must be approved by the Public Guardian and Trustee, and in the case of settlements over $ 50,000, the Public Trustee reviews the proposed settlement and makes
recommendations to the Court as to the appropriateness of the settlement, including any legal fees if the infant has a lawyer, and the Court makes the final decision on the matter.
If the settlement is more than $ 50,000.00, however, the Public Guardian and Trustee makes
a recommendation to Court as to whether or the settlement should be accepted.
If you are engaged in a recommending mediation, should you and your ex-partner not come to an agreement regarding your children, the mediator will make
a recommendation to the court as to what would be in the best interests of your child (ren).
Not exact matches
As mentioned above, Delaware
courts have not directly addressed the extent
to which restrictions agreed between parties
to a merger agreement that limit a target board's ability
to change its
recommendation are inconsistent with directors» fiduciary duties.
Judge Neely asks this
Court to heed Ms. Anderson's words, reject the Commission's
recommendation to expel her from her profession, and allow her
to continue serving her community with excellence
as she has done for more than two decades.
The memo, which was circulated
to prison governors on November 26th, reads: «The criminal casework directorate (CCD) of the Border and Immigration Agency have confirmed
to us that
as a rule they have no interest in pursuing foreign national prisoners serving sentences of less than 12 months for deportation unless they have a
court recommendation for deportation, are already subject
to deportation proceedings, or (in the case of non-EEA nationals) were sentenced
to less than 12 months but where the current sentence plus one or two previous sentences within the last five years (taking account of the most significant sentences during the period) total 12 months or more.»
(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are
to be elected county - wide in New York County, or which are
to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of
recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme
Court has been reported
as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered
as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme
Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election
to that office, or a vacancy which has been filled by an interim Supreme
Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel
to merit continuation in office), and such candidate shall not make application
to the panel during any of such years unless the Committee on the Judiciary shall require the candidate
to make such an application.
If the
court follows his
recommendation,
as it usually does, that would derail the countries» attempts
to block the plans.
February 16, 2015 (New York)--
As school districts, education leaders and New York's
courts debate the future of teacher tenure, Educators 4 Excellence — New York (E4E) members today issued a series of
recommendations to preserve job protections but make tenure designations more meaningful.
Well seems Jack Thompson might not be much of a problem in the near future, the Anti-Game Lawyer has reason
to be a little embarrassed this week
as The Florida Supreme
Court approved a
recommendation made by Judge Dava Tunis earlier this year, a
recommendation that Jack Thompson receive a permanent disbarment with no opportunity for reinstatement.
At sentencing, B.C. Supreme
Court Justice Elliott Myers asked the jury —
as the Criminal Code requires —
to provide a
recommendation on the period of parole ineligibility (between the minimum of 10 years and maximum of 25).
As the federal government moves
to limit judicial discretion in the sentencing of violent crimes, a recent decision from the British Columbia
Court of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the c
Court of Appeal has reasserted the
court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the c
court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing
recommendation to the
courtcourt.
For greater detail
as to how this «trial penalty» system works, see: (1) «The Triumph of Plea Bargaining,» (2011), 85 Criminal Reports (6th) 29; and, (2) «Plea Bargaining Is Sentencing,» (2009) 14 Canadian Criminal Law Review 55, particularly this exchange of comments between a Superior
Court Justice and the Crown, which clearly shows the presumptive power given the Crown's sentencing
recommendations (at p. 59):
The Sentencing Commission's report presents this data without making a
recommendation as to how the Supreme
Court should decide the issue.
As a commission created by the
Court, the ARDC investigates and prosecutes attorney misconduct cases and makes
recommendations to the
Court.
Accordingly, it will be the
recommendation of the undersigned Magistrate Judge that a nominal and equal sanction be imposed against Attorneys -LSB-...] with the sanctions
to be paid
to the Office of the Clerk within 60 days, provided however, that counsel can petition the
Court to set aside the monetary sanction by agreeing
to attend and successfully complete within the next year, a Continuing Legal Education («CLE») seminar approved by the
Court as hereinafter specified.
As Legal Feeds reported in March 2015, the
recommendations from the 2010 JCC report were implemented after the B.C.
Court of Appeal ruled that provincial court judges are entitled to raises based on the consumer price i
Court of Appeal ruled that provincial
court judges are entitled to raises based on the consumer price i
court judges are entitled
to raises based on the consumer price index.
Recently, based upon the
recommendation of the Supreme
Court's Committee on Professionalism, the Utah Supreme
Court appointed Tufts
to serve
as a mentor for the New Lawyer Training Program during its 2010inaugural year.
In 2010, based upon the
recommendation of the Supreme
Court's Committee on Professionalism, the Utah Supreme
Court appointed Mr. Tufts
to serve
as a mentor for the New Lawyer Training Program during its inaugural year.
As Justice McIsaac quoted, the Committee's rationale for this
recommendation insists... in the interests of encouraging the parties
to fully explore their case at a pre-hearing conference without prejudice
to their right
to subsequently litigate fully all unresolved issues in open
court, it is the Committee's view that the parties should, where either one thinks it appropriate, be able
to insist on a trial before a different judge.
Disagreements between the parents regarding these decisions are often resolved through mediation or use of a third person, referred
to as a Parenting Coordinator, who will investigate the dispute and issue a
recommendation to the
court to resolve the disagreement between the parents.
One of the
recommendations in the report
to improve the availability of legal assistance
to the poor was
to encourage performance of pro bono services, including the establishment of a guideline setting an amount of pro bono work that is appropriate and enactment of legislation
to enable government attorneys
to do pro bono work Progress was made in expanding the availability of assistance in the 1970s, but serious inadequacies continued
to exist
as recognized by the Supreme
Court of Florida in The Florida Bar v Furman:
[14] More particularly, she states that the ABA «wears two very different «hats,»» one when it is acting
as a trade group or a representative body of the legal profession, and the other, its «quasi-regulator» hat, when the ABA «endeavors
to put aside member self - interest, and provide fair and balanced
recommendations to regulators, knowing that the state
courts that are the true lawyer regulators rely heavily on
recommendations from the «quasi-regulator» ABA.»
On February 20, 1992 The
Court accepted the voluntary pro bono plan
as recommended by the Joint Commission and requested the Joint Commission propose rules
to implement the
recommendation The proposed rules were submitted
to the
Court in September, 1992 and the Board of Governors of The Florida Bar again expressed its opposition
to the reporting requirement The
Court entered its history - making ruling which adopted the revised Public Service Rule 4 - 6, Rules Regulating The Florida Bar, on June 23, 1993 After motions for rehearing and for clarification were filed, The
Court on February 3, 1994 made a clarification modification
to Rule 4 - 61 and added further explanatory information in the comment
to Rule 4 - 61, Rules Regulating the Florida Bar.
Another
recommendation is
to use non-lawyers
as court navigators, based on the New York program I described in the ABA Journal piece:
R (Barkas) v North Yorkshire County Council [2011] EWHC 3653 (Admin): the Administrative
Court upheld the report and
recommendation of Vivian Chapman QC sitting
as an inspector at a village green inquiry on a tricky point of prescription law, i.e. when will a landowner be able
to defeat an application
to register a new green on the ground that the public had a legal right of access
to the land, with the result that public use was not «
as of right» but «by right»?
As the text of that proposal plainly states, it would have rejected the rule of the Ker case.31 The failure
to adopt that
recommendation does not speak
to the issue the
Court decides today.
(12) If the complaint is against the Chief Justice of the Ontario
Court of Justice, an associate chief justice of the Ontario
Court of Justice or the regional senior judge who is a member of the Judicial Council, any
recommendation under subsection (8) in connection with the complaint shall be made
to the Chief Justice of the Superior
Court of Justice, who may suspend or reassign the judge
as the subcommittee recommends.
While the statute does not mandate that the governor appoint commission nominees, and its role is limited
to trial
court appointments, Governor Mark Dayton follows the commission's
recommendations and seeks its input for appellate
court vacancies
as well.
As published in the Scots Law Times earlier this year, David Sandison discusses the likely impact of the Scottish Government's response
to the
recommendations of the Scottish Civil
Courts Review.
She suggests that many of the concerns expressed in the report
as to the underuse of ADR are not relevant
to many larger, complex claims, and urges the working group
to tailor any final
recommendations to the specific
courts or dispute types for which the evidence suggests they are needed and practicable.
You have,
as ever, been supportive, reliable, efficient and mindful of costs through your sound advice and
recommendations which has all helped enormously
to reduce the stress that accompanies
court proceedings.
In a traditional divorce, Psychologists are used
as expert witnesses
to perform Custody Evaluations and then provide a written report or testify in
court regarding their
recommendation about the best custodial arrangement for the children.
A Parenting Coordinator's
recommendations, which are not agreed
to by the parties, may be submitted by the Parenting Coordinator
as a written report
to the
court for consideration.
IAALS encourages
court, legal, and broader community stakeholders
to view these
recommendations as blueprints for a coordinated response
to better assist self - represented litigants in family
court and a means through which
to fulfill this shared responsibility.
The key
recommendations of that Report includes: establishing an e-discovery work group; improving the preliminary conference; more e-discovery programs in Education and Training; more
court attorney referees serving
as e-discovery specialists, establishing an institutional presence at the Sedona Conference; and working harder
to improve the quality of E-Discovery practice.
In the event the parties are not able
to decide or resolve disputes on their own or with the suggestions of the Parenting Coordinator, the Parenting Coordinator is empowered
to make reports or
recommendations to the parties and the
court for further consideration
as set forth in section (E) below.
Lord Justice Jackson's
recommendations for CFAs included a proposal for levels of general damages
to be increased by 10 %, but it remains uncertain
as to how this will be implemented, and whether in practice this will impact on the large majority of cases settled out of
court.
Upon the filing of such a petition, the
court may take or direct such action
as it deems necessary
to determine whether the attorney is incapacitated, including referral of the matter
to the appropriate disciplinary board for hearing and
recommendation by a hearing panel or the examination of the attorney by qualified medical experts.
The
Court's decision in California State Teachers» Retirement System v. Alvarez — a suit brought on behalf of Wal - Mart Stores, Inc. — refused
to adopt the Delaware
Court of Chancery's
recommendation that,
as a matter of federal due process, a judgment in one derivative action should not bind the corporation or its stockholders in another derivative action unless either (i) the first action has survived a motion
to dismiss because a pre-suit demand on the corporation's board of directors would have been futile or (ii) the board has given the plaintiff authority
to proceed on the corporation's behalf by declining
to oppose the derivative suit.
For example, although homeless people were successful in their Charter claim in Victoria (City) v Adams, this judicial bias is evident even in that case — the first
to consider the relevance of international human rights law, including concerns and
recommendations from the CESCR,
to section 7 of the Charter.284 The BC
Court of Appeal in Adams upheld the trial judge's decision that the City of Victoria was violating homeless persons» constitutional rights
to life, liberty and security of the person by prohibiting them from erecting temporary overhead shelters in public parks.285 However the
Court of Appeal was insistent on framing its decision
as a negative «restraint» on government, rather than
as a positive obligation.
When it comes
to Canada, Estrin notes
recommendations such
as a dedicated international environmental
court would be impossible under the current federal government.
However, after the CJC
recommendations were adopted the judgments were written so
as to be more sensitive
to privacy concerns, and the
court resumed putting them on its site and sending them
to CanLII for publication.
- The general
court shall have the power
to act in relation
to cities and towns, but only by general laws which apply alike
to all cities or
to all towns, or
to all cities and towns, or
to a class of not fewer than two, and by special laws enacted (1) on petition filed or approved by the voters of a city or town, or the mayor and city council, or other legislative body, of a city, or the town meeting of a town, with respect
to a law relating
to that city or town; (2) by a two - thirds vote of each branch of the general
court following a
recommendation by the governor; (3)
to erect and constitute metropolitan or regional entities, embracing any two or more cities or towns or cities and towns, or established with other than existing city or town boundaries, for any general or special public purpose or purposes, and
to grant
to these entities such powers, privileges and immunities
as the general
court shall deem necessary or expedient for the regulation and government thereof; or (4) solely for the incorporation or dissolution of cities or towns
as corporate entities, alteration of city or town boundaries, and merger or consolidation of cities and towns, or any of these matters.
NTSI Now Offers a Florida BDI Course In Spanish Four Reasons
To Take This Course: To satisfy a court order Voluntarily to receive a reduction in violation points or insurance discount TCAC (Traffic Collision Avoidance Course) As an employer recommendation Details NTSI's Florida BDI course is now offered in Spanis
To Take This Course:
To satisfy a court order Voluntarily to receive a reduction in violation points or insurance discount TCAC (Traffic Collision Avoidance Course) As an employer recommendation Details NTSI's Florida BDI course is now offered in Spanis
To satisfy a
court order Voluntarily
to receive a reduction in violation points or insurance discount TCAC (Traffic Collision Avoidance Course) As an employer recommendation Details NTSI's Florida BDI course is now offered in Spanis
to receive a reduction in violation points or insurance discount TCAC (Traffic Collision Avoidance Course)
As an employer
recommendation Details NTSI's Florida BDI course is now offered in Spanish!
As Family Violence
Court Officer, presented information and recommendations to court after extensive investigat
Court Officer, presented information and
recommendations to court after extensive investigat
court after extensive investigations.
Recommendation 6: The Commonwealth, in conjunction with industry groups, consider providing additional pooled funding for emergency and unforeseen situations, such
as future act matters, litigation or
court proceedings; and that the OIPC develop guidelines and procedures that will enable funding
to be available in these situations in a timely fashion.
If you fail
to reach an agreement again, he will file a report with the
court, making
recommendations as to how a judge should decide custody.
A de novo hearing is a formal hearing conducted by a Beaver County Support Lawyer
to act
as a Hearing Officer who will issue a
recommendation to the Family
Court Judge based on the PA Child Support Guidelines or PA Spousal Support Guidelines.
In a traditional divorce, Psychologists are used
as expert witnesses
to perform Custody Evaluations and then provide a written report or testify in
court regarding their
recommendation about the best custodial arrangement for the children.