Sentences with phrase «rely upon the court»

Mr. Justice Moldaver relied upon the court's perception of the «science»... in reiterating a long held position that intoxication is not a defence to a general intent offence without referencing any recent empirical studies... By proceeding on this basis, the Court missed the opportunity to provide some rational basis for the general / specific distinction.

On both issues, I submit that Mr. Justice Moldaver relied upon the court's perception of the «science» behind these legal principles in reiterating a long held position that intoxication is not a defence to a general intent offence without referencing any recent empirical studies but instead merely citing the twenty - one year old Daviault case.

Not exact matches

«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.

The world's four largest states — the United States, Russia, China, and India — have not signed on as members of the court and can not be relied upon for help in apprehending those the court indicts.

The objection is raised that, in the absence of virtues, we must rely upon policies and court orders.

Senators Biden, Metzenbaum, and Kennedy, relying in part upon the «expertise» of the noted Harvard legal scholar Laurence Tribe, fashioned a lengthy laundry list of political and constitutional horrors that would presumably follow upon Bork's elevation to the U.S. Supreme Court.

The Court, if it had wished to rely upon Jefferson to determine the true and original intent of the First Amendment, could have served themselves and the American people well by referring to Jefferson's warning to Judge William Johnson regarding the de-ter-min-ation of the original intent of a statute or a con - st - itu - tion On every question of con - struc - tion, carry ourselves back to the time when the Con - st - itu - tion was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.»

Courts of law often rely upon such definitions in settling cases.

The Committee recommends that the jurisdiction of the Federal Magistrates Court be extended to enable it to deal with Misuse of Market Power (s. 46 and s. 46A where cases rely upon s. 83), Contravention of Industry Codes (s. 51AD) and Unconscionable Conduct (Part IVA).

After the sale of Xhaka and Håvard Nordtveit this summer, to Arsenal and West Ham, respectively, Germany international Christoph Kramer is now the played relied upon to hold court in midfield and effectively hold the team's formation together with his reading of the game and link - up work.

The judge therefore may rely upon recommendations of a court - appointed expert giving an impartial appraisal of custody matters.

We must also determine the significance of recent legislation, relied upon by trial court, which permits joint custody of children in dissolution cases.

The amendment clarifies the regulation the Appellate Court relied upon to reach its decision.

After listening to the committee, bank executives present informed the lawmakers that the court order vacating the earlier ones relied upon by the EFCC to close the accounts were not made available to them.

The first accused person, Muhammed Lawal Jauro's confessional statement which was corroborated by the second, Yusuf Sanni, was relied upon by the court to arrive at its verdict.

I believe that the case the court relied upon has nothing to do with the circumstances here.

«It is difficult to see how any safety case presented from now on that relies in any way upon the UK VPF, whether on the roads, the railways or in the nuclear industry, such as the new nuclear power station at Hinkley Point C in Somerset, could stand up to test in court.

In reaching this conclusion, the Supreme Court relied upon the experience in state court «adequacy» cases, citing Schoolhouses, Courthouses, and Statehouses: Solving the Funding - Achievement Puzzle in America's Public Schools, a recently released book by the authors of this Court relied upon the experience in state court «adequacy» cases, citing Schoolhouses, Courthouses, and Statehouses: Solving the Funding - Achievement Puzzle in America's Public Schools, a recently released book by the authors of this court «adequacy» cases, citing Schoolhouses, Courthouses, and Statehouses: Solving the Funding - Achievement Puzzle in America's Public Schools, a recently released book by the authors of this post.

Not in courting attention and relying upon hype to promote your work.

Even more strange, Oklahoma courts rely upon contract law to handle lost and found property.

The Bishop case is a useful guide to see what factors the Court relied upon to determine whether a landlord could be held liable for his or her acts of the tenant's animals.

The ultimate purpose of these lawsuits is to use the court system to halt or curtail what is otherwise legal oil and natural gas development, and to assign full blame for climate change on companies — despite the fact that we all rely upon oil and natural gas in daily life.

Third, the THS assumption is imbedded in all of the climate models that EPA still relies upon in its policy analysis supporting, for example, its Clean Power Plan - recently put on hold by a Supreme Court Stay.

After he successfully defended one such driver last year when the court ruled that the ticket had nothing to do with the statute being relied upon, that client turned into the lead plaintiff in a putative class action lawsuit that Jones recently filed attacking this type of enforcement.

[16] Mr. Forget relies upon the Supreme Court of Canada's comments in Clements v. Clements, 2012 SCC 32 (CanLII), [2012] 2 S.C.R. 181, at para. 8, where the Supreme Court of Canada reiterated that the test for causation remains the «but for» test.

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....»

In that decision, Katz v. United States, the Supreme Court finally repudiated Olmstead and the many decisions that had relied upon it and reasoned that, given the role of electronic telecommunications in modern life, the First Amendment purposes of protecting free speech as well as the Fourth Amendment purposes of protecting privacy require treating as a «search» any invasion of a person's confidential telephone communications, with or without physical trespass...»

«Legal researchers do not have to satisfy the world's hunger for information, they have to satisfy the court's expectation of presenting authoritative information that can withstand the challenges of a system that relies upon that authority to drive the decision it makes.»

One of the arguments put forward by the Court was that the Aarhus Convention could not be relied upon because it «was manifestly designed with the national legal orders in mind».

The court disagreed, stating that the employer was entitled to rely on the termination provisions that they had initially agreed upon with Ms. Moore.

In ClientEarth v Commission the Court reasoned once again that the Aarhus Convention could not be relied upon to invalidate EU secondary legislation.

The cases upon which the Court relies are not a uniform line of authorities leading inexorably to reversal of the Illinois judgment.

[29] Regardless of any temporal link, there is simply no medical opinion upon which the Court can rely in this case to establish on a balance of probabilities the necessary causal link between the Accident and Ms. Kabani's rheumatoid arthritis.

The trial and appeal courts over turned the transfers and distributed her estate equally as per her will on the basis of undue influence but the appeal over turned the portion of the judgement that allowed the brother to succeed on the basis that he relied upon the promise made by his sister, he took care of his mother for years, but the sister reneged on her promise to transfer to him her 1/3 of the house as she did not own it when she promised it.

The Court held, unanimously, that HM Treasury must disclose sufficient information to the Bank as to the basis for sanctions imposed by HM Treasury in 2011 and 2012 to enable the Bank to refute the essential allegations upon which HM Treasury relied, and so to comply with Article 6 of the European Convention on Human Rights.

The Court of Appeals, relying upon the case of Gilley v. Gilley, 327 S.C. 8, 488 S.E. 2d 310 (1997), held that when a prenuptial agreement divests the family court of jurisdiction over property distribution, the proper forum to seek enforcement is in the Circuit CCourt of Appeals, relying upon the case of Gilley v. Gilley, 327 S.C. 8, 488 S.E. 2d 310 (1997), held that when a prenuptial agreement divests the family court of jurisdiction over property distribution, the proper forum to seek enforcement is in the Circuit Ccourt of jurisdiction over property distribution, the proper forum to seek enforcement is in the Circuit CourtCourt.

Where new evidence comes to light it will be for the person who wishes to rely upon the fresh evidence to persuade the court to receive it.

«Where a legal situation does not come within the scope of EU law, the Court does not have jurisdiction to rule on it and any provisions of the Charter relied upon can not, of themselves, form the basis for such jurisdiction» (para. 20)

[76] The Court expects and relies upon frank and unbiased opinions from its Experts.

knowingly procure or assist in the preparation of or rely upon any false evidence presented to the tribunal or the LCIA Court (Annex, para 4);

Practitioners will no doubt be hoping not just for greater clarity from the Supreme Court but also for a definitive judgment that can be relied upon.

The Court of Appeal in Imerman therefore seems to be suggesting that if wives discover documentation, they are to rely upon their memory of the documents seen or embark upon a course of action well after the horse has bolted which could prove prohibitively expensive, and which has previously been judged «oppressive» and «a rare weapon for use in extreme or exceptional circumstances» (Burgess v Burgess).

It is a tragic irony that sentencing judges in the Sixth Circuit are required to give enhanced deference to guidelines which the independent Commission, relied upon so heavily by the Supreme Court in upholding the Guidelines, has now declared flawed and in need of reform.

[3] The Alberta Court of Appeal recently declined to rely upon its general equitable jurisdiction to relieve Harvest Operations Corp. of its mistakes where doing so would undermine the rectification doctrine.

The Impressions decision is significant because it undercuts longstanding Federal Circuit law onwhich lower courts have relied upon to allow patent owners to sell products without losing the right to restrict post-sale activities.

Should assets be located in Abu Dhabi or another Emirate, it may be possible to obtain a DIFC Court judgment and then go on to ask the Dubai Execution Court to rely upon the reciprocal arrangements for enforcement between the Dubai Courts and the Courts in the other Emirates.

The court relied upon the several factors set forth in § 767 of the Restatement (Second) of Torts to determine that there was no improper means or motive.

In other words, it is likely that courts will rely upon this provision, as well as article 279 (hearing witnesses at a distance), to allow testimony by video - conference and other such things.

This has led the Court to conclude that individuals may not rely upon its provisions in proceedings against other individuals since directives can not in itself impose obligations upon individuals (no horizontal direct effect).

The court didn't buy it, holding that, whatever Zipcar might call itself, the very marketing claims relied upon by the plaintiff demonstrate that it does compete with traditional rental car companies, and there was no basis to treat it differently.