Sentences with phrase «review by a court»

Those electronic and paper documents are now being reviewed by a court - appointed special master to determine what material is protected by attorney - client privilege and what is eligible to become part of the criminal investigation of Mr Cohen.

Those electronic and paper documents are now being reviewed by a court - appointed special master to determine what material is protected by attorney - client privilege and what is eligible to become part of the criminal investigation of Cohen.

The state programs reviewed by the court in 1971 contained provisions intended to guarantee that funds going directly to schools or teachers would be used to defray the costs of instruction or services that were in no sense religious but rather «secular, neutral or nonideological.»

Therefore, you can feel at ease knowing that all aspects of the adoptive family's life have been reviewed by the court and they have been approved to adopt a child.

Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts.

Section 8 states: «Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion, and may not be reviewed by any court of law or any administrative agency.»

(The CPP is now under review by the Court of Appeals for the District of Columbia Circuit, with a hearing set for June 2.)

Unfortunately, on February 21, 2014, Quebec's Minister of Justice filed a notice to appeal the judgement stating that it contains errors of fact and law that deserve to be reviewed by the Court of Appeal.

Delivering judgment along with Mr Justice Holgate, Lord Justice Singh said Part 4 was incompatible with fundamental rights in EU law because «access to retained data is not limited to the purpose of combating «serious crime»» and «access to retained data is not subject to prior review by a court or an independent administrative body».

According the ECJ, there should be a review by a court or by an independent administrative body in order to use that data.

As a result, access to retained data should, with the exception of cases of validly established urgency, be subject to a prior review by a court or an independent administrative authority at the request of the competent national authorities [120].

It cautions that internal committee decisions of hospitals can be reviewed by the courts.

The Divisional Court has held that decisions of hospital committees can be subject to judicial review by the courts.

Given the language used by the Court of the Appeal, it is clear that prosecutorial discretion not being subject to review by the courts remains the norm.

Not only can these be disclosed and ultimately used by your opponent to weaken your position, but it can also be reviewed by the Court on the question of costs and compliance with the Protocols.

As in the UK, so too here that judgment by the responsible politician is not likely to be reviewed by the courts, even though our courts do have to decide when the administration of justice may suffer the same fate (but they are experts in the administration of justice in a way that they are not in the Honour of the Crown, aboriginal treaty compliance excepted...)

Fundamental rights review by the Court of Justice of the European Union has frequently been criticized for its rather terse reasoning.

The Court was in this case probably not really confronted with an «uncontrollable centre of power» considering the procedural and substantive checks and balances imposed in the regulation as well as the possibility of judicial review by the Court and therefore did not see the need to annul a regulation that itself tried to curb an uncontrollable centre of power: the financial markets.

The Court first pointed out that «while the treaties do not contain any provision to the effect that powers may be conferred on a Union body, office or agency, a number of provisions in the FEU Treaty none the less presuppose that such a possibility exists» (para 79) and referred to articles 263, 265, 267 and 277 TFEU which make clear that acts of such EU bodies are subject to judicial review by the Court.

As for who decides, ultimately there is review by the courts, but they are largely deferential to many institutional policies, especially with universities.

A trustee may be asked by an estate beneficiary at any time to have their accounting reviewed by the court for approval in a «passing of accounts.»

The Supreme Court should use a «tiebreaker» clause to appoint new justices, a review by the court's chief executive Jenny Rowe has recommended.

The low threshold test is consistent with an intention to seek out allegations of wrongful conviction, and to ensure that they are reviewed by the courts where there is a real possibility of success.

On appeal, these proceedings «by indictment» are reviewed by the Court of Appeal for Ontario usually before a three member panel of appellate judges although in rare cases a five member panel will sit.

This post critically analyses the Court of Appeal's judgment in Tom Watson and Others v Secretary of State for the Home Department with regards to general data retention, access to communications data on the basis of prior review by a court or an independent administrative body and notifications.

The minimums are subject to review by a court, but certainly I can tackle him and hold him for the police to arrive, but I can't rip his head off and spit on it -LRB-: — RRB --RRB-

They may represent you throughout the various stages of tax disputes, from an initial audit to IRS administrative appeals, Tax Court and final review by the Court of Appeals, or even the U.S. Supreme Court.

As a side - effect, the Grand Chamber's point of view also strengthens the impression that EU institutions can expect a somewhat more favourable treatment when EU secondary legislation is reviewed by the Court.

It is also important to note that a custody order may be reviewed by a Court and varied if a material change in circumstances is shown.

This exercise of parliamentary privilege can not be reviewed by any court, nor, therefore, by the Tribunal.

The question of the deductibility of CPP disability benefits in the context of tort damages is still under review by the courts, with a decision from the Nova Scotia Court of Appeal expected later in 2017.

[123] The types of evidence that may be reviewed by the court to determine the transfer's intention were canvassed in Pecore.

It is also important to note that a Parenting Order may be reviewed by a Court and varied if a change in circumstances is shown.

However, decisions of boards and tribunals are subject to review by the courts.

The Ontario government did not seek to have any of those decisions reviewed by the courts.

In Saalfeld the court considered a wrongful dismissal appeal and the interpretation of a much stronger limitation clause in a stock option plan than that reviewed by the court in Acuity.

Just days after a federal judge in a multi-district litigation proceeding ordered a review by the court of any litigation funding agreements connected to the claim, three United States Senators have submitted a bill that seeks to mandate disclosure of third party funders and agreements in all commercial class actions and MDL claims....

It was released to the parties following the post facto Lavallee process although it was not reviewed by the court in detail at that time.

At times provision and decision making has been so woefully inadequate and flawed, as to represent a safeguarding issue, necessitating a judicial review by the courts.

But if not, the costs must be reviewed by the Court, an administrative function many courts refer to a lower court, for example a registrar.

Review by a court of the reasonableness of a decision made by another repository of power «is concerned mostly with the existence of justification, transparency and intelligibility within the decision - making process» but also with «whether the decision falls within a range of possible, acceptable outcomes which are defensible in respect of the facts and law».

The Supreme Court has held that the doctrine of Kompetenz - Kompetenz will not be final and will be subject to review by the courts on an application for recognition and enforcement under the New York Convention.

sufficient to support its verdict exists, and where these matters have been reviewed by a court of appeals applying correct legal standards.

Issues concerning the FCC's rules on reassigned mobile numbers and revocations of consent are currently under review by the Court of Appeals for the District of Columbia Circuit.

Next, evidence will be called for and reviewed by the courts.

Section 1 of DRIPA was declared by the Court of Appeal in Watson in January 2018 to be incompatible with EU law in certain respects, (namely, that in the area of criminal justice, access to retained data was not limited to the purpose of combating «serious crime», and access to retained data was not subject to prior review by a court or an independent administrative body), following the judgment of the Court of Justice of the European Union («CJEU») in Tele2 / Watson.

The Franks Report set out a firm opinion that statutory tribunal decisions must be subject to review, and moreover that these decisions must be subject to review by the courts on points of law.

The B.C. Supreme Court recently upheld the power of an inquiry committee under B.C.'s Health Professions Act to issue a non-disciplinary letter of direction (or expectation)-- one that a respondent could not seek review by a court — under...

For this reason, the review by a court of an arbitrator «s decision interpreting the contract should not proceed on the basis that it involves a question of law alone.

On order of the Court, the application for leave to appeal the March 21, 2017 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should now be reviewed by this Court.