Sentences with phrase «reviewed by a higher court»

The Ghana Revenue Authority is a statutory establishment whose actions and decisions are subject to judicial review by the High Court of Ghana.

District Administrative Judge C. Randall Hinrichs has barred Suffolk's traffic court from jailing defendants who don't have an attorney without a review by a higher court judge, curtailing a practice that defense attorneys have complained violates motorists constitutional rights.

In a lawsuit, you generally have the right to appeal the judge or jury's decision to be reviewed by a higher court.

This adjudication of the Judge is called «shimpan (determination)», and if the party is not satisfied, he / she may make an appeal within 14 days, and the determination of the Family Court will be reviewed by the High Court.

While an award that is inconsistent with prior similar cases may be subject to review by a higher court, the Louisiana Supreme Court has taken steps to curb a higher court from inserting its own view of the value of a case.

In order to obtain leave to appeal to the Supreme Court, prosecutors must successfully argue that the legal issues involved are of national importance and that they are worthy of review by the highest court in the land.

This paper starts by assuming that judges are generally risk averse with respect to reversal, and that they provide opinions when they believe that their work will be reviewed by a higher court.

After a judgment is rendered by a trial judge or jury, the losing party has the right to have the decision reviewed by a higher court.

Not exact matches

The Northern Territory Government announced its floor pricing plans in late February after an alcohol review by former NT Supreme Court chief justice Trevor Riley who found the NT had one of the highest per capita rates of alcohol consumption in the world.

April 14 — Leyton Orient have followed Tottenham Hotspur by applying to the High Court for a judicial review to try and prevent West Ham United moving to the Olympic Stadium after next year's summer Games, club chairman Barry Hearn revealed today.

(Link: https://prnigeria.com/2016/03/yashuaib-resigns-fossra-say-jon-ode-panel-misleading-president-buhari/ May I appeal to Your Excellency to simply review the fact that Sambo Dasuki has been granted bails by three High Courts in Nigeria and that even the ECOWAS Court has also ordered his release yet he has remained in custody.

May I appeal to Your Excellency to simply review the fact that Sambo Dasuki has been granted bails by three High Courts in Nigeria and that even the ECOWAS Court has also ordered his release yet he has remained in custody.

An Accra High Court presided by Justice Ackah Boafo has in a judicial review quashed the decision by the lands and natural resources ministry to revoke the mining license of Exton Cubic Group Limited, owned by Ibrahim Mahama.

A high court judge said they had «an arguable case for seeking the relief claimed by way of judicial review».

This means that any extension would not only be: - subject to a specific case being made by the Director of Public Prosecutions; - subject every seven days up to the agreed limit to the approval of a High Court Judge; - subject to the regular report of the independent reviewer with an annual debate in parliament; - but also be subject in each and every instance to a specific parliamentary notification procedure, to a further statement to parliament on the individual case, a review on the specific case by the independent reviewer and with the provision for this House to scrutinise and debate the report and all the circumstances.

But the high court ruled the pills should still be administered by a doctor, although it gave the health secretary the ability to review the process in light of any medical advances.

In March 2011, an application for a Judicial Review in the High Court was lodged by two teenagers, Callum Hurley and Katy Moore, who claimed the increase in tuition fees breached the European Convention on Human Rights.

But the indictment that followed a year - long investigation by Attorney General Eric Schneiderman is almost certain to create more difficulties for an office that, according to the newspaper's review of court filings, appears not to be functioning with a high degree of efficiency.

«Thus, in a press statement credited to the National Assembly last week, it was reported that «The Federal High Court has ruled that the National Assembly has the power to increase or review upward the budget estimates laid before it by the executive».

The forthcoming review is a reboot of the abandoned review in the last Parliament, being carried out under new rules that the Cameron government introduced in 2011: while the reviews themselves are scrupulously neutral, overseen by High Court Judges, the rules they carry them out by are set by Parliament.

The decisions of public bodies, such as the Secretary of State (and therefore of RSCs where they assume the powers of the Secretary of State), local authorities and schools can be challenged by way of judicial review and other appropriate proceedings in the High Court.

The following is a statement from the California Charter Schools Association on the California Supreme Court's decision to deny the petition for review filed by Shasta Secondary Home School appealing the decision of the California Court of Appeal in Anderson Union High School District v. Shasta Secondary Home School (Anderson Union HSD).

«Should the legislature attempt to comply with these broad directives, even if it were to be given time extensions, by enacting new legislation, then it would have made these broad changes based solely on the views of a single Superior Court judge, without review or consideration by higher judicial authority,» the appeal says.

Whilst the CAC's decision can not be appealed (though it could be challenged by way of judicial review in the High Court), the legal battle on the «gig economy» riders» status is far from over.

The deputy principal then made an application to the High Court to review this decision, by way of judicial review (a review procedure for decisions / actions of public bodies).

Brady's application for permission to bring judicial review proceedings was refused by the High Court.

AND the appeals court making the claim that the defendant must show by a preponderance of the evidence that he / she was damaged then «changing» that level of proof to what appears to be a higher standard by saying, «On review, we will not reverse the judgment unless the evidence as a whole unerringly and unmistakably leads to a conclusion opposite that reached by the post-conviction court.»

Wellington International Airport in defending a High Court judicial review brought by the Airline Pilots» Association relating to the airport's proposed runway extension

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

The Court began its analysis by noting that the standard of review of jury verdicts is «exceptionally high» and that a jury's verdict is entitled to a «fair and liberal interpretation in light of the evidence and of the circumstances».

The McKenzie ruling was interpreted by the SFO as a «landmark High Court ruling», but in reality, the Divisional Court did no more than uphold the status quo, confirming the legality of the SFO's existing procedures for isolating material potentially subject to LPP, for the purpose of making it available to an independent lawyer for review.

After reviewing the low standard set by our highest court, you might wonder why adjudicators should bother writing with style.

Nothing was said by the Court of Appeal in Nipa Begum which showed either that the approach of the county court on s 204 appeals was identical to the powers of the High Court on a judicial review application or that it was required by an enactCourt of Appeal in Nipa Begum which showed either that the approach of the county court on s 204 appeals was identical to the powers of the High Court on a judicial review application or that it was required by an enactcourt on s 204 appeals was identical to the powers of the High Court on a judicial review application or that it was required by an enactCourt on a judicial review application or that it was required by an enactment.

Part Four of the Bill contains proposals to make significant changes to judicial review by restricting the powers of the court to provide a remedy in certain types of challenges, and by imposing higher financial risks on claimants and interveners.

The High Court agreed with the investors that § 10 (3) of the IAA did not apply to the current application, since it only permits the High Court to review a positive ruling on jurisdiction where this has been dealt with by the tribunal as a preliminary question.

There is some skill in drafting an application for judicial review, of course, but it occurs to me that the arrival of this brief may have reflected the magic of Matrix Chambers or a pro bono effort by Eloise to get some experience in the High Court.

After his conviction was changed to murder by the Supreme Court last year, Pistorius appealed to South Africa's highest court, the Constitutional Court, to review his Court last year, Pistorius appealed to South Africa's highest court, the Constitutional Court, to review his court, the Constitutional Court, to review his Court, to review his case.

It should also be noted that an appeal from the SDT to the High Court normally proceeded by way of review; see CPR rule 52.11 (1).

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

Tipping J acknowledged that judicial review should not be excluded lightly by a statutory ouster clause but said that the statutory challenge proceeding «has a built - in right for the taxpayer to take the matter to the High Court, if that is thought necessary or desirable».

This high standard of review — higher than reasonableness — was recently confirmed by the B.C. Supreme Court in RM v. the College of Physicians and Surgeons of British Columbia, 2011 BCSC 832, the first decision on a judicial review of an HPRB decision.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

And the function of the committee is to basically tell the Bar whether we should be appealing that finding because we don't feel it's an appropriate finding, we need to go higher and seek review by the Supreme Court of Florida, or we are fine with the finding and we do not want to appeal.

The English injunction was continued the following week after a fully contested High Court hearing and all the seized documents were returned to our London office within a week, held by us subject to a privilege review by independent counsel.

The Court's standard of review should be whether the price meets the economic objectives set forth in the Settlement, i.e., «(1) the realization of revenue at market rates for each Book and license on behalf of Rightsholders and (2) the realization of broad access to the Books by the public, including institutions of higher education.

Permission to apply for judicial review was refused by the High Court, but granted by the Court of Appeal, which went on to hear and dismiss the substantive application for judicial review.

A master's interim order is subject to review by a higher judicial authority, like a Supreme Court judge.

An appeal is most simply a request for a higher court to review the decision of a lower court and overturn the outcome by either ordering a new trial or substituting the verdict that should have been reached.

Robert O» Hale Board Certified Specialist in State and Federal Courts Certified by NC State Bar as a specialist in criminal law in both State and Federal Court Legal Elite Best Lawyers in America Best Lawyers in NC Super Lawyer AV Rating - Martindale Hubbell (Highest Rating Possible) Top 100 U.S Trial Lawyers Top 100 U.S. DWI Lawyers Nation's Top 1 % Percent Attorney See AVVO Ratings and Reviews

On 19 - 20 January, the England and Wales High Court (Mrs. Justice Andrews) heard the judicial review of the ban on different - sex civil partnerships brought by Rebecca Steinfeld and Charles Keidan.