Sentences with phrase «state court of last resort»

Most state constitutions have explicit language giving the state court of last resort the power to establish rules that are binding on the lower courts and their judges.

There are two state courts of last resort that require supermajorities to strike down laws, but both are because of a constitutional provision, not a mere statute.

Not exact matches

«The Assembly feels so strongly regarding the utter disruptiveness of an August primary that should this Court order one, we would then, as a last resort, be compelled to advocate for a separate state and local primary for September.»

If torture is going to be administered as a last resort in the ticking - bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.»

This seventh and final installment looks at efforts to change state constitutional grants of rulemaking authority to courts of last resort, typically called the «supreme court», or judicial councils.

Until this ruling, the highest court of Massachusetts noted, no court of last resort in the United States had addressed how the attorney - client privilege applies to a law firm's in - house communications concerning an existing client.

The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of TCourt of Criminal Appeals is the court of last resort for all criminal matters in the State of Tcourt of last resort for all criminal matters in the State of Texas.

The vast majority of states either place the membership directly into the constitution (24 states), as Georgia currently has, or the membership is set by the state's supreme court / court of last resort via court rule (10 states).

With the expecting signing this week of a bill to transition West Virginia judicial races from partisan to nonpartisan, the number of states with partisan judicial races for their courts of last resort (usually called supreme court) will decrease down to 8.

Because they belong to the courts of last resort for many cases, state supreme court justices who refuse to abstain often cite this notion.

In the court's view there can be no legal gap between health and social care provision provided by the local authority under NAA 1948 «as a last resort» since «the secretary of state has put in place a structure which requires the PCT to take account of the social services authority's statutory competence so that the resulting decision will define the services which the social services authority is obliged to provide».

Should family court intervention and professional counseling prove ineffective, the realistic option of civil legal action, as a last resort, should be made available in all states as a significant deterrent of future parental alienation behavior.

The court based this conclusion on the following facts: (1) other brokers attempted to impose punitive commission splits (as opposed to normal 50 - 50); (2) other brokers made disparaging comments regarding Action (i.e. that it was not reputable, did not do a good job selling its listings, etc.); (3) other brokers stated that they would show Action homes only as a «last resort» or would «avoid them like the plague»; and (4) one broker stated that Action would not survive for long because other brokers were going to drive Park out of business.