Sentences with phrase «trial courts determine»

As is the way in the legal profession, trial courts determine fact, appeals courts the law.

Litigation ensued, with the trial court determining that $ 364,110 was a reasonable fee for attorney's services under a quantum meruit measure of recovery (i.e., 1,499 hours at $ 240 per hour).

The trial court determined the billing records were not privileged so as to be exempt from the disclosure, but the appellate court disagreed by issuing a writ to the contrary.

Under this doctrine, if the trial court determines the verdict is inadequate, it can grant a complete or partial new trial.

Specifically, the trial court determined that the court found that Wife lived with her love interest in the home that had been awarded to her in the parties» divorce and found that their relationship was sufficiently similar to a marriage.

In sanctions cases, fees are generally awarded from the date when it was known (or should have been known) that the claim had no basis in fact or law, and are assessed until the date the trial court determines entitlement.

Because of this, the trial court determined that the father had a «more traditional family environment» and thus awarded custody to him.

The trial court determined the owners had conspired with the buyer to avoid payment of the commission and awarded the brokerage the full commission.

Using this analysis, the trial court determined that Re / Max sales associates were employees because the brokers provide all the work «tools» to the sales associates; the sales associates are required to work exclusively for Re / Max; and sales associates are required by statute to be supervised by brokers.

The trial court determined that both the homeowners» and renters» lists were trade secrets, and so the court entered an injunction prohibiting the Competitor from contacting those on the list, setting bond at $ 250.

The trial court determined the jury's findings resolved the remaining claims in favor of CB Listing Salesperson and Broker CB.

The trial court determined that the Buyer had a contractual right through a lease to purchase the property, and the Buyer also had a contractual obligation to pay the Broker and Tecton a commission from the sale of the property.

The trial court determined that the licensee infringed the copyright, but the photographer could not prove any damages from the use of the photograph.

Both the Broker and Tecton intervened in the lawsuit, asserting their right to collect a commission from whomever the trial court determined should be allowed to purchase the property.

Not exact matches

Recent court filings show that the «discovery» period could soon commence, although it is far too early to determine if this case will ultimately go to trial.

The answer may help determine the fates of Frank Dunn, Douglas Beatty and Michael Gollogly, three former senior Nortel Networks executives now on trial in downtown Toronto before the Ontario Superior Court.

It asks the court to declare that the agreements are invalid and order R3 to pay damages in an amount to be determined at trial.

The court considered there was a real issue as to whether or not there are presently any validly appointed directors of YAC and ordered the issue be determined as soon as possible at a trial to be held on 22 February in the Supreme Ccourt considered there was a real issue as to whether or not there are presently any validly appointed directors of YAC and ordered the issue be determined as soon as possible at a trial to be held on 22 February in the Supreme CourtCourt.

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

This led to many US Supreme Court cases trying to determine the rights of captured suspected terrorists, ranging from the rights of basic humane treatment to the right of public jury trials as civilians are entitled.

Justice Okon Abang who ordered the production of Dasuki in court however said that the ex-NSA may not be compelled to testify in the trial until his motion, praying for adjournment is fully determined by the court.

He also supported the call for Daura's arrest and called for indefinite adjournment of the trial pending when Dasuki's motion would be determined by the Court of Appeal.

In the imposing court in Norristown, just outside Philadelphia, a 12 - person jury, two of whom are African Americans, will determine Cosby's guilt or innocence in a trial expected to last two weeks.

The Supreme Court will on Friday determine whether or not to stop the trial of the Senate President, Dr. Bukola Saraki, before the Code of Conduct Tribunal on charges of false assets declaration.

U.S. District Court Judge Valerie Caproni has noted throughout the trial that the government's case is built almost entirely on circumstantial evidence, and her instructions to the jury will go a long way in determining how jurors come to assess Silver.

The landmark U.S. Supreme Court decision Gideon v. Wainwright determined it to be an «obvious truth» that criminal defendants can not get a fair trial without a lawyer and mandated all states under the Constitution to provide attorneys for defendants unable to afford their own lawyers.

The courts, furthermore, have determined that the charges the district attorney has brought against Patrick Harran — who is of course presumed innocent until proven otherwise — are sufficiently serious to require a trial to establish his innocence or guilt.

Eventually, the Supreme Court was called upon to determine the proper standard for the admissibility of expert scientific testimony in federal trials.

Zhao was in a court hearing today to determine whether he should be held for trial and could not be reached for comment.

The judge ordered the parties to return to court on 27 June to determine their readiness to proceed to trial.

Appeal seeks reversal of Patent Trial and Appeal Board decision terminating interference without determining priority of inventorship of CRISPR / Cas9 gene editing Brief asserts that the Board failed to properly apply controlling U.S. Supreme Court and Federal Circuit precedents, and ignored evidence of multiple groups readily applying CRISPR / Cas9 gene editing to eukaryotic cells following teachings of Charpentier - Doudna team

Connecticut's Supreme Court then sent the case to a trial judge to determine what the State of Connecticut must do to meet that standard.

In July, US District Court Judge Denise Cote finds Apple guilty of conspiring to raise the retail price of e-books and schedules a trial in 2014 to determine damages.

Further, should you reject the Arbitration process (or if a court or federal regulator determine the Arbitration process inapplicable), you agree to waive your right to jury trial and proceed in a non-jury court proceeding.

Under current law (Chapter 821B of the Health & Safety Code) when law enforcement officers seize cruelly treated animals the trial to determine whether or not the owner will be divested of ownership is held within 10 days in a Municipal or Justice of the Peace Court and the decision of that court is final and not appealaCourt and the decision of that court is final and not appealacourt is final and not appealable.Â

The case will be remanded to the trial court with instructions to allow limited discovery for determining if malice existed.

An Italian court will begin hearings on 20th April to determine whether Shell will face trial on international corruption charges.

After summarising the CJEU's decision, the judgment notes that the response of the EU Court will be «of great utility» in determining the absolute content of the fundamental right to a fair trial as protected by the Constitution.

Also, the judge is within his rights to punish the potential juror if he determines that the potential juror is actually lying about his ability to be impartial in an effort to evade jury service rather than because he sincerely believes that he can't be fair, and judges have wide authority to determine the credibility and truthfulness of statements made to him in open court (i.e. if the trial judge finds that you are lying, this determination will almost always be honored by an appellate court considering the judge's actions).

In this mock trial, the Government of Canada, represented by TRU law students James Michi and Chris Albinati, posed a reference question to the Supreme Court of Canada to determine the government's obligations to the public in terms of greenhouse gas emissions and climate change.

An attorney can help you navigate the court process, understand the different possible outcomes and determine whether a trial or settlement, if proposed, is in your best interests.

First, the Court of Appeal reasoned that since the Courts of Justice Act gives the court discretion to vary the interest rate and period, the plaintiffs in tort actions involving motor vehicle accidents do not have a vested right in a particular rate of prejudgment interest until the trial judge determines the interest Court of Appeal reasoned that since the Courts of Justice Act gives the court discretion to vary the interest rate and period, the plaintiffs in tort actions involving motor vehicle accidents do not have a vested right in a particular rate of prejudgment interest until the trial judge determines the interest court discretion to vary the interest rate and period, the plaintiffs in tort actions involving motor vehicle accidents do not have a vested right in a particular rate of prejudgment interest until the trial judge determines the interest rate.

Earlier this month, one state's appellate court issued a written opinion in a medical malpractice case that required the court to determine whether the single doctor named as a defendant should be able to introduce evidence that there had originally been several other doctors named as defendants, but they had all settled with the plaintiff before the case reached trial.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resuTrial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resutrial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resutrial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resuTrial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

The Court of Appeal upheld the decision of the trial judge, who used the Guidelines to determine spousal support but concluded that any economic disadvantage suffered by Mrs. Fisher as a result of the marriage was not sufficient to warrant indefinite support.

Though the Criminal Code does not provide a list of mitigating factors to be used in determining a fair sentence in a criminal trial, judge made case law has established a list of mitigating factors that the courts may use to determine a fair sentence in a particular case.

The case required the court to determine if the plaintiff's case against Walmart should proceed toward trial when there was no actual evidence that the store was aware of the puddle that caused the plaintiff's fall.

Rather, the trial court is required to determine whether, within the limitations of MICRA, the requested fees are reasonable under [CRC] rule 7.955.»

It can involve initial meetings or calls with clients to discuss a case and its prospects, drafting pleadings, considering prior art (earlier publications that can be used to invalidate a patent), reviewing documents to determine whether they are relevant and need to be disclosed, preparing a product or process description with the client (which involves drafting a detailed description of the product or process that is alleged to be infringing), meetings with experts, conferences with counsel to discuss and prepare the case for trial, and obviously days in court.

The wife argued at the trial court level that neither of these items should be included in the husband's income when determining his child support obligation.