Sentences with phrase «trial judge based»

The trial judge based this determination on the procedural safeguards against wrongful convictions in s. 16 (3) of the Canada Evidence Act,

In the present case, they determined the trial judge based his finding of credibility upon the following conclusions (see para. 13):

It ruled that the trial judge based her conclusions on an alternative scenario of liability and damages that she developed as opposed to the allegations in the pleadings.

That's what a Florida appellate court ruled last week, upholding a defendant's motion to disqualify a trial judge based on the judge's Facebook friendship with the prosecutor assigned to the case.

The ultimate determination of the existence of a duty of care will be determined by a trial judge based on the full evidentiary record (including a consideration of any residual policy considerations that may override the prima facie duty of care).

We are not in a position to review in a critical way the findings made by the experienced trial judge based on the evidence in this case.

Not exact matches

But it's also worth considering that an employer who fires an employee simply based on the wrongdoing itself is effectively imposing a penalty — acting like judge, jury, and executioner — without any of the due - process protections that accompany a criminal trial.

It is not the judges right or duty to express his personal opinions or beliefs while sitting on the bench, especially while giving a verdict.Judges are there to make sure due process and a fair and impartial hearing or trial takes place for all those involved.this particular judge's rant on the muslim world based on his views from serving in the military had absolutely no bearing on the case and should not have even been brought up much less used to chastise the victim with.

On this basis the trial judge concluded that (para 298) «if Franklins was in the relevant market with Metcash (as the Commission clearly contended), it must be the case that the major supermarket chains, which his Honour found to be a closer competitive constraint than Franklins, must be included in that market.»

ACCC Chairman, Rod Sims, stated that the ACCC believed «that there was sufficient evidence for the Court to find that Cussons had entered into an understanding» and that the appeal will allow the Full Court to «consider whether the trial judge should have inferred an understanding involving Cussons based on the uncontested evidence in this case.»

However, in his appeal marked CA / A / 451C / 2018, Metuh said the trial judge «manifested obvious bias» against him by failing to exercise his discretion judicially and judiciously when he dismissed his application based on «imaginary facts».

He pointed out that no federal judge has ever imposed a monitor on a police department based on a civil trial.

But on Friday, Judge Richard Sullivan postponed the trial until at least Wednesday, based on a report about Pan's mental health, the Associated Press reported.

«The Chief Justice of Nigeria, Justice Walter Onnoghen, GCON, had directed the heads of court to designate courts and judges that will solely handle the ongoing trials on a daily basis to fast - track all the pending alleged corruption cases.

Acting Oswego County Judge Daniel King last year denied Thibodeau's request for a new trial based on the new evidence.

The defendant had based the request on a sworn statement he obtained from a juror at his trial, despite the judge's warning last week to stay away from jurors.

Ulster County has the second highest volume of Supreme Court cases in the district and yet has only one locally based trial judge.

Predictions based on machine learning could outperform judges when deciding which defendants to jail before trial and which to release on bail.

The trial enrolled 398 men with cancer that had not spread outside the prostate gland who were judged to be at high risk of treatment failure, based on standard tests for a number of features of the cancer.

Linda Darling - Hammond, a highly respected professor at the Stanford Graduate School of Education, testified during the Vergara trial that a teacher's performance should not be judged on the basis of flawed test rankings.

The high school teacher can't imagine how anyone could judge her based on how well students perform fitness tests such as sit - ups and timed running trials.

My reading of the trial documents makes me think that the judge in the appeals case would be hard pressed to find a justification for reducing the settlement; what would the new settlement amount be based on?

There's a lot regarding the history of the intelligent design movement available on the web, including the entire transcript of the trial in Dover during which the conservative Bush - appointed federal district judge became convinced that it is nothing more than old testament - based creationism with a new label.

In any event, and much more fundamentally and as discussed above, the trial judge's assessment of this point is based on an error — a failure to understand or consider the nature of the Zurich policy.

«A lot of what the Supreme Court does is simply irrelevant to what federal trial judges do on a daily basis,» wrote Judge Kopf, who presides and blogs from Lincoln, Neb..

A Southern District of New York judge quashed supoeonas seeking to produce the confidential notes, but on Thursday the New York - based 2nd Circuit U.S. Court of Appeals in a summary order instructed the trial court to conduct an en camera review of the mediator's notes.

If you're prepared to presume, absent something relevant to the contrary, the validity of what amounts to an unexplained jury decision so long as the relevant evidence is capable of supporting that decision, what's the basis for your problem with what the trial judge did here (assuming you have a problem)?

There are, of course, earlier cases where an appeal was allowed on the basis that the decision of the trial judge was not truly a judicial decision.

In response to the argument that the trial judge had erred in declining to declare a mistrial the Court of Appeal found, oddly, that to allow a trial judge to ignore the juries findings would come perilously close to setting aside an award on the basis that it was inordinately high, which power is only reserved for the Court of Appeal.

The trial judge, albeit observing the lack of time records but based upon 33 years of experience as a practitioner, finally awarded $ 180,880 to plaintiff after a reconsideration motion from the defense — this included a 1.25 multiplier to the lodestar found reasonable by the lower court.

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C.Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C.trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

The trial judge awarded $ 147,595 based on a $ 350 hourly rate.

Nineteenth - century treatises similarly recognized judges» authority to award new trials on the basis of the size of damages awards.

Five months ago, I blogged about winning a driving while intoxicated trial when the judge ruled that the police stope of my client's car was unconstitutional, for being based on no more than a hunch about whether my client or his passenger had been involved in an amorphous...

This was based upon the trial judge's assessment of the husband's credibility.

The evidentiary rulings as to relevance can only be based upon the trial judge's understanding at that time of what the evidence is expected to show, and here the judge made a proper ruling.

The case was hardly frivolous, with the appellate court frowning on the trial judge's finding of lack of merit based on plaintiff simply approving a form of judgment so saying — this was hardly an admission.

The trial judge only awarded $ 1,500 for «fees on fees» based on a lack of detail.

The modification of spousal maintenance, however, may depend upon whether alimony was awarded by a judge after a trial or was based upon an agreement of the parties.

The Virginia Court of Appeals remanded the case to the trial judge to enter a divorce based on living separate and apart for a year, instead of the fault ground of constructive desertion in favor of the wife.

The trial judge found that the state had no rational basis to deny recognition of same sex married couples.

The trial judge's detailed reasons for sentence disclose no basis for intervention by this court.

Feb. 29, 2016)-- authored by Acting Presiding Justice Robie; discussed in our Mar. 1, 2016 post: 70 % across - the - board fee reduction by trial judge from fee request reversed because such a broad brush decrease required a more nuanced approach and more specific explanation of the reduction; trial judge allowed to «cross check» reasonableness of prevailing party's fee request based on the fees expended by the opposing party in proper situations.

Criminal defendant who pleaded guilty, then appealed his conviction based on his attorney's failure to tell him he would be deported, could not show he had been prejudiced by this failure because, (1) just before accepting his plea, the judge told him he would likely be deported, and (2) he could not show he was likely to obtain a more favorable result by going to trial.

The trial judge concluded, based on her analysis of the relevant law, that the other driver was the dominant driver and enjoyed the right of way as she entered the intersection.

Remittitur allows Maryland judges to either reduce the verdict or award a new trial when the trial judge believes the verdict was excessive based on the evidence.

If the trial does take place, you will give evidence to the Judge based on your witness statement, as well as any other witnesses who can give the Court useful information.

A Duval County judge set an Aug. 14, 2017, trial date for a lawsuit alleging that Evenflo, an Ohio - based car seat manufacturer, improperly recommends car seats that are too big for children.

Because laws which are facially neutral may «unintentionally have a disproportionate or adverse effect on a group or individual» (at para 36), the Federal Court of Appeal proceeded, where the trial judge did not, to consider «whether the provisions of the ITA, while not directly discriminating on the basis of gender and family status, did so indirectly and unintentionally» (at para 36).

As indicated, the trial judge settled upon the former on the basis that no evidence was negatively affected, and, weighing the seriousness of the crime for which T was convicted against the seriousness of the breach, he found that this was not one of those «clearest of cases» where a stay should be granted.