Sentences with phrase «which comes before the court»

We use that unique database to share new insights culled from tens of thousands of pages of opinions about the Justices and their decision - making process, the parties and issues which come before the Court.

Not exact matches

Attorneys for Waymo have said in court that over the nearly year - long case they have amassed a file of evidence against Uber and were ready to go to trial before the revelation of the Jacobs letter, which came days before the original trial date.

David Scoffield QC, for Ashers, said: «This is a case of forced or compelled speech, unlike other cases which have come before the court.»

This is perfectly understandable to me within the general context of the investigation in which the allegation had arisen, and considering that I have lately come to also realize that two of my colleagues in chambers had been involved as defence counsel in two cases before the subject judge amongst twelve cases in all they have ever done at the Industrial Court since inception.

The Association of Justices of the Supreme Court of the State of New York said Thursday it opposed the coming referendum, which will go before voters next month.

A bill is expected to come before parliament later this week after the Supreme Court ruled that MPs and peers must have a vote on the terms in which Britain begins exiting the bloc.

It's an eloquent moment, and it comes just before the second act of the film, during which a cascade of ridicule and recrimination descends into revelations of adultery, betrayal, and racial invective, laying bare the core of unrest in the hearts of minds of hard - court heroes, once upon a time.

Before writing the song, which needed to fit the stirring themes of Marshall — a film about the life of Thurgood Marshall, the first African American Supreme Court Justice — Warren told Common she listened to Sam Cooke's «A Change Is Gon na Come» and Curtis Mayfield's «People Get Ready» back to back.

February 28, 2013 • Google, Apple, Facebook and other big names are wading into the same - sex - marriage debate, which will come before the Supreme Court next month.

While reaching out to fellow Democrats, choice proponents in the minority community have sought to build alliances with Republicans and with libertarian organizations like the Institute for Justice, which has represented poor parents in every voucher case that has come before the courts in the past dozen years, including Zelman.

The injunction — which freezes the mandate to reduce carbon pollution from the US power grid pending an appeals court ruling, presumably followed by an appeal to the high court — came on a 5 - 4 vote, just days before Justice Antonin Scalia's unexpected death roiled the national political climate.

It remains to be seen whether this will be so, assuming that a case in which it is at issue actually comes before the appeal courts.

The good news there is the field is sufficiently complex to thoroughly exercise your gray matter (see, for example, David Fischer's analysis of the LinkLine litigation to be argued shortly before the Supreme Court), which means you're not just getting a job, but getting smarter too (case in point: before becoming an Internet marketer for lawyers I worked at Kaye Scholer and frequently saw Milton Handler, a name partner and guru of the antitrust bar, still coming to work well into his 90's).

The matter then came before the Supreme Court of Canada, which was asked to address an important legal question: in cases where the support terms of an agreement have been incorporated into a court order, what is the proper approach by a court to an application to Court of Canada, which was asked to address an important legal question: in cases where the support terms of an agreement have been incorporated into a court order, what is the proper approach by a court to an application to court order, what is the proper approach by a court to an application to court to an application to vary?

Nonetheless, Master Robertson goes on to indicate that, if this matter had come before a Provincial Court judge, the Provincial Court judge would have authority to hear the application to set aside the order and schedule a re-hearing based on rule 9.15 of the Alberta Rules of Court, which allow the setting aside of an order made without notice or following a hearing.

In 1985 another case came before the courts regarding the trust of an individual who had been badly injured and rendered «mentally incompetent» in the Halifax Explosion, at this point the individual was around 68 years old and living in a facility which claimed that the trust, which had been set up by his father after his injuries in the explosion, should be paying his fees for the facility.

Judges should refrain from conduct such as membership in groups or organizations or participation in public discussion which, in the mind of a reasonable, fair minded and informed person, would undermine confidence in a judge's impartiality with respect to issues that could come before the courts.

The term of the lease was from 1 January 2003 to 28 September 2004 and prior to the grant of the lease, which was made before the amendments to LTA 1954 described above came into force, the parties applied for and obtained an order from the county court excluding the provisions of LTA 1954.

The Alberta new rules of court which came into force in Alberta on 1 November 2010 make JDR (or another form of dispute resolution) mandatory before trial.

On such an afternoon some score of members of the High Court of Chancery bar ought to be... engaged in one of the ten thousand stages of an endless cause, tripping one another up on slippery precedents, groping knee - deep in technicalities, running their goat - hair and horse - hair warded heads against walls of words and making a pretence of equity with serious faces, as players might... between the registrar's red table and the silk gowns, with bills, cross-bills, answers, rejoinders, injunctions, affidavits, issues, references to masters, masters» reports, mountains of costly nonsense, piled before them... This is the Court of Chancery, which has its decaying houses and its blighted lands in every shire, which has its worn - out lunatic in every madhouse and its dead in every churchyard, which has its ruined suitor with his slipshod heels and threadbare dress borrowing and begging through the round of every man's acquaintance, which gives to monied might the means abundantly of wearying out the right, which so exhausts finances, patience, courage, hope, so overthrows the brain and breaks the heart, that there is not an honourable man among its practitioners who would not give — who does not often give — the warning, «Suffer any wrong that can be done you rather than come here!

The third court, the Commissione tributaria centrale, which, by the way, has been abolished in 1996, was apparently not capable to come to a judgement before the 26th of May 2010.

The actual cause of concern is rather a scenario in which, because of a prior reference to the ECJ by a lower court, under the CILFIT doctrine a supreme court would no longer be bound by Art. 267 TFUE and could therefore come before the ECtHR for a «second» preliminary opinion.

«Indeed for my part, I would encourage Magistrates» Courts before whom prosecutions are brought or, for that matter, Crown Courts before which any prosecution comes on indictment, to reflect in any financial penalty imposed the amount of commercial advantage which has been obtained by a person through the unlawful deposit of controlled waste.»

So, the private investor test was eventually applied in the present case, even though the Commission came to exactly the same conclusion as in its first decision which did not include the private investor test.Nevertheless, the Commission continued the proceedings before the Court, upholding its plea

In the other case, which is an application in appeal judicial review — Demande de Pourvoi en Controle Judiciaire — being heard before the Superior Court of Quebec in Montreal, the LANEQ is challenging the legality of the back - to - work legislation that came into effect on March 1, 2017.

«While the eligibility of a particular candidate appointed could have potentially come before the Supreme Court (which indeed in the end it did), simply reminding officials of the requirements of applicable law would not in the ICJ's view constitute «a comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process» (as expressed in Principle 2.4 of the Bangalore Principles,» he added, referring to the Bangalore principles of judicial conduct.

Here's an issue: Rule 60E (6) of the Rules of Court (Rule 7 - 1 (8) of the Family Rules which come into effect in a few days) dictates that a Requisition and Notice of Judicial Case Conference and a copy of Parts 1, 2, 3, and 4 of a Form 89 (soon to be F8) Financial Statement must be served on a party at least 30 days before the date set for the JCC.

A case recently came before the Court of Appeal whereby the court was able to consider and provide guidance on the manner in which abductions within the Jurisdiction of England and Wales should be dealt with and whether the same principles that apply whCourt of Appeal whereby the court was able to consider and provide guidance on the manner in which abductions within the Jurisdiction of England and Wales should be dealt with and whether the same principles that apply whcourt was able to consider and provide guidance on the manner in which abductions within the Jurisdiction of England and Wales should be dealt with and whether the same principles that apply when...

A case recently came before the Court of Appeal whereby the court was able to consider and provide guidance on the manner in which abductions within the Jurisdiction of England and Wales should be dealt with and whether the same principles that apply when considering international child abductions should apply to these internal abductCourt of Appeal whereby the court was able to consider and provide guidance on the manner in which abductions within the Jurisdiction of England and Wales should be dealt with and whether the same principles that apply when considering international child abductions should apply to these internal abductcourt was able to consider and provide guidance on the manner in which abductions within the Jurisdiction of England and Wales should be dealt with and whether the same principles that apply when considering international child abductions should apply to these internal abductions.

(B) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction.

(C) A judge shall not engage in financial activities permitted under paragraphs (A) and (B) if they will: (1) interfere with the proper performance of judicial duties; (2) lead to frequent disqualification of the judge; (3) involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves; or (4) result in violation of other provisions of this Code.

In the review process in relation to a defendant who is already serving his sentence, and who enters into an appropriate agreement to provide information, in which he discloses his previous criminal activities, he will come before the court, as P did, to be sentenced for the new crimes he has disclosed, as well as for a review of the original sentence.

(1) A judge may hold and manage investments, including real estate, and engage in other remunerative activity, but should refrain from financial and business dealings that exploit the judicial position or involve the judge in frequent transactions or continuing business relationships with lawyers or other persons likely to come before the court on which the judge serves.

If this precedent is upheld by the Supreme Court, then they will be opening a Pandora's Box which will allow the KBA to inject itself in to every case coming before any judge.

A judge's participation in a closely held family business, while generally permissible, may be prohibited if it takes too much time or involves misuse of judicial prestige or if the business is likely to come before the court on which the judge serves.

(1) The judge should not serve if it is likely that as a fiduciary the judge would be engaged in proceedings that would ordinarily come before the judge or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction.

In the meantime, two further secondary market liability cases had come before the Court of Appeal on appeal: Green v. Canadian Imperial Bank of Commerce (2012 ONSC 3637), in which Justice Strathy reluctantly declined to certify a class action because it was time - barred by the three - year limitation period; and Silver v. IMAX (2012 ONSC 4881), in which Justice van Rensburg granted an order issuing retroactive leave under s. 138.8 of the OSA to allow the claim to proceed.

After the Icahn case, the dividing line once again came before our Court of Appeal in Khela v. Phoenix Homes Ltd., 2015 BCCA 202 in which Madam Justice Neilson re-affirmed the principle in Pasnak.

If the rule of domestic law creates a discretion rather than an absolute rule of law, the domestic court might come to the conclusion that the discretion should be exercised in a different way from that in which it was in fact exercised in the case before the Strasbourg court.

There are, however, two (linked) mechanisms by which privileged material may come before the court; these are by way of filing the relevant material at court («filing») and by way of «election».

I had someone faced with this situation, (incorrect toll free number supplied by the Adjudicator) apply to Small Claims Court which he did, and the evidence presented was overwhelmingly on his side not the landlords, and the trial judge had to take time out to consult before he made his decision, and came back quite upset to report that there was NO APPEAL possible from a Residential Tenancy Act tribunal decision other than by launching a court action in BC Provincial CourCourt which he did, and the evidence presented was overwhelmingly on his side not the landlords, and the trial judge had to take time out to consult before he made his decision, and came back quite upset to report that there was NO APPEAL possible from a Residential Tenancy Act tribunal decision other than by launching a court action in BC Provincial Courcourt action in BC Provincial CourtCourt....

In every case there must come a time when the court feels that there is sufficient evidence before it upon which to make a finding.

Many lawyers and judges appear to take the position that electronic technology in the litigation process is best suited for the large document cases which usually come before the court in large urban areas and are handled by lawyers from large legal firms with IT departments.

Unlike the advisory - opinion matters that have come up before the Supreme Court, with their unlimited scope for interpretation of the terms of the Constitution and for the reconstruction of, and reflection upon legal principle — opportunities that provided scope for charting novel lines of jurisprudence — the Presidential - election case, though so vital in the progress of the new Constitution, and so momentous in political profile, was a matter the scope of which was well defined by elements of procedure, evidence and probability - evaluation.

The cases, both of which are currently before the Ontario Superior Court, attack long - standing policies whose time may have come: Canadian Blood Services» ban on blood donations from men who have had sex with men, and the three sections of the Criminal Code outlawing activities relating to prostitution.

Nevertheless, New Zealand introduced restorative justice measures as early as 1989 in an attempt to address the increasing rate at which young offenders were coming before the courts.