Sentences with phrase «which judicial case»

These are cases for which judicial case management is especially appropriate.

Not exact matches

2001)(«The D.C. Circuit, confronting a case in which an agency had unreasonably delayed an action under a statute that provided no deadline (rather than and [sic] agency that unlawfully withheld an action under a statute that imposed a deadline), explained that «a finding that delay is unreasonable does not, alone, justify judicial intervention»»).

Non-judicial foreclosures are generally faster and easier for lenders to execute than the judicial process, which involves a court, along with lawsuits and appeals in some cases.

Whether these safeguards are being properly applied — particularly as to keeping victims informed on each step in a case — is a timely question for the Legislature and for the Supreme Court, which oversees the judicial system.

Saving the Constitution from the Courts By William Gangi University of Oklahoma Press, 326 pages, $ 45 Cases like Roe, Casey, and the recent Romer decision remind us of the degree to which constitutional interpretation has been supplanted by judicial lawmaking.

According to NBCW, the pope's emphasis on mercy in the document, «The Gentle Judge, our Lord Jesus, the Shepherd of Souls», is central to the new procedures which help reduce the time taken to process a case, and assist diocesan bishops to use their judicial power for the good of those in their care.

In such cases, we can either settle the issue by violence, or we can set up some authority to decide the matter, in which case we get judicial authority, of which the paradigm is the court or the judge.

Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market power (legal framework must «level the balance of market power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)

The fact that Telegram Messenger Limited did not fulfill the lawful requirements was confirmed by the decision of the justice of the peace in Judicial Section No. 383 of Meshchansky District of Moscow in case No. 5 - 1794 / 2017 of October 16, 2017, which entered into force on December 12, 2017.

The night is being held to highlight the GOP's «2010 Team,» which, in this case includes Lazio, Bruce Blakeman (US Senate), Harry Wilson (state comptroller), Dan Donovan (AG), Ted Danz (Congress), and several state legislative and judicial contenders.

Kareem argued that, going by numerous judicial authorities, some of which he cited on Wednesday, the development implied that Justice Tsoho's court had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay before it.

Lawyers pointed out that the case would have been much harder to bring if Grayling had already forced through his changes to judicial review, which return to the Lords next Tuesday.

Citing a similar case in which the Supreme Court ruled that the President was not bound by the advice of the Council of State, Yaw Oppong stated that, it was however vital that the President is seen to have sought the advice of the Judicial Council on the issue, as stated by the Constitution.

(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for judicial offices which are to be elected county - wide in New York County, or which are to be proposed for appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.

for the right web address); and later she had recanted her testimony and falsely accused me at somewhere unknown to me (even till today) in the judicial system, which brought into our lives miscarriage of justice, with the collusive help of some cowardice and malicious judicial officers ZZZ / YYY / VVV who hided their real identities from us till today, though I as a victim have challenged them to clarify the case with CONFRONTATION all the time;

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; — to all Cases affecting Ambassadors, other public Ministers and Consuls; — to all Cases of admiralty and maritime Jurisdiction; — to Controversies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States; — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

It is the first case to be heard at the new # 59 million Supreme Court building, which replaces the judicial role of the House of Lords.

No nation develops in the absence of rule of law, in which case her extant laws and judicial structures are respected devoid of sentimentality and grudging impunity.

Asked about the Wandering Dago case and whether the importance of emails can be assessed in 90 days, he said: «There are any number of situations that have arisen in which a record, or for that matter, a judicial decision might appear to be less than significant but would take on additional significance with the passage of time or the occurrence of events.

Bonventre compares the ruling to Chief Justice John Marshall's reasoning in the early 1800's case Marbury versus Madison, which established the right of judicial review.

We have compiled two dozens judicial cases from around the world in which forensic phonetics were controversial.

The report commends programs such as the AAAS Judicial Seminars on Emerging Issues in Neuroscience, which help educate judges on contemporary neuroscience relevant to cases they may encounter in the courtroom.

The alliance is hoping for an early decision from the court on whether to allow a judicial review of the case which they hope could take place before the new year.

Ms. I's judicial success, which was more extensive in dollar amount than legal claims, was relatively unusual in light of case law concerning principal accountability based on school performance.

INDIANAPOLIS — The Friedman Foundation for Educational Choice released the following statement in response to a ruling this afternoon by Eighth Judicial District Court (Clark County, Nev.) Judge Eric Johnson in a case challenging Nevada's education savings account (ESA) program, which has attracted more than 6,000 applications since its inception despite legal challenges preventing the accounts from operating.

For purposes of sections 1404 and 1406 of title 28 of the United States Code, the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

But in this case, the mortgage company can carry out an auction of the property rather than having the sheriff's office or local courts do it, which is what distinguishes it from a judicial foreclosure.

I urge you to buy the book, not so much because I need the money for my end of the case (which I do) but because when a sclerotic and dysfunctional judicial system co-operates with a cynical and fraudulent plaintiff in turning the DC courts into a 21st century version of trial by ordeal, it is more important than ever to push back by disseminating as widely as possible the opinions of him that Mann is trying to suppress.

On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facts.

The protocols promote greater cooperation and early settlement and facilitate efficient case management to control the pre-action behaviour of the parties, performing an important function in filtering out which cases require judicial attention.

Yesterday morning, the court released an opinion (PDF) denying the District's motion to vacate the consent order, which subjects the District's treatment of mentally disabled citizens to continuing judicial scrutiny, and dismiss the case.

The extent to which both parliamentary and judicial control mechanisms will be combined nevertheless remains to be seen and will depend both on how the Court continues its line of James Elliott Construction cases and how many parliamentary recommendations are inserted in the Commission's upgraded standardisation package.

Moreover, the Persons Case itself presents a good case study in social justice, one on which critics of so - called «judicial activism» should reflCase itself presents a good case study in social justice, one on which critics of so - called «judicial activism» should reflcase study in social justice, one on which critics of so - called «judicial activism» should reflect.

(2) The judicial dicta in the cases deciding the ambit and scope of the status of EU citizenship and rights contained therein has established that the telos of the positive law is to establish a fundamental and autonomous status of equality for all Member State nationals which guarantees a set of political and economic rights implemented via secondary legislation;

Professors Deakin and Morris make a similar point that «there remains a strong case for reviewing the band of reasonableness given that it is essentially a judicial addition to the statutory formula and arguably one which has done much to limit the effectiveness of the statutory protection provided to employees, no matter how hallowed it has become with the passage of time».

Thus, while it can not ground a claim by a patient with a rare disease in Canadian courts, it does form part of the background in which judicial interpretation of domestic legislation in, say, an administrative or Charter case, occurs.

The matter was no less urgent because of the General Court's recent order in Cases T - 192 / 16, T - 193 / 16 and T - 257 / 16 NF, NG and NM v European Council, which established that the deal does not count as measure adopted by one of the institutions of the EU for the purposes of judicial review under the Treaties.

That the bill presents a case for judicial consideration arising under the laws of the United States and treaties made under their authority with the Cherokee Nation, and which laws and treaties have been, and are threatened to be still further, violated by the laws of the State of Georgia referred to in this opinion.

The State - supported pilot led by the Directorate of Judicial Services, which is part of the French Ministry of Justice, said it had wanted to examine «these new tools, which have the ambition in the long term to bring a great added value to the magistrates and auxiliaries of justice in the analysis of case - law and, more broadly, to improve the predictability and transparency of judicial decisionsJudicial Services, which is part of the French Ministry of Justice, said it had wanted to examine «these new tools, which have the ambition in the long term to bring a great added value to the magistrates and auxiliaries of justice in the analysis of case - law and, more broadly, to improve the predictability and transparency of judicial decisionsjudicial decisions».

Such cases might be one of the rare situations which merit a judicial award of lump sum alimony (assuming there's enough marital assets to award such alimony) but so far I've never seen a wife argue for such an award.

«National laws do not yet correspond to the realities of the modern world and existing legal cases have clogged the already overburdened judicial system, which has coincided with a steep rise in the cost of legal services and litigation.»

«Based on the limited evidence in the record, the presumptive time periods proposed by my colleagues are unlikely to improve the pace at which the vast majority of cases move through the system while risking judicial stays in potentially thousands of cases,» he wrote.

With HR 993, which would amend the state constitution to create a statewide court specializing in business - to - business cases, Georgia legislators would directly address that lack of confidence by improving judgment predictability, increasing speed, and prioritizing judicial expertise in complex commercial litigation.

Similar expressions, giving specific recognition to the fact that judicial action is to be regarded as action of the State for the purposes of the Fourteenth Amendment, are to be found in numerous cases which have been more recently decided.

Based upon complaints filed by, among others, Washington DC based Judicial Watch, the Commission had sought to remove Judge Kendall from the bench on the basis of criticisms of his bail and sentencing decisions in specific cases, none of which had ever been appealed and each of which was soundly within his legal discretion.

The Unified Judicial System of Pennsylvania, which is the unified state court system for Pennsylvania, annually reports medical malpractice case filing statistics for our state, as well as statistics related to medical malpractice jury and non-jury verdicts by year.

Nothing in the opinion of this Court, therefore, may properly be regarded as an adjudication on the merits of the constitutional issues presented by these cases, which raise the question of the validity not of the private agreements as such, but of the judicial enforcement of those agreements.

For example, I've seen several instances in which lawyers base legal arguments primarily on recent case law located from electronic databases or from judicial consideration of current statute only, without reference to earlier versions of the same provisions.

Though appointed judges write higher - quality opinions, according to the study, elected judges write many more, and thus, the professors attributed the difference in quality to volume (I would also argue that very generally, federal practice attracts more complex cases and a slightly higher quality of lawyer, which also contributes to the quality of the decision since in many cases, a judicial decision is only as good as the briefs on which it is based).

The casus belli, which has prompted the current debate about the EU's judicial architecture, is the increase in the number of new cases brought before the GC (from 398 in 2000 to 912 in 2014); the stock of cases currently awaiting to be decided (1,423 in 2014 and expected to rise to 1,600 in 2015); and finally, the increasing number of actions for damages brought against the EU due to the excessive length of proceedings before the GC on the basis of Article 47 of the EU Charter, which guarantees a right to have cases heard within a reasonable time.