Sentences with phrase «which judicial notice»

Not exact matches

You'll notice, for instance, that they are very much in favor of judicial authority (which includes its enforcement mechanisms, like the police) maintaining law and order, policing the border, and so on.

The only difficulty is that his evidence belies an ignorance of the impact of residual mouth alcohol which is so notorious to the courts, as stated, by Durno, J., that Ducharme, J. is prepared to take judicial notice of it.

When sentencing an Aboriginal offender, courts must consider: (1) The unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts.To do this courts are to take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Aboriginal peoples.

Le Blanc has done some preliminary testing of Employment Foresight, which helps users navigate difficult areas of employment law such as reasonable notice, worker classification, overtime exemptions and work classification by using machine learning to identify hidden patterns in judicial rulings.

However, as evidenced by Jolyon Maugham QC's proceedings before the Irish High Court in the so - called «Dublin case», the explicitly stated objective of which is a preliminary reference on the issue to the Court of Justice, the explicit question of whether notice under Article 50 TEU is revocable may be set to become the next judicial battlefield of the Brexit war.

Is there a point at which the reliability of the machines may be a matter of judicial notice?

And today, Microsoft filed a request for judicial notice of the FRAND part of Judge Posner's Apple v. Motorola decision, which I said before is the best FRAND ruling I've ever seen.

A perceptive follower of the development of the case - law on access to court and justice in general might have noticed that the less willing the Court of Justice to loosen up the constraints in regard of the locus standi for non-privileged applicants, the more generous it seems to be towards the actual acts which can be amenable to judicial review.

CBA membership passed a resolution at the organization's AGM last week that will add to an existing judicial protocol adopted in 2011, which addressed settlement approvals and issuance of notices.

The Court takes judicial notice of the fact that the ratification of the Twenty - first Amendment of the Constitution, which repealed the Eighteenth Amendment, was consummated on December 5, 1933.

As such, it can take judicial notice of other proceedings in courts which «directly relate to matters at issue.»

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.

Massachusetts» Supreme Judicial Court has expanded premises liability to include a broader definition «mode of operation» which relieves plaintiffs from having to prove actual or constructive notice of conditions.

The bill was filed in June, and the pleadings closed in December 1828, so that we have no judicial knowledge of any matters which have arisen since; confining itself, as the court must do, to the pleadings of the cause, and the decree of the court below, we can notice nothing not averred in the bill or answer, nor act on any evidence which does not relate to them.

We have evolved from Mallios v. La Reine, [1978] Q.J. no 380, there Greenberg, J. of the Quebec Superior Court was considering whether the trial judge was in error in taking judicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contjudicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contronotice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a contJudicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a controNotice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a controversy.

Daley, [2008] N.B.J. No. 16: 20 Among the authoritative sources which have been accepted by courts as the proper subject of judicial notice are maps (D'Astous v. Baie Comeau (Ville)(1992), 74 C.C.C. (3d) 73 (Que.

[3] By the time the first judicial review was decided, despite the provisional finding that eight months» notice was appropriate, Dunsmuir had received almost twelve months» pay which the Court of Queen's Bench determined he could keep, [2005] N.B.J. No. 327, para. 85.

We may take judicial notice that the Communist doctrines which these defendants have conspired to advocate are in the ascendency in powerful nations who can not be acquitted of unfriendliness to the institutions of this country.

Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

(Some provinces have very expanded rules which permit a court to take judicial notice of foreign law; Ontario does not have these.)

The trial court ruled that no expert would be required if it took judicial notice that the dictionary was a learned treatise, to which defense counsel again made proper objection and moved for a mistrial, which was overruled.

Essentially, KRE 201 allows judicial notice to be taken of «facts «which can be determined from unimpeachable sources.»

«A judicially noticed fact must be one not subject to reasonable dispute» because it concerns a matter «[g] enerally known» or a matter «[c] apable of accurate and ready determination by resort to sources whose accuracy can not reasonably be questioned» [a] nything which can be «looked up» in an authoritative source is a candidate for this type of judicial notice.

This dicta by the Supreme Court in Hardesty did not discuss the effect of SCR 4.020 (1)(d) which gives the Judicial Conduct Commission «the authority to refer any judge of the Court of Justice who, after notice and hearing is found by the Commission to be guilty of misconduct, to the KBA for possible suspension or disbarment from the practice of law.»

Both numbers are likely to be lower bounds for impropriety that reaches judicial notice, given the number of cases in which prosecutorial missteps are addressed by trial judges, or take place in cases that result in acquittals or are not appealed.

Some of the problems emerge when judicial notice is used for facts which may be disputed by the parties.

At first blush, the doctrine of judicial notice is simple: courts will not require proof of facts that reasonable people consider to be indisputable or which «everybody knows.»

So it surely is a fact of which a court could take judicial notice, aided by the mechanical computations of a reliable observatory.

This being a dispute regarding commercial transactions, a sector of the most active relationships in a growing economy such as that of Kenya — a fact of which we take judicial notice — it is reasonably to be expected that such legal principles as will emerge from the adjudication of the intended appeal will, in time, have a significant recurrence in the incidence of dispute settlement.

If it may be thought that any error was entailed in the Court's perception of jurisdiction, such an apprehension by itself, would not justify the reversal of the Macharia Ruling, a decision which, as we must take judicial notice, will have established itself as a mark of certainty and predictability in the law,... on the basis of which numbers of people will have figured out their rights and expectations.

«We take judicial notice that Kenya, thanks to the relentlessness of the people's democratic struggles, has recently enacted for herself the current Constitution, which assures for every citizen an opportunity for personal security and for self - actualization in a free environment.

The Child Support Guideline Notice of Compliance, which is signed by both parents, documents that the Alabama rules of judicial administration for child support have been met, or if they have not, it sets forth reasons.

A signed statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the Site may be found; and that you will accept service of process from the person (or agent of that person) who provided the Site with the DMCA Notice at issue.