Sentences with phrase «with error of law»

City lawyers last week asked Judge Shira Scheindlin to hold off on implementing the reforms she ordered to the NYPD's stop - and - frisk policy, warning that that the restrictions could lead to a huge spike in crime and saying her ruling against stop - and - frisk was «rife with errors of law

Not exact matches

Jennifer Moreno, a staff attorney with the Berkeley Law death penalty clinic, said that by choosing to use midazolam, Arkansas had opted for a protocol that had no margin of error.
Albert Camus's essay «Reflections on the Guillotine» cites a 19th - century French jurist's application of the law of probability to the chance of a judicial error with a result of one innocent man's being condemned in every 257 criminal cases.
The OT was not in error, it simply clarified how Christians should abide in the law of the land at that time, without breaking their covenant with God.
Following failed mediation with the Department for Education in November, the threat was resumed, and in December, the Treasury Solicitors declared that as the diocesan guidance is not silent on the matter, there is an arguable error of law, and so the entire decision must be quashed and re-done.
«With regard to the non-complaint errors in respect of which our client expressed its inability to accept your client's nomination papers however, we have been instructed by our client that it was impossible to comply with strict time period specified by rules within which your clients are by law permitted to amend or alter their nomination papers to comply with the requirements of the law regulating same, especially that your clients presented their nomination papers a day to the expiry of the nomination period, although your clients and all candidates were urged to submit their nomination papers as early as possWith regard to the non-complaint errors in respect of which our client expressed its inability to accept your client's nomination papers however, we have been instructed by our client that it was impossible to comply with strict time period specified by rules within which your clients are by law permitted to amend or alter their nomination papers to comply with the requirements of the law regulating same, especially that your clients presented their nomination papers a day to the expiry of the nomination period, although your clients and all candidates were urged to submit their nomination papers as early as posswith strict time period specified by rules within which your clients are by law permitted to amend or alter their nomination papers to comply with the requirements of the law regulating same, especially that your clients presented their nomination papers a day to the expiry of the nomination period, although your clients and all candidates were urged to submit their nomination papers as early as posswith the requirements of the law regulating same, especially that your clients presented their nomination papers a day to the expiry of the nomination period, although your clients and all candidates were urged to submit their nomination papers as early as possible
That the Apex Court agreed with the Commission that the High Court committed an error of law apparent on the face of the record by holding that the Commission did not fix a nomination period.
According now to two separate modeling analyses published in Science, this error would lead to the loss of most of the world's natural forest because clearing those forests for bioenergy becomes one of the cost - effective means of complying with laws to reduce greenhouse gas emissions.
This is a controversial idea, and there are perceptions that variable weight loss with isocaloric diets would somehow violate the laws of thermodynamics and that there must be some experimental error.
This is best achieved through random assignment to treatment conditions, which assures (within the margin of error associated with the sample size) that differences between groups of subjects other than their experience of treatment are evened out by the laws of chance.
It is an exciting development for Metropolitan Nashville Public Schools, and one that comes after several years of trial and error with a new charter school law.
If any errors or defects should occur with LEGO Education products, you may claim remedy in accordance with statutory law on the sale of consumer goods.
Under no circumstances will Carphone Warehouse (or its parent, subsidiaries and affiliated companies) be liable (unless such liability can not be lawfully excluded) for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in the Incentive Promotion and it excludes liability, to the fullest extent permitted by law for any loss or damage caused to participants arising out of these rewards.
It goes about this by doing one or more of the following: negotiate with your lenders, dispute the items, fix any errors or go after any legal loopholes within credit repair law.
It's 100 % legal & works faster than any other method by leveraging the law in your favor & doing 90 % of the work; order free credit reports, remove errors, dispute negative items with removal letters written by attorneys, negotiate with creditors & keep organized.
But the creditor must apply these tests fairly, impartially, and without discriminating against you on any of the following grounds: age, gender, marital status, race, color, religion, national origin, because you receive public income such as veterans benefits, welfare or Social Security, or because you exercise your rights under Federal credit laws such as filing a billing error notice with a creditor.
If your account is subject to a Document Copy Fee, except as limited by applicable law, a fee may be charged to your account for each copy of a sales draft or statement that you request (except when the request is made in connection with a billing error made by the Credit Union).
The law exempts applicants that perform home inspections for residential buildings located outside the corporate limits of any city or located in a city with a population under three thousand from being required to carry errors and omissions insurance in the amount of $ 100,000.
The CDC strongly recommends against breed - specific laws in its oft - cited study of fatal dog attacks, noting that data collection related to bites by breed is fraught with potential sources of error (Sacks et al., 2000).
Under no circumstances will the sites or the Chopra parties be liable to you for any loss or damages of any kind that are directly or indirectly related to the sites, the materials in the sites, the downloadable items, user content, your use or inability to use, or the performance of the sites, any action taken in connection with an investigation by the sites or law enforcement authorities regarding your use of the sites, and action taken in connection with copyright or other intellectual property owners, any errors or omission in the sites, technical operation, or any damage to any users computer, hardware, software, wireless devices, cellular phone, modem or other equipment or technology, including without limitation damage from any security breach or from any virus, bugs, tampering, fraud, scam, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, even if foreseeable or even if the sites or Chopra parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.
Not just understand it well enough to say lots of nifty words about it — well enough to start from the basic empirical laws and principles and derive and demonstrate nearly the whole thing through the introductory classical level at the blackboard, without notes, as I do several times a year in front of several hundred very bright students a year, working with a team of Ph.D. physicists who are my co-instructors (with perhaps a century of teaching experience between us who, one would think, would correct my errors if I made any egregious ones along the way).
Detecting errors by law firms that uploaded invoices with default higher billing rates, instead of pre-negotiated discounts, saved thousands of dollars.
At the Virginia Beach law firm of Bennett & Sharp, PLLC, our attorneys work with our clients to hold doctors, nurses and other health care workers accountable for errors that cause a child to suffer a birth injury.
The law is currently in error with respect to this area, stating that only a low level of capacity is required for marriage.
Really understand the law, the standard of review, and tests that deal with your issues — and you need to make sure you don't forget to pay attention to the floodgate arguments such as standing, jurisdiction, invited error, waiver, and so on, which you can only be called «sloppy» by not paying attention to.
One can attach the label «jurisdictional error» to this list, but the contents of the list are of greater practical importance: hence the emergence shortly afterwards of Lord Diplock's GCHQ typology of legality, rationality and procedural propriety; * and the notion that public law is concerned with controlling «abuse of power».
First, the demise of the distinction between jurisdictional and non-jurisdictional error of law, along with the eradication in Ridge v Baldwin of the distinction between quasi-judicial and administrative decisions, paved the way for the development of a unified set of principles — of legality, rationality and procedural propriety — of judicial review of administrative action.
Although this appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the facts.
Stuart is a partner of Fillmore Riley LLP and practises primarily in the areas of civil litigation and insurance law, with an emphasis on commercial liability insurance, general insurance defence matters, aviation law, professional errors and omissions insurance, life and disability claims, product liability, fire claims, and coverage disputes.
Rather than equating the FSA's reliance on the privileged material with the public law concept of taking into account an irrelevant matter, the judge held that it was more accurate to consider the error as equivalent to a judicial or administrative body acting, in part, on inadmissible evidence.
At The Gertler Law Firm, we provide the very highest quality legal representation to families dealing with the aftermath of medical errors and negligence.
This line of argument, then, seems to lead to a duty — under EU law — to interpret treaties in accordance with international law: after all, the GC's legal interpretation of the Agreement in which it failed to take international law into account led to an error in law.
What a sad state of affairs that we live in one of the «freest» countries in the world but yet the current laws have deemed those who have made an error in judgement (certain individuals with criminal records) unworthy of their own freedom.
After testing Avvo, McCullagh found it «riddled with bizarre errors, profiles of attorneys who have been dead for more than a century and inexplicable scores in which some felons received better ratings than law school deans and internationally renowned litigators.»
There was no error of law which would justify interfering with the tribunal.
And would there be likely to be instances where a mistaken text led to such an accepted «wrong» understanding of the law that lawmakers have been compelled to go along with it once the error was discovered?
These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.
The Chief Justice: «The defence of officially induced error of law is intended to protect a diligent person who first questions a government authority about the interpretation of legislation so as to be sure to comply with it and then is prosecuted by the same government for acting in accordance with the interpretation the authority gave him or her.
If you or a family member was injured in any way as the result of a prescription error, an Orange County medical malpractice attorney at our law firm can help you by discussing your legal options with you and helping you determine what can be done to address this matter immediately in order to seek the best possible resolution.
With respect to the «adult industry» stream, the Court of Appeal found no palpable and overriding error of fact or an extricable error of law in the Trial Judge's reasons: «In our view, there was evidence in the record to support the trial judge's findings and we see no basis upon which this court should interfere with respect to the adult stream.&raWith respect to the «adult industry» stream, the Court of Appeal found no palpable and overriding error of fact or an extricable error of law in the Trial Judge's reasons: «In our view, there was evidence in the record to support the trial judge's findings and we see no basis upon which this court should interfere with respect to the adult stream.&rawith respect to the adult stream.»
The law in British Columbia is however clear, unless it could be said that, on the evidence properly adduced, it was not open to him to conclude as he did without making what is said to be a palpable and overriding error, the Court of Appeal can not interfere with the decision of a trial judge.
Justice Ball rejected such thinking out - of - hand, noting that to agree with such a notion «would be a profound error of law and would impugn the impartiality of the court.»
But when a party is unhappy with the result they will challenge the process any way they can — usually alleging arbitrator bias, misconduct or some over-riding error of law.
My own attempt, by email, to suggest to the offending editor the error of her ways (by quoting the statute and referring her to two resources), resulted in an angry rebuff, in which I was accused of practicing law without a license, told that my email would therefore be forwarded to the Attorney General and the paper's lawyer (who it was implied had okayed their statement denying Fair Use rights), and threatened with hearing from said lawyer, should I take any of their materials.
Contrasting the differences between the chaotic and error - ridden early days of Clinton's presidency with Obama's smooth and «brutally efficient,» transition, Scheiber concludes that part of the explanation for the difference «lies in the elite institutions that socialized them — namely Harvard and Yale, their respective law schools.»
The judge commented that from the three often quoted cases of Page v Hewetts Solicitors [2013] EWHC 2845 (Ch), Lewis v Ward Hadaway [2015] EWHC 3503 (Ch), and Bhatti v Asghar [2016] EWHC 1049 (QB), dealing with the question whether a party could lose his rights to bring a claim or to make an application because of an error in the court office, case law had developed a «somewhat hard edged principle».
Connecticut business litigation lawyer & attorney Neyah Kane Bennett of Aeton Law Partners LLP, offering services for non-compete agreements, breach of contract, interference with contracts, severance packages, home improvement lawsuits, partnership and business disputes, cyber liability, privacy laws, data loss, technology errors, domain name disputes, defamation, slander, trade secrets, non-disclosure agreement, copyright infringement, software licensing, shareholder rights, business fraud, uniform commercial code, serving Hartford, Middletown, Glastonbury, East Hartford, Manchester, Wethersfield, Windsor, South Windsor, New Haven, Waterbury, Meriden, Rocky Hill, Berlin, Enfield, Bloomfield, New Britain, Southington, Bolton, Vernon, Rockville, New London, Milford, Bridgeport, West Hartford and the state of Connecticut.
With our decades of experience in this complicated field of personal injury law, our medical malpractice attorneys are uniquely equipped to help after you've suffered an injury due to a surgical error.
As the appellant, if you believe a judge misapplied the law or legal precedent, improperly excluded favorable evidence or testimony, improperly admitted damaging evidence or testimony, allowed procedural errors to go forward at trial, or made other errors during the process of your case, I will examine the facts and provide you with an objective legal opinion before proceeding with the appeal.
The Houston law firm of Davis & Davis offers straightforward answers and down - to - earth legal advice with determined and aggressive representation to individuals and families throughout Texas who have suffered as a result of a doctor's mistake, a surgeon's error or any other form of medical negligence or malpractice.
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