Sentences with phrase «with judicial precedents»

As with judicial precedents developed under the former rules, I expect there will be some seemingly inconsistent judgements dealing with the issue of independent medical exams under the current rules and eventually the BC Court of Appeal will likely weigh in on the issue to bring some clarity to the law.

Not exact matches

Recall that a Federal High Court in Abuja had taken its final decision on the corruption case involving Justice Ngwuta, pointing out that the prosecution in the Justice Ngwuta's case failed to comply with the condition precedent before bringing charges against a judicial officer.

Many times, courts will lift string - cites and parentheticals from other judicial opinions, with a notation such as «cited in...» Is that plagiarism — or precedent?

What I said in relation to that was: «Over time, a minimalist approach to judicial decision making is likely to stultify the growth of the law and leave practitioners with a body of precedent that is very fact - oriented, giving little guidance to how future cases will be decided.»

On August 8, 2017, the state supreme court overturned a 16 - year judicial precedent that had equated the best interests of the child with the best interests of the custodial parent.

As it is so drastic, and in the absence of a direct benefit to the child, judicial approval is unlikely, not least because it could set a precedent for every family with a severely disabled child.

But because of the judicial emergency, the Third Circuit's active judges are now playing a radically smaller than normal role in shaping its precedent: four out of the last five CA3 published opinions were issued by panels with a single active judge and two senior judges.

It is, arguably, a specific instance of the broader question of how the law ought to deal with unusual situations on which precedent is lacking; as I observed here, in a post prompted, in part, by prof. Magliocca's musings on the subject of judicial review of unusual statutes, that broader question is not an easy one.

Moreover, the Supreme Court of Canada recently noted that a full analysis of the standard of review is necessary «if the relevant precedents appear to be inconsistent with recent developments in the common law principles of judicial review» (para. 48).

If the preemption provisions of this regulation do not apply, the covered entity must comply with the requirements or limitations established by such other law, regulation or judicial precedent.

The outcome of the proceedings, however, would have a special significance in the entire judicial system, as it would be a primary precedent guiding the superior Courts dealing with electoral disputes at all levels58.

The bank asked that their appeal be heard because the issue of whether lenders who become owners of residential premises through a judicial process such as foreclosure are responsible for tenants» security deposits arises quite often and the RTDRS therefore had need of a precedent when faced with similar situations in the future.

Although unhappy his client lost his appeal, Luzak's lawyer, Barry Wadsworth of Toronto - based Shell Lawyers, was satisfied with the precedent he says this case has established — that members of RECO who feel they have justifiable grounds upon which to appeal RECO's disciplinary decisions, do have recourse to judicial review.