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5 Apr 2015, 3:52 pm
The County Court is a court of limited jurisdiction and may act only as provided by the New York Constitution or by act of the Legislature within the limitations of the Constitution (see NY Const, art VI, § 11; Judiciary Law § 190; Matter of Russell v Clute, 222 AD2d 980 [3d Dept 1995]; People ex rel. [read post]
3 Apr 2015, 11:28 am
It may well be that in some cases other considerations may prove to be relevant. [read post]
2 Apr 2015, 1:30 pm
If this type of special advocate were created by legislation, here is just a snapshot of what it would mean: We would be providing greater ability to challenge surveillance to foreign intelligence targets, than to subjects of criminal investigation domestically, for whom wiretap applications are approved in camera ex parte by district court judges and magistrates. [read post]
2 Apr 2015, 10:06 am
In February 2013, Ellis filed a petition for a "stalking ex parte temporary protective order," claiming that some of the posts amounted to stalking and cyber-bullying. [read post]
2 Apr 2015, 5:35 am
Any deliberation on the fundamental question of when and how CSIS can be authorized to violate Charter rights will be conducted in an ex parte and in camera warrant proceeding. [read post]
2 Apr 2015, 1:00 am
There’s still time for ex-pat Kiwis to lobby the Minister of Justice. [read post]
1 Apr 2015, 8:00 am
If you do not do so, then your ex just may have an unexpected payday someday. [read post]
1 Apr 2015, 6:53 am
” Equity, said the Court, is the source of cases like Ex Parte Young, now the leading precedent permitting suits seeking constitutional injunctions against state or federal officials. [read post]
1 Apr 2015, 5:11 am
After the patents emerged from the ex parte re-examination, Inttra moved to lift the stay. [read post]
31 Mar 2015, 6:04 pm
You may have reason for pursuing a claim from a negligent driver and/or the automaker, seller, or distributor. [read post]
31 Mar 2015, 1:08 pm
And here’s an excerpt of Ex parte Waldrop (Ala. 2002), which generally upheld the Alabama scheme: Waldrop also claims that Ring and Apprendi require that the jury, and not the trial court, determine whether the aggravating circumstances outweigh the mitigating circumstances. [read post]
31 Mar 2015, 12:28 pm
The lead agency may appropriately look at the neighborhood to determine unusual circumstances. [read post]
31 Mar 2015, 5:57 am
” The limited evidence in the record shows that Chan and others posted a lot of commentary to his website about Ellis, but it fails for the most part to show that the commentary was directed specifically to Ellis as opposed to the public. [read post]
31 Mar 2015, 2:48 am
Assuming that B&B/Hargis is applicable in an ex parte context, is this a good example of a case where issue preclusion would not apply in an infringement action? [read post]
30 Mar 2015, 12:18 pm
Plaintiffs' counsel may then use the information learned from the ex parte contacts to tailor deposition questioning. [read post]
30 Mar 2015, 2:46 am
Mattel makes everyone’s favourite word-forming board game, Scrabble (although this ex-Kat prefers Bananagrams). [read post]
30 Mar 2015, 1:07 am
As part of the operational land of the Harbour, West Beach is subject to the statutory provisions and the Byelaws. [read post]
29 Mar 2015, 4:02 pm
Canada In the case of Self v Baha’i 2015 NSSC 94 the Supreme Court of Nova Scotia discharged a cyber protection order which had been made ex parte, holding that a finding of cyber-bullying required proof of malice. [read post]
28 Mar 2015, 7:19 pm
Upon the death of my said wife, the then principal of this trust, if any, is to be paid out and distributed as my wife may appoint by her last Will and Testament (specifically referring to this power of appointment) outright or otherwise, in favor of her estate or any appointee or appointees. [read post]
27 Mar 2015, 9:55 am
The Court granted cert. in the four-time relist, adding an additional question that may explain the Court’s delay in granting cert. [read post]
