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The judge in the case disagreed, saying "... in response to the comic book authors ’ request for a preliminary injunction, Judge Martin found that “ While there are substantial differences between the comic books and the television series, a trier of fact could find that it is misleading to represent Chris Carter as the creator of ‘ Harsh Realm ’ without giving adequate recognition to the role and Paquette played in its creation .”
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judge and case
Then, when the case went to the jury, the judge excused one of the jurors, saying the juror had told him he had been accosted by masked men at his motel the night before the trial opened.
Alford was sentenced to thirty years in prison, after the trial judge in the case accepted the plea bargain and ruled that the defendant had been adequately apprised by his lawyer.
" In the 1999 South Carolina Supreme Court case State v. Gaines, the Court held that Alford guilty pleas were to be held valid in the absence of a specific on-the-record ruling that the pleas were voluntary – provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant.
The adversarial system ( or adversary system ) is a legal system where two advocates represent their parties ' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.
As opposed to that, the inquisitorial system has a judge ( or a group of judges who work together ) whose task is to investigate the case.
Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.
This is not the case, and both modern adversarial and inquisitorial systems have the powers of the state separated between a prosecutor and the judge and allow the defendant the right to counsel.
' Although members are asked to confess serious sins to him, unlike the Roman Catholic Church, he is not the instrument of divine forgiveness, merely a guide through the repentance process ( and a judge in case transgressions warrant excommunication or other official discipline ).
In addition to de facto renunciation through apostasy, heresy, or schism, the Roman Catholic Church envisaged from 1983 to 2009 the possibility of formal defection from the Church through a decision manifested personally, consciously and freely, and in writing, to the competent church authority, who was then to judge whether it was genuinely a case of " true separation from the constitutive elements of the life of the Church ... ( by ) an act of apostasy, heresy or schism.
Selig was eager to settle the case because the judge had previously ruled that the Expos could not be moved or contracted until the case was over.
By contrast, in civil law jurisdictions ( the legal tradition that prevails in, or is combined with common law in, Europe and most non-Islamic, non-common law countries ), courts lack authority to act where there is no statute, and judicial precedent is given less interpretive weight ( which means that a judge deciding a given case has more freedom to interpret the text of a statute independently, and less predictably ), and scholarly literature is given more.
Absent such delegation, other ecclesiastical courts, even the Roman Rota, are incompetent to judge a case against a cardinal.
# Contempt " in the face of the court " ( not to be taken literally ; the judge does not need to see it, provided it took place within the court precincts or relates to a case currently before that court );
Outcomes are decided by an impartial judge and / or jury, based on the factual questions of the case and the application law.
Pearson v. Chung, the case of a Washington, D. C. judge, Roy Pearson, who sued a dry cleaning business for $ 67 million ( later lowered to $ 54 million ), has been cited as an example of frivolous litigation.
The Chief Justice of Victoria is ex-officio the Administrator, unless he or she is the Lieutenant-Governor, in which case, the next most senior judge is the Administrator.
" After much argument, the judge resolves the case by marrying the lovely plaintiff himself.
This may include the impeachment of the vice president, although legal theories suggest that allowing a defendant to be the judge in his own case would be a blatant conflict of interest.
They are often the subject of discussion of the case, how they will decide who is guilty, and are given by the judge in order to make sure their interests are represented and nothing prejudicial is said.
An iudex then would judge a remedy according to the facts of the case.
Karl Llewellyn, another founder of the U. S. legal realism movement, similarly believed that the law is little more than putty in the hands of a judge who is able to shape the outcome of a case based on personal biases.
* In most common law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law.
In January 1909, the Supreme Court refused to hear the case, and in a new trial before another judge ( Landis recused himself ), Standard Oil was acquitted.
In a court case, the parties obtain a resolution, but control resides with the judge or jury.
judge and disagreed
Critics sometimes accuse particular judges of applying the doctrine selectively, invoking it to support precedent that the judge supported anyway, but ignoring it in order to change precedent with which the judge disagreed.
The Assembly and Council disagreed on the fourth deputy judge, but Frederik Beichmann of Norway was eventually appointed.
When Davis was inaugurated, he said, regarding Proposition 187, " I'm a governor, not a judge " and vowed to uphold all of the laws of the state, even the ones with which he personally disagreed.
Ferguson told a judge he questioned Falanga's integrity, disagreed with his handling of the case and had no intention of cooperating with him.
Chief Justice Vaughan, sitting on the Court of Common Pleas, discharged the writ, released them, called the power to punish a jury " absurd ", and forbade judges from punishing jurors for returning a verdict the judge disagreed with.
Menon J. C. also disagreed with both Lord Goff in Gough and Phang J. C. in Tang Kin Hwa in that he thought the shift of the inquiry from how the matter might appear to a reasonable man to whether the judge thinks there is a sufficient possibility of bias was " a very significant point of departure ".
The judge disagreed and denied the defense motion.
) The judge disagreed with that assertion, however, and the SFUSD was given two years to pay the fine.
His co-defendants vehemently disagreed with this decision, and the judge warned Persico that he would be waiving " incompetent counsel " as the grounds for an appeal.
OLG maintained that it wasn't their responsibility that they had been tricked into naming the wrong winner ; in 2004, a judge disagreed, and forced OLG to give Edmonds his money.
The Court, however, disagreed with the damages given by the trial judge as there was no profit directly resulting from the invention itself.
Morland and his lawyers disagreed on all points, but the injunction was granted, as the judge in the case felt that it was safer to grant the injunction and allow Morland, et al., to appeal, which they did in United States v. The Progressive, et al.
Following the decision, some legal scholars disagreed with the Supreme Court's decision: " If the U. S. Supreme Court rules that an ' appearance of impropriety ' such as to require recusal by a judge may be determined by forces external to the judge's own conscience ... it will place our system on a slippery slope that knows no boundaries.
Although every judge along the way disagreed with California ’ s position, a number of states with similar interests joined in the legal battle.
judge and saying
It is never revealed what his sentence for the crime will be but his lawyer is overheard saying that no judge will give him " more than three to five ( years )" and that she will try and get it dropped to two.
E. A. Ramsey, the municipal judge, agreed with Patton, saying that the stretch of highway in which the speed trap was located was not in the corporate limits of Patton Village.
Finally on July 7, 2006, the federal judge, Ellen Carroll, ordered a bankruptcy trustee takeover of Suge Knight's Death Row Records, saying the record label had undergone a gross amount of mismanagement.
Lamarr later sued the publisher, saying that many of the anecdotes in the book, which was described by a judge as " filthy, nauseating, and revolting ", were fabricated by its ghost writer, Leo Guild.
The judge was quoted as saying the speed seemed " very excessive " at 180 km / h but did not look " as bad " at 112 mph ; a reduced fine was still imposed on the speeding driver.
Democrats had taken issue with Roberts ' refusal to answer certain questions, saying Ginsburg had made her views very clear, even if she did not comment on some specific matters, and that because of her lengthy tenure as a judge, many of her legal opinions were already available for review.
In 2004, a judge ruled in favor of Palm, saying Xerox's patent was not valid on the basis that " prior art references anticipate and render obvious the claim.
Twice the judge ( in fact King Constantine of Greece ) had removed the hat, saying this was a practice of professionals.
The judge, however, ruled against Blanc, saying that he had failed to copyright his voice or contributions.
In that 2004 case, a federal judge ruled against the cheese co-op, saying that Tillamook County Smoker could register its name as a trademark.
Testifying in court was also difficult ; George Fox, Quakers ' founder, famously challenged a judge who had asked him to swear, saying that he would do so once the judge could point to any Bible passage where Jesus or his apostles took oaths.
Just a few days before the verdict was read by the judge before the court, Vladimir Putin made public comments with regard to his opinion of Khodorkovsky's guilt, saying " a thief should sit in jail.
In Italy a judge threw out a Sony case saying it was up to owners of a console what they did with it.
In 2000, the stenographer at the Abu-Jamal trial, Terri Maurer-Carter, signed an affidavit stating that during the trial she overheard the judge saying of the defendant, " Yeah and I'm gonna help ' em fry the nigger.
In lay terms, a judge who " sustains " a demurrer is saying that the law does not recognize a legal claim for the facts stated by the complaining party.
James was held in custody on charges that he made small bombs on the farm but was released without charges on May 24, with the judge saying there was no evidence he was a danger to others.
However, the judge did not allow them to do so, saying that the defense had not shown that any of these people committed acts in furtherance of the conspiracy.
He has said that one of his guiding principles has been nullius in verba ( take nobody's word, the motto of the Royal Society ), saying that " if scientists as a whole denounce an idea, this should not necessarily be taken as proof that the said idea is absurd ; rather, one should examine carefully the alleged grounds for such opinions and judge how well these stand up to detailed scrutiny.
The Comics Journal reacted to this by saying that this revealed some flaws in the Ignatz nomination system, but Cho defended his decision by explaining that few of the submissions he received as a judge were deserving of nomination, and that the Ignatz coordinator he consulted instructed him to use his own judgment, as there were no rules against self-nomination.
" After a federal judge stopped implementation of most of SB 1070, Grijalva withdrew the boycott, saying that he had reacted to it “ very personally .” In an interview regarding the situation, Grijalva said that “ to all of a sudden have a law that separates me from the whole, I found very offensive and demeaning .”
In 2006 Baird commented that in calculating the sentence of a sex offender the judge had been too lenient ; she retracted the comments after her boss Lord Falconer supported the judge saying the fault lay not with the judiciary but with sentencing guidelines.
Judge Thomas C. Hastings proceeded with the formality of the death sentence, saying " Mr. Davis, this is always a traumatic and emotional decision for a judge.
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