County amends lawsuit Mar 28, 2008
Attorney James Walker with Triplett, Woolf and Garretson, LLC of Wichita, argues for an appeal of the decision to the Kansas Supreme Court to settle a controlling question of law, on the ground for difference of opinion, and to advance the ultimate termination of the case. All three of those findings are justified here, Walker states in his appeal, filed Tuesday, March 25 in Sumner County District Court. (Wellington Daily News, KS)
Are our parking rules fair? Mar 6, 2008
The question of law is what are the boundaries of the "zone" and was the person who parked the car made aware of the Parking "zone" be either notice or diagram when and where they parked the car. Posted by: fenn007 on March 6, 2008 10:03 AM. (Sydney Morning Herald -- Australia)
Ex-GOP official acquitted in phone-jam case Feb 22, 2008
"There is little point in extended discussion here because the issue is close and it is purely a question of law which, as a practical matter, will ultimately be decided by the Court of Appeals," he wrote. "The call still remains a close one.". (MSNBC -- Politics)
Measure J overturned by SLO County judge Feb 2, 2008
The issue before this court is purely a question of law. Picquet said Measure J wasn't within the allowable scope of an initiative because it went against the state's Aeronautics Act, which requires implementation of land use planning and land use decisions with affected local agencies. (Santa Maria Times)
Court allows free speech on private malls Dec 26, 2007
The case settled a question of law and involved no monetary awards or fines. The dispute began Oct. 4, 1998, when about three dozen union members from the newspaper's press room handed out leaflets in front of what was then Robinsons-May department store in Fashion Valley. (San Diego Union-Tribune)
Greenland trespass case in court Dec 20, 2007
Sgt. Dawn Sawyer of the Greenland Police said the case comes down to a question of law rather than whether Planning Board vice chairwoman Deborah Beck was at Bourassa Paving, a business that was owned by her longtime partner until his death in a car accident on Route 33 in August 2006. Beck doesn't deny she went to Bourassa's business. (Seacoast New Hampshire)
Sycamore woman gets life in prison Nov 22, 2007
This is not just a question of law. Life in prison is what the defendant deserves. (DeKalb Daily Chronicle, IL)
Situation in Nandigram grave, says Congress Nov 17, 2007
Referring to Naxalism, which the Prime Minister had described as the most serious challenge for internal security, she said the party has always viewed it as a question of law and order as well as a social issue. "Therefore to fight extremism, administration in tribal areas should be more sensitive and focused on development," she said, adding more attention should be paid on issues of land ownership and forcible occupation of land. (India Times, India -- Community News)
Court overturns $1.5 million judgment in American Beauty murder case Oct 20, 2007
"It's a question of law, not an issue of fact.". De Villers' family argued that the county failed to do a background check on Rossum ---- a recovering drug addict with a juvenile drug arrest ---- before hiring her. (North County Times)
Aditya Trivedi: Patent law Oct 6, 2007
The HC gave its ruling purely on a question of law. The facts of it proving to be a bad patent were left to the Patent Controller to decide. (India Times)
Man files appeal in pregnant chase case Oct 2, 2007
The appeal also argues that the case raises a novel question of law and that there could be conflicting decisions in New Hampshire courts. . (Seacoast New Hampshire)
Court rules firing unfair Sep 26, 2007
he decision by Judge Melissa Owens Lassiter was most appropriate, said McGuinness, he question of law drives the conclusion that (the Highway Patrol) may not discriminate in imposing discipline. The judge had to apply the existing law to the facts of this case, and it was a very thorough, analytical and honorable decision. (Lenoir News Topic, NC)
STANBIC's mendacity must stop! ADB is NOT for sale! Sep 16, 2007
Feature Article of Sunday, 16 September 2007. Feature Article of Sunday, 16 September 2007. (Ghana Web, Ghana)
Giuliani: Clinton Smeared Gen. Petraeus Sep 15, 2007
"Congress tried to make it a crime, but didn't make it a crime, so that's a question of law, not political rhetoric or political spinning or political position.". He quickly changed the subject. (Newsmax)
Political Insider: Giuliani attacks Clinton in Atlanta Sep 14, 2007
The Congress tried to make it a crime, but didn t make it a crime, so that s a question of law, not political rhetoric or political spinning or political positioning ... The Congress tried to make it a crime, but didnt make it a crime, so thats a question of law, not political rhetoric or political spinning or political positioning. (Atlanta Journal-Constitution -- World)
Giuliani, in Atlanta, defends Petraeus after Clinton remark Sep 14, 2007
"That's a question of law, not political rhetoric or political spinning or political positioning.". The Republican candidate was responding to an article published in Thursday's editions of the Washington Times, in which he was quoted as saying illegal immigration shouldn't be classified as a crime "because the government wouldn't be able to prosecute it. "We couldn't prosecute 12 million people," he said in the article. But because of his experience growing out of the Sept. 11 attacks, Giuliani... (Atlanta Journal-Constitution -- World)
Jones v Garnett : Overview of the final judgment By Nichola Ross Martin Jul 26, 2007
A question of law and precedentthe lead judgement presumably provides the precedent. what is to made of concurring judgements from the other LoA. (Accounting Web, UK)
A question of law Jul 21, 2007
Leave Texas border agents in jail, for now. The question of the hour: Do imprisoned ex-Border Patrol agents Ignacio Ramos and Jose Compean, who were convicted of shooting an unarmed man along the U.S.-Mexican border in 2005 and then covering it up, deserve to have their sentences commuted or perhaps be given a full pardon. (San Diego Union-Tribune -- Opinion)
Apex court ruling gives BPOs more leeway Jul 10, 2007
The Supreme Court ruling today on captive business process outsourcing units has settled an important question of law, while leaving some others open. Stating this, revenue department officials said the ruling would encourage parent companies to send executives from abroad for short tenures to assist their Indian outfits. (Business Standard)
Region 12 Seeks Court Ruling on Voting on School Choices Jun 27, 2007
"The actions of the Town of Bridgewater will prevent Regional School District No. 12 from fulfilling its state-imposed obligations," avers the lawsuit, adding that "the Town of Bridgewater's position that it will not comply with a notice to hold a referendum . . . creates an actual and substantial question of law that must be resolved.". So the school board sued to get resolution. (Voices, CT)
Lords to look at legality of Iraq war Jun 18, 2007
"The legality of the war on Iraq - the most important question of law of our generation - remains unresolved by any court or other independent and authoritative body in the United Kingdom," begins the petition which persuaded the judges to let the appeal go ahead. The petition was drafted by two of the country's leading human rights QCs - Rabinder Singh of Matrix chambers, where Cherie Booth QC practises, and Michael Fordham of Blackstone chambers, the stable that includes Lord Woolf, the former... (Guardian Unlimited)
SC reserves verdict Jun 12, 2007
New Delhi, June 11 The Supreme Court today reserved its verdict on an important question of law pertaining to the constitutional validity of appointing a person as chief minister who is an MP but not contested the Assembly elections ... He said not only an important question of law was involved in the matter, but it also dealt with the constitutional propriety that a person appointed chief minister in such circumstances should continue to hold his membership of Parliament till elected to the... (The Tribune)
Supervisor Ed Jew turns over residency records Jun 9, 2007
He typically does not return home until very late in the evening," the statement said. Jew is fighting legal battles on two fronts -- a city attorney residency probe that could cost him his job and the federal criminal investigation that could send him to prison. Jew has admitted receiving a $40,000 cash payment from businessmen who were having problems with the city permit process. Jew said he only accepted the money because he believed it was owed to a political consultant to whom he said he... (San Francisco Chronicle -- Politics)
Halbach court battles not over Apr 27, 2007
The Supreme Court takes only about 10 percent of the cases it receives, and then only if they present some unique question of law or a recurring problem in cases, Geske said. Most criminal cases don t wind up there, she said. (La Crosse Tribune, WI)
Judge: Russo must go to jail Apr 7, 2007
"Based on the foregoing, the Court is unable to conclude that the issues upon which Russo intends to base his appeal 'raise a substantial question of law or fact likely to result in reversal (or) an order for a new trial,'" DuBose wrote. The Press-Register could not reach Russo's lawyer, Michel Nicrosi, for comment Friday. (Shoals TimesDaily)
Trumpeter Driscoll Reports to Prison Mar 16, 2007
Collier's order denying bond said Driscoll's arguments to remain free failed to "raise a substantial question of law or fact" likely to result in reversal, a new trial, a sentence that does not include imprisonment or a reduced sentence. Copyright. (Orlando Sentinel -- Entertainment)
Trumpeter Driscoll in prison Mar 15, 2007
Collier's order denying bond said Driscoll's arguments to remain free failed to "raise a substantial question of law or fact" likely to result in reversal, a new trial, a sentence that does not include imprisonment or a reduced sentence. 2007 The Associated Press. (The Palm Beach Post)
Texans for Lawsuit Reform Applauds Court Modernization Bill Mar 7, 2007
SB 1204 gives the Texas Supreme Court full discretion to take any appeal that it deems presents an important question of law. This will enable the Supreme Court to bring more coherence and consistency to the State's case law. (Primezone Releases)
Law Council not convinced of US military commission fairness Mar 2, 2007
"There's no senior lawyer or professor of international law in Australia who is currently saying that this offence is not retrospective, so who would your listeners accept on a question of law - the Prime Minister or professors of law and leading QCs in this country.". Shadow attorney-general Kelvin Thomson says the Prime Minister must insist Hicks be tried in accordance with international legal standards. (ABC News Online, Australia)
Scrushy Attorneys File Motions Requested by Magistrate Judge Feb 14, 2007
Defense attorneys argue similarly that Elmore's "legal opinion...that the JSSA and the Middle District Jury Plan have not been substantially violated," is a legal opinion of Mr. Elmore, and he is not qualified to render an opinion on a question of law. " The attorneys go on to question Mr. Elmore's inclusion of data related to "the racial composition of 28 civil jury pools" saying "all of the evidence submitted to this Court in the evidentiary hearing on the jury challenge pertained to... (WSJA.com, AL)
State briefs Feb 14, 2007
In an opinion dated Feb. 7, Faber concluded that Grahams appeal does not raise a substantial question of law or fact that could lead to a reversal of his conviction. Graham originally was supposed to start serving time Feb. 5. (Charleston Gazette, WV -- News)
Trai, BSNL interconnect row referred to constitution bench Feb 8, 2007
A bench comprising Justice HK Sema and Justice BS Reddy, after hearing the pleas of the Telecom Regulatory Authority of India and BSNL, referred the matter to a Constitution bench, as it involves a substantial question of law. Trai, through its counsel Sanjay Kapur, has said that it has the power to fix the terms and conditions of interconnectivity between service providers in respect of all licences. (India Times)
'Progress' in N Korea-US talks Jan 19, 2007
The US is now holding direct talks with the North on the issue, when it previously said its drive to isolate the North's financial system was a question of law enforcement and was non-negotiable. Mr Hill is now back in East Asia to prepare the ground for another round of six-party talks, which bring together North and South Korea, China, Japan, Russia and the US, and are aimed at persuading Pyongyang to scrap its nuclear ambitions. (BBC News -- Asia-Pacific)
Nigeria: Court Confirms Atiku in Office Pending Case Jan 13, 2007
He said that since the issue is a substantial question of law, the plaintiff has no objection to it being referred to the apex court in the case of Adesanya and the Federal Government of Nigeria, which favoured referral. The senior advocate said that since the court was aware of the relief sought in the Summon, it was better for a consequential order to be made to direct parties to maintain status quo, that is, recognising Atiku Abubakar as the vice president of the country. (allAfrica.com)
Nigeria: Atiku's Case Set for Nation's Top Court Jan 11, 2007
Citing the cases between Adesanya Vs Federal Republic of Nigeria and Governor of Lagos State Vs Chukwuemeka Ojukwu, he said the issue at stake involved substantial question of law and constitution, hence he would not object to the proposal. "This issue before the court involves substantial question of law. We have no objection to the court referring the case to the Supreme Court for determination once and for all."This will save time and cost and parties would also be spared the pain of... (allAfrica.com)
Kline accused of ethics violation Dec 22, 2006
"In terms of the question of law, this is a really minor issue. I think I'm going to demonstrate to the commission that there was no violation.". Although governors and legislators have been fined for violations, Kline is the first attorney general. (Topeka Capital-Journal -- News)
Mediator, judge adjourning Dec 14, 2006
When a statute or preceding ruling doesn't cover a question of law, a judge must decide a case based on common law tradition, consistency with legal history and values, and his or her best judgment. "You put together what is the next logical step. What I hope I've contributed is sound, intellectual, well reasoned," Bullock said. (Topeka Capital-Journal -- News)
Appeal rejected, ex-driver to hang Dec 13, 2006
No question of law has been raised which necessitates written grounds to be given after this. . (The Star Online, Malaysia -- News)
Laws, Price gay sledge appeal blocked Dec 12, 2006
The panel rejected Mr Debus's claim, finding the ADT did have power to consider any question of law relating to its jurisdiction. However, the NSW Court of Appeal today ruled in favour of Mr Debus, declaring the Tribunal had no power to consider the constitutionality of section 49ZT.. (Sydney Morning Herald -- Entertainment)
Former bus driver to hang for rape and murder Dec 12, 2006
No question of law has been raised which necessitates written grounds to be given after this, said Justice Abdul Hamid Mohamad who chaired the panel. The other members on the Bench were Justices Alaudin Sheriff, Arifin Zakaria, Abdul Aziz Mohamed and Azmel Maamor. (The Star Online, Malaysia -- News)
Despite convictions, Rigases live in the lap of luxury Dec 4, 2006
The fact that they were released shows that they "raised a substantive question of law" that could lead to the reversal of their conviction, O'Donnell added. Attorneys for the Rigases spelled out that question at a hearing before a three-judge federal appeals panel on June 13. (Buffalo News)
Lawyers warned Eden that Suez invasion was illegal Dec 1, 2006
He wrote: "I am advising the prime minister to ask his colleagues to avoid in future speeches any further reference to the question of law.". Many documents on the 1956 Suez crisis, including reports to the Queen, are still withheld. (Guardian Unlimited)
Landlord guilty of two felonies Oct 20, 2006
" The defense also argued the testing of E. coli was not properly conducted and correct sampling procedures were not followed. According to the prosecution, Kircher was told on several occasions what he was doing was against the law. A plumber from Ace Pluming Heating onditioning testified he informed Kircher his actions were illegal and notified him of other ways the situation could be remedied two days before Kircher stopped pumping into the storm drain. "He only stopped pumping when township... (Echo Online, MI)
Court questions asylum claims Oct 14, 2006
The three-judge panel of the 2nd Circuit said the Board of Immigration Appeals has "far more relevent expertise than we do" because it considers only immigration cases and can better predict the likely effects of a resolution of that question of law. It said the immigration court could evaluate whether different regions of China enforce different family planning policies and whether applicants from those areas should thus be treated differently. (Newsday -- New York City)
Titus record under fire Sep 19, 2006
That's a question of law that would depend on the facts of the case, said Kim Huys, chief deputy secretary of state. Election law appears to state that campaigns for two different offices are two different entities that could each receive contributions up to the limit, she said. (Las Vegas Review-Journal -- Nevada News)
Owner of marijuana caf sent to jail Sep 18, 2006
"It is a question of law," Mr. Gratl said. "If it were a question of feeling, she would be out here with me.". (Globe and Mail)
DOCUMENT: Amoateng's Judgement Sep 16, 2006
Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in - (a) all matters relating to the enforcement or interpretation of this Constitution; Article 130 (2) Where an issue that relates to a matter or question referred to in clause (1) of this article arises in any proceedings in a court other than the Supreme Court, that court... (Ghana Web, Ghana)
Siegelman Defense Files Reply to Government Aug 26, 2006
Saying the statute of limitations is a "question of law" and not a "factual dispute," the filing says. "The Indictment did not specify what conduct the government alleged was "continuing" from July 19, 1999 through on or about May 23, 2000. This is important because the Original Indictment was returned on May 17, 2005 - less than five years after May 23, 2000. On its face, the Indictment alleged that a crime occurred within the five year statute of limitations. However at trial, the government... (WSJA.com, AL)
Families Worry War Memorial Will Make Way For Ball Park Aug 23, 2006
"The office was asked a question of law, which it answered. At no time did the office take a position on the proper use of the land. It is unfortunate that candidates for office are seeking to turn this legal issue into a political one," said a representative of Spitzer. Cantor said that he and other families will appeal the decision. (WNBC.com, NY)
Analysts question oil's 'acts of God' Aug 16, 2006
"It will come down to the question of law that if you have ownership in a pipeline, whether or not you have responsibility to monitor BP's operations," he said. The other two companies "are trying to get ahead of the curve and get declaration from the court that they are not responsible.". (Bakersfield Californian -- Nation)
Who's looney now? Who knows? Aug 3, 2006
Justice David Souter, writing for a 5-4 court, barely got a hand on a question of law that has baffled English-speaking jurists for at least 400 years ... Justice David Souter, writing for a 5-4 court, barely got a hand on a question of law that has baffled English-speaking jurists for at least 400 years. (Townhall.com)
Measuring Federal Appellate Courts' Success Before the U.S. Supreme Court Jul 15, 2006
For example, by the time the Supreme Court decides to review a decision from the 9th Circuit, that federal appellate court may be one of several to have decided a question of law the very same way. If the Supreme Court reverses the 9th Circuit's ruling, the reversal counts directly against that court, but it doesn't appear as a reversal for the other federal appellate courts that had issued identical rulings, because the case decided by the high court didn't arise from the other courts. (Law.com)
Elderly mom believes money is for her needs, not her kids" Jul 9, 2006
DEAR K.E.: The alternate minimum tax is another question of law gone wrong. The notion behind it: When it was passed, the woodwork was crawling with multimillionaires who paid no tax at all. (Mail Tribune, OR)
Priests, nuns can practise as advocates: SC Jul 5, 2006
However, a Bench comprising Justices B N Agrawal and P P Naolekar admitted BCI's appeal saying an important question of law has been raised that required adjudication by SC.. BCI, through advocate P P Rao, cited a 1996 SC ruling in the Haniraj L Chulani vs Bar Council of Maharashtra case. (India Times, India -- Community News)
Candidate calls check a bribe to leave race Jun 29, 2006
"We needed a judge's ruling because it was a question of law," she said. There was no precedent for such a situation, Miller noted. (Las Vegas Review-Journal -- Nevada News)
High court rules for, against city in pair of suits Jun 4, 2006
It said the commission did not have jurisdiction because it was a question of law, not regulatory duties. DTE went to the Michigan Supreme Court and it ruled that the Michigan Public Service Commission has jurisdiction. (The News-Herald)
Calif. Justices Let Stand Microsoft Settlement and Millions in Attorney Fees Apr 21, 2006
"[Jakob] has not identified any unsettled, important question of law," Grossman wrote. "[Jakob] simply disagrees with the current state of the law and is improperly petitioning this court, rather than the Legislature, to change it.". (Law.com)
Year-and-a-day rule headed to high court Apr 21, 2006
"The question of law regarding the common-law 'year and a day rule' is of sufficient importance or doubt to justify this appeal," reads part of their two-paragraph court filing, filed late last week in Vermont District Court in Burlington. Moore took over as defense lawyer after Bailey dismissed his former lawyer, David Williams. (WCAX.com, VT)
Case on religious identity in MyKad goes to Federal Court Apr 14, 2006
The Federal Court yesterday gave leave to Lina Joy, 43, to apply to the highest court in the land for a ruling on this question of law. Chief Justice Ahmad Fairuz Sheikh Abdul Halim and Federal Court Justices Richard Malanjum and S. Augustine Paul unanimously allowed the application. (The Star Online, Malaysia)
SC says orders on lowering marriage age no precedent Mar 28, 2006
A Bench comprising Chief Justice Y K Sabharwal and Justices C K Thakker and R V Raveendran felt that the petitioners had raised an important question of law and said: "The HC orders, though passed in peculiar facts and circumstances of the cases, could be misused.". 1. (India Times, India -- Community News)
Read More... Mar 10, 2006
At a minimum De Sade's Dubois raises the question of law and how the law forces Dubois into further action to cover up her other misdeeds. This of course in my mind raises the question of law and its excesses in our/my time ... Also, the above quote raises the question of law and its judgments on those under the law. (Disinformation)
Of Justice Alito, Antitrust, And The Looking Glass Feb 17, 2006
Judge Alito further held that whether conduct qualifies as "state action" for purposes of antitrust immunity is a question of law, and that the Court's review is plenary. 2. (Blawg -- Business Law)
eBay in trouble over counterfeits Jan 31, 2006
The question of law will boil down to this: what is eBay doing to stop this, and are these actions reasonable. I suspect the underlying message Tiffany wants to send the world is this: 'Tiffany's products are highly desirable and very expensive; criminals frequently counterfeit Tiffany's products; so protect yourself and buy Tiffany's products from authorized distributors. (Monsters and Critics.com)
Law Officer sent to London to explain legal position, says CBI Jan 17, 2006
No question of Law Ministry, DoPT interfering with CBI jurisdiction. NEW DELHI: The Central Bureau of Investigation (CBI) on Monday said it had proposed on November 16 last to send a senior Government law officer to London to explain to the Crown Prosecution Service (CPS) the "legal implications" relating the freezing of the bank accounts of Italian businessman Ottavio Quattrocchi, accused in the Bofors payoff case. (Hindu)
HC notice to Houses on MPs expulsion Jan 10, 2006
Mr Lekhi said a very important question of law relating the privilege of MPs was involved in the matter, which needed to be examined by the court. Mr Chatterjee, in his statement yesterday, said the courts had no jurisdiction to interfere in the matter and he would not respond to any notice issued by the court on this issue. (The Tribune)
