- a) Early case law on exercising discretion🔍
- Judicial Discretion in Sentencing🔍
- b) Case law on exercise of discretion under Art. 12🔍
- Failure to Exercise Discretion Is an Abuse of Discretion🔍
- Failing to Exercise Discretion Is an Abuse of Discretion🔍
- Exercising Prosecutorial Discretion Consistent with the Civil ...🔍
- About the Supreme Court🔍
- Three Issues in the Law of Contractual Discretion🔍
a) Early case law on exercising discretion
a) Early case law on exercising discretion - European Patent Office
a) Early case law on exercising discretion. In some early decisions, the boards took the view that facts, evidence and requests that a department of first ...
Judicial Discretion in Sentencing
Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion ...
b) Case law on exercise of discretion under Art. 12(4) RPBA 2007
12(4) RPBA 2007, they generally have their own margin of discretion to admit on appeal facts, evidence and requests refused by a department of first instance in ...
Failure to Exercise Discretion Is an Abuse of Discretion, Federal ...
... court cases holding that failing to exercise discretion is an abuse of discretion ... Reviewing the fees in the first instance, the Court ...
Chapter 10 - Legal Analysis and Use of Discretion - USCIS
The favorable exercise of discretion and the approval of a discretionary adjustment of status application is a matter of administrative grace, which means that ...
Failing to Exercise Discretion Is an Abuse of Discretion - TVA Law
But my favorite failure to exercise discretion is in the case of Gardner v. Superior Court (1968) 182 Cal.App.3d 335, where husband and wife ...
Exercising Prosecutorial Discretion Consistent with the Civil ... - ICE
ICE may exercise prosecutorial discretion at any stage of an enforcement proceeding. It is generally preferable to exercise such discretion as early in the case ...
About the Supreme Court | United States Courts
The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law ...
Three Issues in the Law of Contractual Discretion - Oxford Academic
The article first proffers an account of the nature and practice of Wednesbury as applied to contractual discretion. Doctrinal exegesis reveals ...
Contractual discretion; implication of Braganza duty - RPC
When will an implied obligation to act rationally when exercising a contractual discretion (a Braganza duty) be implied into a contract, ...
Some Unwise Reflections About Discretion
Prosecutors make a variety of decisions: (1) they allocate resources as part of a judgment to concentrate on certain forms of crime; (2) they interpret legal ...
Contractual discretion and its limits | United States | Global law firm
If a contractual provision expressly limits or qualifies the way in which a party can exercise a right or perform its obligations (e.g. the requirement of ( ...
A Discussion Regarding A Trustee's Exercise Of Discretion
It is important to consider recent trends in legislation and case law when considering whether to grant a trustee absolute discretion. For example, as more ...
Lessons on exercising a contractual discretion post Braganza
Prior to Braganza, courts focused on that limb of the Wednesbury test which asks whether the decision was so unreasonable that no reasonable ...
Commission's decision to exercise prosecutorial discretion immune ...
Reconciling the Act's provision of judicial review of actions “contrary to law” with the holding that judicial review is unavailable for ...
The Limits of Contractual 'Sole' Discretion Under the Implied ...
A party's express right to exercise "sole discretion" in exercising a contractual right would appear, on its face, to insulate that party ...
The Inevitability of Discretion and Judgement in Front-Line Decision ...
As a result, administrative discretion and judgement is inevitable. The question then becomes how front-line officials should exercise this ...
The nature of discretion | Understanding Common Law Legislation
Judicial guidelines should not fetter a statutory discretion by confining its exercise to rare or exceptional cases if no such restriction is indicated in the ...
The Theory Of Prosecutorial Discretion In Federal Law
... early discussions of the nolle prosequi in American case law. For a full discussion of Wheeler and other early state court cases that came to similar ...
Its Exercise by Trial Courts and Its Review by Appellate Courts
Surely a topic as pervasive as the exercise of judicial discretion is not an area about which it can -be said that there is "no law at all" worth talking about.