Sentence examples for equitable discretion from inspiring English sources
The Obama Administration raised five of them: Standing, the political question doctrine, the Court's exercise of its "equitable discretion," the absence of a cause of action under the Alien Tort Statute ("ATS"), and the state secrets privilege.
Yet in the Terri Schiavo case, several judges have refused to exercise their equitable discretion to keep Ms. Schiavo alive while federal claims regarding her medical condition are litigated in a reasonable time frame.
California law specifies a 50/50 split of community property, whereas Washington courts need to settle on something "fair and equitable," leaving the judge broad discretion to carve up all the assets.
Initially a court of both common law and equity, it lost much of its common law jurisdiction after the formation of the Court of Common Pleas, and from then on concerned itself with equitable matters and those common law matters it had discretion to try, such as actions brought against Exchequer officials and actions brought by the monarch against non-paying debtors.
It is awarded not as a matter of right but rather at the discretion of the court and is thus largely controlled by equitable principles.
The judge also cited the doctrine of equitable abstention, which she said held that "a court of equity has the discretion to withhold its aid".
Under the Medicare law, federal officials say, they have broad discretion to set drug payments for outpatients at whatever levels they consider equitable.
Instead, it resorted to its "equitable powers" to prescribe new standards and deadlines, suspend mandatory enforcement mechanisms, and curtail the discretion conferred on the state executive by the legislature.
He wanted an "allowance" to "ensure a more equitable and fair implementation of the Exchanges" and asked Sebelius to make a favorable interpretation "within your discretion under well-established principles of administrative law".
So what, and among the things that the court did, and there are a range of them, as I have indicated, they took away the discretion of the secretary and instructed her to accept these manual recount returns JUSTICE STEVENS -- Mr. Olson, on the equitable powers, they were doing that in setting a new deadline.
