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We have never suggested that lawful custody becomes unlawful due to a failure to obtain a prompt judicial finding of probable causethat is, probable cause does not disappear if not judicially determined within 48 hours.
such status has not been revoked (and has not been administratively or judicially determined to have been abandoned).
The passage in 1881 of William Gladstone's Land Act, which conceded the principle that fair rents could be judicially determined, presented Parnell with a serious test of statesmanship.
A person appointed by a court of appropriate jurisdiction to make decisions for an individual who has been judicially determined to be incompetent.
That the issues thus raised and judicially determined would constitute a case or controversy if raised and decided in a suit brought by the taxpayer to enjoin collection of the tax cannot be questioned.
More recently we have come to understand and accept that executive agencies may be vested by Congress with authority to act with the force of law, so long as the boundaries of that action can be judicially determined.
Similar(45)
Like a series of tiles on a Scrabble board, the precedent set by this one decision has determined what is politically possible and judicially permissible in the realm of campaign finance for almost 40 years.
In Alyeska we determined that "Congress ha[d] not repudiated the judicially fashioned exceptions" to the American Rule, which were founded in the inherent power of the courts.
But for the opinion of the Supreme Court in the present cause, this would seem to empower the Superior Court judicially to hear and determine all objections to an order on appeal and to make its jurisdiction in respect thereto exclusive.
Beyond the restitution rule, we extend our analysis to show that similar adverse effects can also arise from other "pricing" rules that provide buyers or sellers with call or put options to force an exchange at a judicially-determined price.
The House of Lords upheld this decision, determining that the issue of whether the applicants had accommodation was a question of fact to be determined by the public authority: An error as to a jurisdictional, or precedent, fact is an exception to the general rule that the High Court does not judicially review errors of fact.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com