Judicial Determination definition

Judicial Determination means a court process to determine whether out-of-home placement is in the best interest of a child.))
Judicial Determination means (i) a written compromise or settlement signed by the party asserting the Claim and the party against which the Claim is asserted (or in the case of the Sellers, the Sellers' Agent) or (ii) a binding arbitration award or judgment of a court of competent jurisdiction in the United States of America (the time for appeal having expired and no appeal having been perfected) which resolves a Claim. Upon resolution the parties shall follow the procedures set forth in subsection (ii) below.

Examples of Judicial Determination in a sentence

  • See Form 44, Application for Judicial Determination of Probable Cause to Detain, following these rules.

  • See Form 45, Judicial Determination of Probable Cause to Detain, following these rules.

  • In the event that a legal or equitable action is commenced with respect to any of the provisions of Section 6 or Section 7 hereof and I have not strictly observed the provisions in such sections with respect to which such action has been commenced then the one-year or two-year periods, as applicable, described in such sections not strictly observed by me shall begin to run anew from the date of any Final Judicial Determination of such legal action.

  • Preliminary Judicial Determination Prior to Imposition of Discipline If the Executive Committee has reason to believe that the imposition of a proposed sanction will become the basis of litigation and a claim for damages, it may specify that the discipline shall become effective upon entry of the final judgment of a court of competent jurisdiction in a suit by the Board/Association for declaratory relief declaring that the discipline proposed violates no rights of the member.

  • Indemnitee hereby undertakes to repay such amounts advanced if, and to the extent that, a Final Judicial Determination determines that Indemnitee is not entitled to be indemnified by the Company as authorized hereby.

  • Count I is Not Ripe for Judicial Determination Count I of the consolidated complaint does not challenge the facial validity of any provision of Allergan’s Certificate or Bylaws.

  • Counsel shall file with the Supreme Court a Petition for Judicial Determination of Incompetency appending the required documents and requesting that the Supreme Court enter an order under RSCH 2.19(a) transferring the Attorney to inactive status effective immediately.

  • The formula is otherwise based on a provision of federal estate tax or federal generation-skipping transfer tax law similar to the provisions in subdivision (1) or (2) of this subsection.(d) Judicial Determination.

  • Such reimbursement shall be without interest, except that interest calculated as provided in Section 5(e)(ii) shall begin to accrue 20 days after the date of the Final Judicial Determination.

  • The following matters will be heard by the full Board of Directors: Action of the BOD, Initial Action by Directors, and Preliminary Judicial Determination Prior to Imposition of Discipline.

More Definitions of Judicial Determination

Judicial Determination means a determination made by a court of competent jurisdiction.
Judicial Determination is defined as a determination made by a court of competent jurisdiction. Judicial determinations are to be explicit, made on a case- by-case basis, and so stated in the court order. Absent the appropriate judicial determination in a court order, a verbatim transcript of the court proceedings will be required to verify that required judicial determinations have been made according to 45 CFR § 1356.21 (d).
Judicial Determination means a determination by a judge or arbitrator, as the case may be, which is non-appealable or where the appeal period has expired without a notice of appeal having been filed (reasonable evidence of which is provided to the Escrow Agent), directing Escrow Agent to disburse any or all of the Escrow Deliverables that it may hold to a named party.
Judicial Determination means the final decision of a court of
Judicial Determination means a decision by the court that an offender is or continues to be a child sexual predator or a sexually violent predator as provided for by this Chapter.

Related to Judicial Determination

  • Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (a) a final decision, judgment, decree or other order by any court of competent jurisdiction that can no longer be appealed, (b) a final settlement with the IRS, a closing agreement or accepted offer in compromise under Sections 7121 or 7122 of the Code, or a comparable agreement under the Laws of other jurisdictions, which resolves the entire Tax liability for any taxable period, (c) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund or credit may be recovered by the jurisdiction imposing the Tax, or (d) any other final resolution, including by reason of the expiration of the applicable statute of limitations or the execution of a pre-filing agreement with the IRS or other Taxing Authority.

  • Reviewing Party means any appropriate person or body consisting of a member or members of the Company's Board of Directors or any other person or body appointed by the Board of Directors who is not a party to the particular Claim for which Indemnitee is seeking indemnification, or Independent Legal Counsel.

  • Competent Court means the Supreme Court of India or any High Court, or any tribunal or any similar judicial or quasi-judicial body that has jurisdiction in relation to issues relating to the Project.

  • Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

  • Claim Determination Period means a calendar year. However, it does not include any part of a year during which a person has no coverage under This Plan, or any part of a year before the date this COB provision or a similar provision takes effect.

  • Indemnified Claim has the meaning set forth in Section 8.2.

  • Adverse determination means a determination by a health maintenance organization or its designee utilization review organization that an admission, availability of care, continued stay or other health care service has been reviewed and, based upon the information provided, does not meet the health maintenance organization’s requirements for medical necessity, appropriateness, health care setting, level of care or effectiveness, and the requested service is therefore denied, reduced or terminated.

  • Reviewing Authority means the Alberta Securities Commission.

  • Referee means a person who is designated as a referee under the friend of the court act.

  • Arbitration Panel shall have the meaning set forth in Section 3 hereof.

  • Appeals Tribunal or “AT” means the Body responsible for hearing and determining appeals set out in section 9;

  • Indemnified Claims means any and all claims, demands, actions, causes of action, judgments, obligations, liabilities, losses, damages and consequential damages, penalties, fines, costs, fees, expenses and disbursements (including without limitation, fees and expenses of attorneys and other professional consultants and experts in connection with investigation or defense) of every kind, known or unknown, existing or hereafter arising, foreseeable or unforeseeable, which may be imposed upon, threatened or asserted against, or incurred or paid by, any Assignment Estate Indemnified Person or Assignee Indemnified Person, as applicable, at any time and from time to time, because of, resulting from, in connection with, or arising out of this Assignment, the transactions contemplated hereby, including but not limited to economic loss, property damage, personal injury or death in connection with, or occurring on or in the vicinity of, any assets of the Assignment Estate through any cause whatsoever, any act performed or omitted to be performed under this Assignment, the transactions contemplated hereby, or any breach by Assignor or Assignee, as applicable, of any representation, warranty, covenant, agreement or condition contained herein.

  • Self-Determination means a philosophy and process by which individuals with developmental disabilities are empowered to gain control over the selection of support services that meet their needs. The basic principles of self-determination are: