Sentences with phrase «civil code provisions»

Not exact matches

A Civil War income tax bill passed in 1862 included this provision, and then it became part of the code more than a century ago after the Constitution was amended to allow for an income tax.

According to Devine's civil suit, park district officials routinely violated laws that normally govern and shape public bodies, ranging from the open meeting acts to provisions of the election code.

The code, which stipulates a 20 - year maximum tenure for heads of religious groups and civil rights organisations, among other provisions, was suspended by the Federal Government on Monday.

A Manhattan appeals court ruled on Thursday in two separate lawsuits that a long - established but contentious provision of the New York civil rights code prevents the disciplinary records of city police officers from being publicly released.

provisions regarding conduct, dress and language deemed appropriate and acceptable on school property and at school functions, and conduct, dress and language deemed unacceptable and inappropriate on school property and at school functions and provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property and at school functions, including the appropriate range of disciplinary measures which may be imposed for violation of such code, and the roles of teachers, administrators, other school personnel, the board of education and parents or persons in parental relation;

The information provided in the application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misinformation of the information contained in the application may result in civil liability, including monetary damages, to any person who may suffer any loss due to the reliance upon any misrepresentations that I have made on the application, and / or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec 1001, et seg.

As to the use of experts in electronic records management, it is not yet the practice of lawyers to use such experts, but it should be because the Evidence Acts require it in order to use electronic records as evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of Quebec).

That identifies a major reason for enacting the electronic records provisions that are in 11 of the 14 Evidence Acts in Canada, including Book 7 of the Civil Code of Quebec, i.e., so that electronic records, such as those created by way of such conversion of paper records by imaging into secure electronic storage, will in law be «original records.»

Such proof of «systems integrity» provisions are in 11 of the 14 Evidence Acts in Canada, including Book 7 of the Civil Code of Quebec, see: articles 2820, 2838 - 2842, and 2860, and, An Act to Establish a Legal Framework for Information Technology, ss.

The appellate court affirmed the appeal of the postjudgment appeals ruling, finding the trial judge properly found the «gist» of the complaint / cross-claims were to enforce provisions of the governing documents on equitable theories such that plaintiff prevailed and was entitled to fees under Civil Code section 1354 (c).

Under this provision, as well as the equivalent provision of the former French Code of Civil Procedure, the composition of the arbitral tribunal is measured against the will of the parties.

Nonetheless it is accepted that prenuptial agreements are generally enforceable in Japan, provided they are well drafted and in conformity with the provisions of the Civil Code and other provisions of Japanese law.

The Canadian Civil Liberties Association (CCLA) welcomes today's decision from the Supreme Court of Canada striking down the assisted suicide provisions of the Criminal Code.

Insurance fraud has become such a serious problem that the Illinois criminal code actually contains a provision about civil damages.

Article 21 The provisions of the Civil Procedure Code (Act No. 109 of 1996) shall apply mutatis mutandis to the procedures concerning a Protection Order, unless the application is inconsistent with the nature thereof, except as otherwise provided for by this Act.

Mar. 24, 2016)-- joint opinion by Circuit Judges O'Scannlain and Ikuta as well as District Judge Burns (sitting by assignment); discussed in our Mar. 28, 2016 post: Prevailing party in bankruptcy non-dischargeability action is not entitled to recover fees under either California Civil Code section 1717 or ERISA's fee shifting provision.

The Civil Code of Québec contains similar provisions.

While Quebec is consulting and holding public hearings on euthanasia and assisted suicide, on April 26, 2011, British Columbia's Civil Liberties Association (BCCLA) and three other plaintiffs filed a lawsuit in BC's Supreme Court challenging Canada's Criminal Code provisions against euthanasia and assisted suicide.

Bedford et al. v. Canada (Attorney General) 2013 SCC 72 Civil Rights — Canadian Charter of Rights and Freedoms — Interpretation — Life, liberty and security of the person The applicants challenged the following three Criminal Code provisions that indirectly restricted the practice of prostitution by criminalizing various related activities.

Although arguing Civil Code section 1717 did not allow for such an award, homeowner ignored the fact that the settlement agreement had an express provision allowing for post-judgment enforcement fee recovery based on the judgment entered as a result of the settlement.

In the UAE there are just three ways to legally terminate a contract, as provided for in Article 267 of the UAE Civil Code which states that «if a contract is valid and binding, it shall not be permissible for either of the contracting parties to resile from it, or vary or cancel it, save by mutual consent, or an order of the court, or under a provision of the law».

While the dispute arose in the context of a specific Civil Code of Quebec provision, the analysis should prove applicable to disputes under the common law as well.

In provinces like Quebec, where the standing requirement is codified, the provision does not refer to humanness or personhood (see article 55 Code of Civil Procedure: «whoever brings an action at law -LSB-...] must have sufficient legal interest therein»).

The Civil Code comprises a body of rules which, in all matters within the letter, spirit or object of its provisions, lays down the jus commune, expressly or by implication.

Many civil issues or matters, for example, those involving disclosure of confidential information, contain elements that can fall within provisions of the Criminal Code.

But is a Consent Decree entered by the Court the same as a contract, and is a proceeding to enforce a fee provision in a Consent Decree an «action on a contract» triggering recovery of attorney's fees under Civil Code section 1717 rules and standards?

The GOCP reformed the Civil Code of Procedure and included new provisions regarding the enforcement of international arbitral awards.

Continue reading «Section 1717 and Prevailing Parties: Fourth District, Division One, Rules that Civil Code Section 1717's Prevailing Party Standard, Mutuality Principle, and Reasonable Fees Standard Apply to an Attorney's Fees Provision in a Consent Decree»»

For example, various Code provisions expressly preserve an employee's right to a civil remedy — a notion which would be unnecessary if courts lacked jurisdiction to enforce statutorily - granted rights.

The February 2014 issue of the Arbitration News published by the Arbitration Committee of the International Bar Association features the article authored by Partner Alina Popescu on the arbitration related provisions of the new Civil Procedure Code.

The statutory provisions applicable to the construction contracts are the Civil Code rules concerning (i) construction contracts, (ii) some provisions on project contracts that are applicable mutatis mutandis to construction contracts and (iii) general rules, including a general duty of the parties to a contract to cooperate with each other.

The reason was that their claim was not «on the contract» under Civil Code section 1717 given that this statutory provision does not apply to fraud claims.

As regards limitation periods relating to claims for defects made under the warranty provisions of the Polish Civil Code, see questions 22 and 29.

The Civil Code provides (1) a general provision concerning extraordinary change of circumstances as well as (2) a respective provision referring to project contracts, which is also applicable to construction contracts.

Some practitioners wrongly assume that under a civil code system, if there is no specific provision of law to deal with a specific issue, then it must be prohibited.

The lawsuit cites a provision of chapter 98 of the Texas Civil Practice and Remedies Code, which states that victims can hold businesses liable if they intentionally or knowingly profit from participating in a venture that involves human trafficking.

In the last couple of days, the appellate courts have grappled with when attorney's fees are awardable under Civil Code section 1717 when a contract is declared to be void (whether illegal or under another statutory provision).

There is no basis for concluding that this provision of the Code of Civil Procedure is inconsistent with the provisions and principles relied on by the appellants.

Not only does the Civil Code contain certain provisions applicable to «consumer contracts», but there is also an extensive Consumers» Protection Act («CPA») in force in Quebec.

As a matter of fact, the Civil Code contains of wide array of provisions which constitute implied terms of every contract governed by the laws of Quebec.

With regard to civil transactions, Article 473 of the UAE Civil Code provides that «A right shall not expire by the passage of time but no claim shall be heard if denied after the lapse of fifteen years without lawful excuse, but having regard to any provisions relating thereto.&rcivil transactions, Article 473 of the UAE Civil Code provides that «A right shall not expire by the passage of time but no claim shall be heard if denied after the lapse of fifteen years without lawful excuse, but having regard to any provisions relating thereto.&rCivil Code provides that «A right shall not expire by the passage of time but no claim shall be heard if denied after the lapse of fifteen years without lawful excuse, but having regard to any provisions relating thereto.»

Unlike common law jurisdictions, where non-adherence to a time bar provision may render a contractor's claim invalid, civil codes may take a more lenient approach.

The arbitration provisions of the Civil Procedure Code contain mandatory provisions concerning the appointment of an arbitrator.

Louisiana Civil Code article 2320 sets forth the general provisions under which an employer may be held liable for the acts of an employee.

Plaintiff obtained a default judgment of $ 25,000, plus $ 144,103 in attorney's fees under Civil Code section 3426.4 (a fee shifting statutory provision applicable in trade secret cases), and $ 16,497 in costs.

From the initial invitation in 1965 from Jean Lesage's Justice Minister Claude Wagner to take over the Office de Révision du code civil, originally set up during the Duplessis years with Thibaudeau Rinfret and André Nadeau, Crépeau's vision and his life work was la révision du Code civil, and under his leadership the Office focused on the daunting task of updating the general provisions of a century - old Ccode civil, originally set up during the Duplessis years with Thibaudeau Rinfret and André Nadeau, Crépeau's vision and his life work was la révision du Code civil, and under his leadership the Office focused on the daunting task of updating the general provisions of a century - old CCode civil, and under his leadership the Office focused on the daunting task of updating the general provisions of a century - old CodeCode.

In R. v. Zelensky, the Supreme Court emphasized that the restitution provisions in the Criminal Code should not be used as a substitute to civil proceedings under provincial legislation.

Quebec's Civil Code also contains various provisions dealing with external clauses, abusive clauses, penal clauses, illegible and incomprehensible clauses, and so on, to name a few, and also provides for a great number of statutorily imposed terms in what it calls «nominate» contracts (such as leases or contracts for services, which have rights and obligations specially prescribed by law).

From the initial invitation in 1965 from Jean Lesage's Justice Minister Claude Wagner to take over the Office de Révision du code civil, originally set up during the Duplessis years with Thibaudeau Rinfret and André Nadeau, Crépeau's vision and his life work was la révision du Code civil, and under his leadership the Office focused on the daunting task of updating the general provisions of a century - old... [mcode civil, originally set up during the Duplessis years with Thibaudeau Rinfret and André Nadeau, Crépeau's vision and his life work was la révision du Code civil, and under his leadership the Office focused on the daunting task of updating the general provisions of a century - old... [mCode civil, and under his leadership the Office focused on the daunting task of updating the general provisions of a century - old... [more]

Such provisions are in 11 of the 14 Evidence Acts in Canada, including Book 7, «Evidence» of the Civil Code of Quebec.