Sentences with phrase «court authority supports»

The weight of High Court authority supports the view that s 51 (xxvi) authorises both beneficial and adverse laws.

[30] Justice Sackville noted, at Jango v Northern Territory (No 2)[2004] FCA 1004, para [33], that Federal Court authority supports the view that Section 79 of the Evidence Act 1995 (Cth) does not impose the «basis rule» that exists at common law — the «requirement that for an expert's opinion to be admissible, it must be based on facts stated by the expert and either proved by the expert or assumed by him or her and proved [from another source]».

Not exact matches

Decisions made the B.C. Supreme Court in favour of lower levels of government having the authority to create environmental protections in relation to the Northern Gateway pipeline could also support the province's case, Ryder said.

Estonia: the Estonian Tax Authority (Maksu - Tolliamet) published in March 2014 an interpretation of the taxation of bitcoin, ruling that bitcoin was subject to VAT (also supported by the Court of Justice).

Shayne Lee, a sociology professor at Tulane University in Louisiana and an authority on televangelists, said Long's out of court settlement may erode some of his support.

Because the Court does not seem to be disposed to correct this serious error, it is put upon the Congress of the US to perform its duty to support and defend the Con - sti - tu - tion of the US, by the use of its authority to apply checks and balances to other branches of the gov, when abuses of power and the exercise of excesses of power are evident.

The Children and Family Court Advisory and Support Service (CAFCASS) has the role of championing children's best interests in the family court system — so if you end up in court fighting for custody of your child, or if the local authority takes out care proceedings, a CAFCASS social worker will be assigned to the Court Advisory and Support Service (CAFCASS) has the role of championing children's best interests in the family court system — so if you end up in court fighting for custody of your child, or if the local authority takes out care proceedings, a CAFCASS social worker will be assigned to the court system — so if you end up in court fighting for custody of your child, or if the local authority takes out care proceedings, a CAFCASS social worker will be assigned to the court fighting for custody of your child, or if the local authority takes out care proceedings, a CAFCASS social worker will be assigned to the case.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

Whereas Michael Boxer could have recommended immediate reinstatement that could have made me «whole» again, he chose to conclude his own internal report that was three years delinquent by stating that, «Serious questions are raised about Mr. Iritano and record falsification,» which was simply not true, and firmly supported by the Transit Authority's complete reversal of all misconduct allegations against me during oral argument in Appellate Court, Second Department, on May 9, 1991.

Society, as a whole, pays for the regulation and cleaning up of the mess through taxes to support the legislators, regulation authorities, enforcers and courts and donations to charitable groups that look after the large number of canine victims.

Best known for our work evaluating and placing dogs from NFL player Michael Vick's «Bad Newz Kennels,» BADRAP routinely travels to out of state destinations to support authorities with evaluations of pit bull type dogs from natural disasters and cruelty cases - namely dog fighting cases - and provides disposition recommendations to agencies, law enforcement and courts.

The EPA's authority to regulate carbon dioxide emissions was supported by a 2007 U.S. Supreme Court decision.

The commission makes 100 recommendations featuring six overarching ones: the National Advice and Legal Support Fund mentioned before; prioritising public legal education in schools, alongside financial literacy, and in «education for life»; calling on government to clampdown down «preventable demand» by getting decisions right the first time including a «polluter pays» scheme for the DWP to pay costs on upheld appeals (on average 35 % of appeals against welfare benefits decisions are upheld); an overhaul of the courts to make them better suited for the needs of litigants in person; a national strategy for 2015 — 20, including a «minister for advice and legal support»; and for local authorities to commission local advice and legal supportSupport Fund mentioned before; prioritising public legal education in schools, alongside financial literacy, and in «education for life»; calling on government to clampdown down «preventable demand» by getting decisions right the first time including a «polluter pays» scheme for the DWP to pay costs on upheld appeals (on average 35 % of appeals against welfare benefits decisions are upheld); an overhaul of the courts to make them better suited for the needs of litigants in person; a national strategy for 2015 — 20, including a «minister for advice and legal support»; and for local authorities to commission local advice and legal supportsupport»; and for local authorities to commission local advice and legal supportsupport plans.

To ensure the authority supporting the Court's opinions remain available, the guide advises doing what the Court always has: Use and cite the official print version of a document where this is available.

In order to support this finding, the Court suggests that the legislative measures provided for in Article 15 (1) apply to providers of electronic communications services [74] and extend to measures requiring data retention [75] and access to retained data by national authorities [76].

In California, if a parent has a drastic change in income after a divorce or separation, courts have the authority to impute income to the parent to ensure that child support is calculated properly.

Bear in mind that the courts do have the authority to deviate from the guidelines in fixing child support if the basic amount is found to be «inappropriate» or «unjust».

The post from Lyle Denniston at SCOTUSblog reports on yesterday's Supreme Court argument in which the state of Arizona and the federal government argued for — and got Justices supporting — the broad proposition that police who encounter someone in a public place should have the authority to frisk that individual any time they fear he may be «armed and dangerous,» even if they have no suspicion that any crime has been or is being committed.

The Virginia Court of Appeals ruled that husband had waived his argument that the circuit court erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of VirgCourt of Appeals ruled that husband had waived his argument that the circuit court erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of Virgcourt erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of VirgCourt of Virginia.

The court retains its authority, however, to deny a request to change child support if the change would be unfair, even when the 15 % variation exists.

Nevertheless, he took the opportunity to elaborate on the PMOI standard of review and raised the question as to whether intelligence analyses and sources should be subject to the EU courts at all and «whether, in a system based largely on the confidence which the EU institutions place in the evaluation conducted by the competent national authorities of the seriousness of the evidence or clues to support a freezing measure, an intensive review of that evidence by the EU judicature is in fact appropriate» (Opinion para. 66).

@Matt re: force: The overwhelming weight of authority, both textbook and case law, supports the trial court's statement of the applicable principles of law.

Where the issues before the court are between citizens this may not matter; but where the issues are between the citizen and departments of state or citizens and local authorities — immigration, social security, planning permission — there must surely be some concern that the judge will not want to let down the political party which got him, or her, elected and whose support may be needed for re-election and promotion.

Woelk provided the Court of Appeal authority for the proposition that an absence of evidence to support the Trial Judge's conclusion entitles it to «substitute its own view of a proper award».

If you are going through a divorce, you should know that the court has the authority to make temporary child support orders during a divorce proceeding.

However, the court concluded that the wife did not provide any authority to support her submission, apart from her counsel's interpretation of the Spousal Support Advisory Guidelines (the Guidesupport her submission, apart from her counsel's interpretation of the Spousal Support Advisory Guidelines (the GuideSupport Advisory Guidelines (the Guidelines).

The Court, however, rejected the consequent argument of the EFTA Surveillance Authority that this recital would support that the Directive contained an obligation of result and states were liable unless they could achieve this result; it insisted instead that the «conditions prescribed in this Directive» were not further defined here (para 173) and the result to be achieved by the Directive had already been found to be limited (para 175).

Second, some states provide that the court has the authority to modify spousal support, unless the agreement provides otherwise (Rule 2).

Third, some states provide that the court has the authority to modify spousal support, unless the agreement provides otherwise; however, the change in circumstances threshold is higher (Rule 3).

District Judge Nicholas Crichton, who pioneered the London FDAC, said of the announcement that «harnessing the fairness and authority of the court has shown that it is possible to break the cycle of drug and alcohol misuse,» and «importantly, FDAC has the support of parents themselves, which is crucial to its success.»

Expanding an institution decision to include all challenges is plainly consistent with the Supreme Court's requirement, but it remains to be seen where the Board finds support for authority to revoke its own institution decisions sua sponte.

[42] I note in addition the respondent provided no authority to establish that the court can retroactively calculate child support payments based upon the payor's line 150 income, and then set the arrears based upon the difference between what was paid and what should have been paid according to the line 150 income.

He also cited the SCC judgment in MacMillan Bloedel Ltd. v Simpson, [1996] 2 SCR 1048 where the Court held ``... that both English and Canadian authorities support the view that non-parties are bound by injunctions» and that «if non-parties violate injunctions, they are subject to conviction and punishment for contempt of court.&rCourt held ``... that both English and Canadian authorities support the view that non-parties are bound by injunctions» and that «if non-parties violate injunctions, they are subject to conviction and punishment for contempt of court.&rcourt.»

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

While much attention was focused on the fact there is little precedent for global court orders to take down «content», the Court looked at a large body of decisions supporting the authority of Canadian courts to make orders with global effcourt orders to take down «content», the Court looked at a large body of decisions supporting the authority of Canadian courts to make orders with global effCourt looked at a large body of decisions supporting the authority of Canadian courts to make orders with global effects.

(3) before making an adoption order the court must be satisfied that there is no practical way of the authorities (including the Health Service) providing the requisite assistance and support and Judges must explore rigorously whether a Local Authority is seeking a Placement Order because resource issues make it unwilling to provide the necessary support.

There are two statutes which provide the authority for courts to award spousal support: The Family Law Act, and the Divorce Act.

Law dictionaries made by private corporations don't have authority over states or their courts, which ultimately derive their power from their constitutions and legislation made by their constitutional legislatures and the people's support of them.

Colorado Attorney General Cynthia Coffman said on Tuesday that she filed an amicus brief with the U.S. Supreme Court supporting state agencies» authority to settle environmental liability cases under the federal law known as the «Superfund.»

Malamas also argued Superior Court Justice Frank Newbould didn't have authority to conduct the vexatious litigant application; there were inconsistencies in his reasons; and there was no admissible affidavit evidence in support of the application.

Taken together, the analysis in this Comment suggests that the justifications most commonly offered in defense of stare decisis — rule of law, appearance of the rule of law, and deference to legislative authority — do not support affording binding precedential value to secret opinions of the kind sometimes issued by the FISA courts.61

The Appeals Court further noted that «the Court did not cite authority that supports the principle that, notwithstanding the proper withholding of a document, a perceived shortcoming in the description of what was properly withheld would be sufficient to find a violation of OPRA.»

Though the judgment also notes the limited applicability of the Guidelines to certain factual scenarios, and expressly states that if Guidelines are in conflict with a relevant authority, the «authority is to prevail», the Court ultimately incorporated the ranges provided by the Guidelines into its determination of both the quantum and duration of support.

The court also rejected the authorities» claim that the secretary of state was not entitled to find that any of the proposals met her criterion of support by a broad cross-section of partners and stakeholders.

62 The authorities support the conclusion that the determination of territorial jurisdiction of a court to adjudicate a claim is, in the first instance, based on the facts asserted in the pleadings.

It was striking that the local government association supported the principle which underlay the decision to charge local authorities fees which reflected the true cost to the courts service.

If the plaintiff can connect the dots, then the authority of VTB Capital will be available to support obtaining a freezing order over the assets in another jurisdiction, even when the court of that other jurisdiction will not assume jurisdiction over the primary defendant.

While the Supreme Court — or any other court, for that matter — has not dealt with this in the context of a bribery charge, there is some authority to support the theory I'm positing Court — or any other court, for that matter — has not dealt with this in the context of a bribery charge, there is some authority to support the theory I'm positing court, for that matter — has not dealt with this in the context of a bribery charge, there is some authority to support the theory I'm positing here.

(a) Title 38 U.S.C. § 3107 (a)(2), which gives the VA discretionary authority to apportion disability compensation on behalf of a veteran's children, is not an exclusive grant of authority to the VA to order that child support be paid from disability benefits, and does not indicate that exercise of the VA's discretion could yield independent child support determinations in conflict with existing state court orders.

(4) If the Ontario court refuses to make a support order, it shall give written reasons for its decision and send them to the designated authority.