In 2013, the Federal
Court imposed a penalty of $ 1.35 million against Japanese cable supplier, Viscas Corporation, for its part in the conduct.
The Clean Air Act allows people who are affected by illegal air pollution to hold polluters accountable by having
courts impose penalties on them.
The court imposed the penalty and explained the reason for it in a footnote to a 2008 unpublished opinion, Espitia v. Fouche.
Not exact matches
The Delaware
court found that a jury not only must decide whether there were «aggravating circumstances» that could justify a death
penalty, but also must find, «unanimously and beyond a reasonable doubt,» that such aggravating factors outweigh any mitigating circumstances — the critical determination in
imposing a death sentence.
In the Middle Ages a number of canonists teach that ecclesiastical
courts should refrain from the death
penalty and that civil
courts should
impose it only for major crimes.
«By
imposing these
penalties, the
Court has acknowledged that Woolworths was knowingly concerned in an anti-competitive understanding which they admitted was reached between laundry detergent manufacturers,» ACCC Chairman Rod Sims said.
«Much more important is the magnitude of the
penalties imposed and the recognition by the
Court that Coles» conduct in its dealings with suppliers was unconscionable and in contravention of the Australian Consumer Law.
The High
Court concluded that «in civil
penalty proceedings,
courts are not precluded from considering and, if appropriate,
imposing penalties that are agreed between the parties» (quote taken from judgment summary).
«The
Court of Arbitration for Sport (TAS) has today informed Real Madrid CF the award for partially estimating the appeal made by the club against the resolution of FIFA that
imposed a
penalty of prohibition of registration of players during two periods of signings, reducing it to one, the window corresponding to January 2017,» read a statement from the club.
Under the current system only a
court can
impose a
penalty of more than three points for a speeding offence.
National
courts sentenced fraudsters to a cumulative 125 years» imprisonment during 2010 and
imposed financial
penalties amounting to nearly $ 1.47 billion as a result of OLAF's cases.
The
court of appeals handles all appeals except those in the supreme
court's exclusive jurisdiction: challenges to the validity of a United States statute or treaty, the validity of a state constitutional provision or statute, cases requiring construction of revenue laws, the title to state office and cases where the death
penalty is
imposed.
If an EU county fails to communicate measures that implement the provisions of a directive in time, the Commission may ask the
Court to
impose penalties.
It would not be possible to hide this tactic, and so it should be straightforward to make a legal challenge and for a
court to
impose some sort of
penalty, either financial, or electoral, or both, on the party.
Penalties for Frivolous Lawsuits — Vote Passed (230 - 188, 11 Not Voting) The bill would modify federal rules governing civil lawsuits to require federal courts to impose sanctions on parties that violate the existing prohibition on the filing of frivolous lawsuits, with such sanctions to include monetary penalties to cover the other party's attorneys» fees and oth
Penalties for Frivolous Lawsuits — Vote Passed (230 - 188, 11 Not Voting) The bill would modify federal rules governing civil lawsuits to require federal
courts to
impose sanctions on parties that violate the existing prohibition on the filing of frivolous lawsuits, with such sanctions to include monetary
penalties to cover the other party's attorneys» fees and oth
penalties to cover the other party's attorneys» fees and other costs.
Massachusetts» highest
court has reduced
penalties imposed against two electric utilities by state regulators for their poor responses to a pair of 2011 storms that left hundreds of thousands of customers without power for days.
The ICAC hearings are tantamount to kangaroo
courts, and
penalties are
imposed directly by state legislation.
Still not satisfied, the telecom giant approached a Lagos High
Court in December to quash the fine, arguing that the regulator had no legal grounds to
impose such
penalty.
A maximum fine of # 20,000 for each charge may be
imposed by a magistrates
court; however, if the case is committed to the Crown Court the maximum penalty is an unlimited
court; however, if the case is committed to the Crown
Court the maximum penalty is an unlimited
Court the maximum
penalty is an unlimited fine.
Uganda recently enacted a harshly anti-gay law,
imposing penalties even on those who fail to report homosexual conduct they are aware of, but the
courts rejected it on procedural grounds.
Uganda recently enacted a harshly anti-gay law,
imposing penalties even on those who fail to report homosexual conduct they are aware of, but the
courts in that nation rejected it on procedural grounds.
But the Appellate Division of the New York State Supreme
Court recently overturned this decision and ordered the SLA to
impose a lesser
penalty.
A South African
court has sentenced a rhino poacher to 77 years in jail, the heaviest
penalty imposed by authorities desperate to halt a wave of poaching that is threatening the population of the endangered animals.
Whenever the
court shall determine that a violation of this section has occurred, the
court may
impose a civil
penalty of not more than one thousand dollars for each violation.
The Education Practices Commission may suspend the educator certificate of any person as defined in s. 1012.01 (2) or (3) for up to 5 years, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for that period of time, after which the holder may return to teaching as provided in subsection (4); may revoke the educator certificate of any person, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for up to 10 years, with reinstatement subject to the provisions of subsection (4); may revoke permanently the educator certificate of any person thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students; may suspend the educator certificate, upon an order of the
court or notice by the Department of Revenue relating to the payment of child support; or may
impose any other
penalty provided by law, if the person:
(a) any fine,
penalty, restitution order or other order similar in nature to a fine,
penalty or restitution order,
imposed by a
court in respect of an offence, or any debt arising out of a recognizance or bail;
The exceptions to this rule are:
penalties, fines, forfeiture and compensation orders
imposed by any
court, any liability due to fraud, any obligation to pay aliment, student loans, and money owed to someone who holds a security on your property such as a secured loan or mortgage loan.
Most debts except: fines,
penalties, compensation and forfeiture orders
imposed by any
court; any debt that has been incurred through fraud; student loans; any obligation to pay maintenance to an ex-spouse due under a
court order (not Child Support Agency arrears or Child Maintenance Service arrears); and money owed to a creditor whose debt is secured on your property (such as a mortgage or secured loan).
The Misdemeanor
Court of the Union of Three Rivers of Cartago
imposed the maximum
penalty of 30 days in fines.
[FN73] Further, the
court declared that the MBTA can be applied to
impose criminal
penalties on those who did not intend to kill migratory birds, because the guilty act alone was sufficient to make out the crime.
Can the judge
impose any kind of
penalties on Happer, Koonin and Lindzen for their efforts to deliberately mislead the
court in their submission to him?
What
penalty would a
court impose for killing off a geological epoch?
HUNDREDS of «carbon cops» will police compliance with the carbon tax and will have the power to inspect premises, take companies to
court and
impose financial
penalties.
The
Court: But it is well understood also that when the Crown sets out a
penalty as being an appropriate one, it's pretty rare for a judge to
impose a higher
penalty than what the Crown submits is appropriate, given that the Crown is making submissions based on caselaw.
Only, 62 involve civilian death
penalties imposed in federal
courts (mostly in states that have the death
penalty) and another 6 involve death
penalties imposed in military
courts (mostly in states that allow the death
penalty or abroad).
Indeed, the
court can
impose stiff
penalties on parties who neglect this duty.
If the police don't warn the person of the
penalties and the person still refuses, then the law says that the
court can't
impose the
penalties the person wasn't warned about.
On July 31, 2015 the Supreme
Court of Canada decided that proceedings under Canada's Income Tax Act (ITA) are administrative, not criminal, and a
penalty imposed under it is not a «true penal consequence» — and the person on whom such a
penalty is
imposed doesn't get the protection of Canadian Charter of Rights and Freedoms» (section 11 (d)-RRB- guarantees of the presumption of innocence, proof of guilt beyond a reasonable doubt, and right to a fair and public hearing.
Applying the fine - tuned
penalties doctrine, the Supreme
Court found that both clauses
imposed a primary obligation, not a secondary one, and were therefore not
penalty clauses which would be unenforceable.
The majority of the Supreme
Court held that the new test to determine
penalty clauses is whether the impugned provision is a secondary obligation which
imposes a detriment on the contract - breaker out of all proportion to any legitimate interest of the innocent party in the enforcement of the primary obligation.1
In the case at bar, the Supreme
Court overturned an increase in sentence
imposed by the
Court of Appeal, noting that «if Parliament hopes to sustain mandatory minimum
penalties for offences that cast a wide net, it should consider narrowing their reach so that they only catch offenders that merit the mandatory minimum sentences.»
The
Court held that in such circumstances the DPA can not
impose penalties outside its own Member State and must instead request the DPA in the relevant state to exercise its powers.
The fact that the relationship did not appear to affect Hunter's legal duties played a factor in the
court's decision to
impose a fairly reserved
penalty.
Several endorsing judgments followed with a worrying acceptance on the part of the
courts that «lies are told in litigation every day up and down the country and quite rightly do not lead to a
penalty being
imposed...».
The Austrian law provided that in the event of failure to disclose accounting documents at the latest within nine months of the balance sheet date, the
court responsible for maintaining the commercial register had to
impose a minimum periodic
penalty of 700 Euros on the company concerned, without prior notice or allowing the company an opportunity to make its views known.
The
court will hear three appeals, two of which challenge British Columbia's drunk - driving laws and the power of police officers to
impose penalties at roadside stops, and another involving the paramountcy of the federal Bankruptcy and Insolvency Act over conflicting provincial statutes.
In South Carolina the family
court will
impose a heavy
penalty on a spouse who commits adultery.
It is clear from the case that the supervisor's prior convictions and unpaid fines weighed significantly in the
court's decision to
impose a custodial sentence in a case that might otherwise have attracted a significant monetary
penalty but not resulted in jail time.
However, they confirm that the
courts will
impose jail terms where lesser
penalties have not deterred the defendant or where the
court believes a monetary
penalty is insufficient in the circumstances.
If fines are seen both by the government and the
courts as the main sentencing option, and the
courts are indicating that sentencing
courts should not shy away from significant monetary
penalties, it seems reasonable to anticipate a significant escalation in the
penalties sought against, and
imposed on, individuals convicted under the OHSA.