Sentences with phrase «court term approaches»
As the end of the U.S. Supreme Court term approaches, rumors of retirement have ramped up around Justice Anthony Kennedy, a pivotal judge who often bridges a gap on the bench between conservatives and liberals.
http://www.nystateofpolitics.com/ Not exact matches
In terms of the relationship between black dissidents and their allies and exclusive bargaining agents, the board and court approaches in Draper, Tanner, and Emporium Capwell have it all backwards.
In January DECC submitted an appeal in which they noted that «the High Court's decision was based on the view that the proposed approach to implementing new tariffs for solar PV is inconsistent with the FIT scheme's statutory purpose of encouraging small - scale low - carbon electricity generation» But DECC said «The overriding aim of the proposed reduction in tariffs for solar PV (as set out in the recent consultation) is to ensure that over the long term as many people as possible are encouraged to install small scale low - carbon generation (including other technologies as well as solar PV) and benefit from the funding available for the FIT scheme.
In slightly non-technical terms, the Court's current approach in the field of higher education requirements could be expressed as follows: the Court acknowledges the financial and political pressures that Member States have to deal with, as well as the fact that different Member States may find very different regulatory solutions to these challenges.
Defining contractual obligations — Changes in the Courts» approach to interpretation of contracts and implied terms
Other metrics confirm that the Court has taken a measured approach this term.
The matter then came before the Supreme Court of Canada, which was asked to address an important legal question: in cases where the support terms of an agreement have been incorporated into a court order, what is the proper approach by a court to an application to Court of Canada, which was asked to address an important legal question: in cases where the support terms of an agreement have been incorporated into a court order, what is the proper approach by a court to an application to court order, what is the proper approach by a court to an application to court to an application to vary?
However, this term is not defined in the Rules, and Justice Karakatsanis rejected the full appreciation approach employed by the Court of Appeal,
The circumstances in which courts will imply a term into a commercial contract and the Hoffmann approach to contractual interpretation has been a matter of controversy between practitioners, academics and even between judges in recent years.
Although construing the words which the parties have used in their contract and implying terms into the contract, both involve determining the scope and meaning of the contract and so are both part of construction of the contract in a broad sense, the Supreme Court has decisively ruled that they are subject to different processes, with different approaches.
As such, the decision provides a strong signal to the arbitration user community that the English courts are — at least in this context — likely to adopt a more «common sense / purposive» and less literal approach to contract terms when seeking to ascertain the parties» intentions.
When a court approaches the task of implication with the benefit of hindsight, it must not be tempted to fashion a term which will reflect the merits of the situation as they then appear.
The Supreme Court reviewed recent case law and confirmed the traditional approach that a term can only be implied if it is necessary to give business efficacy to the contract (The Moorcock (1889) 14 PD 64, [1886 - 90] All ER Rep 530) and / or if at the time the contract was being negotiated the parties would both have said it was too obvious to mention (Reigate v Union Manufacturing Co (Ramsbottom) Ltd [1918] 1 KB 592, [1918 - 19] All ER Rep 143).
In terms of deciding when a case for misconduct or incompetence discloses a risk of harm to the public, the court decided that the Inquiry Committee properly instructed itself on the correct approach when it considered the following factors to assess an immediate risk to the public safety:
In terms of deciding when allegations disclose a case for misconduct or incompetence, the court applied the Perry approach directly to HPA s. 35:
With the Federal Court of Appeal's decision this year considering terms like «inventive concept», «the solution taught by the patent» likely mean the same things, we have more available approaches to determining the obviousness of a patent.
Accordingly, the use of the term «regulatory act» in the draft amendment of that provision made it possible to identify the category of acts which might thereafter be the subject of an action for annulment under conditions less stringent than previously, while maintaining «a restrictive approach in relation to actions by individuals against legislative acts (for which the «of direct and individual concern» condition remains applicable)» (see, inter alia, Secretariat of the European Convention, Final report of the discussion circle on the Court of Justice of 25 March 2003, CONV 636/03, paragraph 22, and Cover note from the Praesidium to the Convention of 12 May 2003, CONV 734/03, p. 20).
The Court was also attune to the multicultural nature of Canada, the need for a non-denominational approach, and preferred the term «religious communications» over the historic use of «priest - penitent communications.»
On the other hand in cases such as Protectacoat Firthglow v Szilagyi [2009] EWCA Civ 98, [2009] All ER (D) 208 (Feb) the Court of Appeal took a broader approach and held that there was no need for the parties to have intended to deceive anyone before the written terms were overridden.
The end of the Supreme Court Term is fast approaching and holds great promise for spectators of the highest decisions of our courts.
Mauritius has made great strides in the field of international arbitration, whether in terms of legislative or institutional efforts or of the approach of the Supreme Court to such dispute resolution mechanism.
With the end of days approaching quickly for federal courts in terms of funding (or the lack thereof), many judges are lashing out and declaring all their employees essential.
The interpretation by the motion judge of the terms «spouses» and «marriage» is entirely consistent with the modern approach [to statutory interpretation] mandated by the Supreme Court of Canada [in a prior decision].
The advantage of this approach is two-fold: first, the chutzpah is very often pointed out by the Court (though they haven't yet used the term), a source of great comfort to a somewhat reticent, if not shy, reviewer; secondly, the Government's sharp dealings and disregard for the honour of the Crown more often than not compose the ersatz golden thread running through the Crown's position.
The court in this case considered three issues: i) how, under the existing legislation, the court should set a minimum term when imposing a sentence of imprisonment for public protection where it is imposed upon a prisoner who is already subject to and serving an existing custodial term; ii) How the court should approach, as a matter of principle, imposing a sentence of imprisonment upon someone who is already serving a sentence of imprisonment for public protection and whether in the circumstances of a case such as this some adjustment, if it is otherwise permissible, may be made to the term which he is destined to serve before release may be considered; and iii) how in such circumstances, if it is permissible to do either the first or second as a matter of principle, the court should approach the time spent in custody.
The case of Obrascon serves as an indicator as to how the English Courts will approach the interpretation of FIDIC standard terms, but may also provide insight into how arbitrators with a common law background may approach these issues.
The Court of Appeal declared that it would not limit itself to «narrow considerations of language» but approached the matter in more strategic terms.
By leaving the term undefined, courts are free to follow the Court's lead and adopt an expansive approach to education that extends far beyond accredited educational institutions.
After his sudden demise, his creditors approached the court and asserted their right to get paid out of the proceeds of the Term Insurance policy.
If a person opted for MWP and suppose on his sudden demise, can't his creditors approach his wife (directly or in the court or in any manner) to get paid out of the proceeds of the Term Insurance policy.
From Canada: More Islanders turning to collaborative approach for divorce 21 - Feb - 2016 A growing number of lawyers, mental health professionals and financial professionals on P.E.I. are working to find an alternative approach to divorce through something called collaborative practice: an out - of - court settlement process that helps couples negotiate the terms of separation with a focus on the needs of the family, rather than a win - lose model.
In terms of family law, it has been and will continue to be important that the approach by the Family Court of Western Australia, the Federal Circuit Court and the Family Court as the three main courts exercising jurisdiction under the Family Law Act work cohesively and harmoniously in these ongoing and long term objectives.
The best scenario is that you, your partner and your divorce attorneys approach the pet issue with a goal of arranging an agreement outside of court, including ownership and visitation terms.
This approach helps you avoid going court, as you both meet with your legal representation to hash out the details of property division and divorce terms until the case is settled.