Sentences with phrase «under appeal code»
Under Appeal Code, note that your funds are to be applied to: The Trammell / Ahlers / Studwell Law Library Fellowship Fund.
https://www.barry.edu/ Not exact matches
In June, California's Fourth District Court of Appeal ruled that a charter school student was not entitled to the evidentiary hearing required under Education Code section 48918 before being dismissed from a charter school for bringing a knife to school and threatening a fellow student (Scott B. v. Orange County High School of Arts 217 Cal.App.4 th 117 (Cal.App.
(d) If any State is dissatisfied with the Secretary's action under subsection (b) or (c) of this section, such State may appeal to the United States district court for the district where the capital of such State is located and judicial review of such action shall be on the record in accordance with the provisions of chapter 7 of title 5, United States Code.
(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.
The appeals court noted that upon forgiveness of the student loan debt by ECMC after the 25 year period, the debtor would owe income tax on the entire $ 95,000 forgiven debt, except to the extent she was insolvent under the tax code, 26 U.S.C. section 108 (a).
The opinion by U.S. Court of Appeals for the Federal Circuit reversed a 2016 jury decision that Google's usage of the code was fair use under copyright law.
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).
While not ruling out the possibility that a without cause termination can still be «unjust» in certain circumstances, the Federal Court of Appeal made clear that simply because a dismissal occurs on a without cause basis does not make it «unjust» under Section 240 of the Canada Code.
In HH v RG, 2013 CanLII 90297 (ON HPARB), a case from the Ontario Health Professionals Appeal and Review Board, the Board confirmed that cigarette addiction could be a disability under the Ontario Human Rights Code, but went on to hold that the same could not be used to dictate patient care:
The Crown appealed the acquittal under s. 676 (1)(a) of the Code.
In June, the Ontario Court of Appeal ruled that statements compelled by the Highway Traffic Act can no longer be used as grounds for a police officer to demand that a suspected drunk driver blow into a screening device, under the Criminal Code.
[13] The threshold question on this appeal is whether the justice of the peace who issued the search warrant acted on reasonable and probable grounds, as required under both the Criminal Code and the Charter.
[1] The Court is seized with an appeal as of right brought under s. 691 (1)(a) of the Criminal Code, R.S.C. 1985, c. C - 46, from a judgment of the Alberta Court of Appeal (2010 ABCA 131, 477 A.R. 208) rendered on April 22,appeal as of right brought under s. 691 (1)(a) of the Criminal Code, R.S.C. 1985, c. C - 46, from a judgment of the Alberta Court of Appeal (2010 ABCA 131, 477 A.R. 208) rendered on April 22,Appeal (2010 ABCA 131, 477 A.R. 208) rendered on April 22, 2010.
The Criminal Code does not provide for appeals from orders under s. 487.3 (4)(sealing order) or s. 487.0193 (4)(revoking or varying the production order).
The Appeal Court held that the accused unlawfully confined Meika rendering them liable for first degree murder under section 231 (5) of the Criminal Code of Canada («CC»).
The Appeals Court decided that a contractor is liable under Chapter 93A for a building code violation even if the homeowner agrees to the work performed or even orders that it be done.
Carter et al. v. Canada (Attorney General) et al. 2012 BCCA 502 Practice — Parties — Adding or substituting parties — Intervenors — On appeal Canada appealed from the order of Justice Lynn Smith, which declared that the provisions of the Criminal Code that prohibited physician - assisted suicide unjustifiably infringed s. 7 and s. 15 of the Charter and were of no force and effect where the assistance was provided under a number of conditions.
The appeal, brought by the Downtown Vancouver Business Improvement Association (DVBIA) and the City of Vancouver (COV), seeks to overturn a finding that the Downtown Ambassadors private security program's targeted and repeated removal of homeless persons from public spaces in downtown Vancouver constituted discrimination under the BC Human Rights Code.
The Appeals Officer ruled that the obligation to inspect under paragraph 125 (1)(z. 12) of the Code does not apply to any place where a letter carrier is engaged in work outside the physical building, given that the Employer does not exercise control over these workplaces.
However, the Court of Appeal confirmed the broad remedial jurisdiction afforded to the Tribunal under the Ontario Human Rights Code to order a party to do anything the Tribunal thinks it should in order to promote compliance with the Act.
Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.
Importance: The primary issue before the Court of Appeal was whether the Divisional Court properly applied the reasonableness standard to the Tribunal's decision — the blog posts did not infringe Ms. Taylor - Baptiste's right to equal treatment «with respect to employment without discrimination» under section 5 (1) of the Code.
Briefed interlocutory appeal to the Oklahoma Supreme Court involving interpretation of statutory penalties under the Oklahoma Franchise Tax Code.
The Court of Appeal affirmed that human rights damages are remedial damages, and compensate for the intrinsic value of the infringement of rights under the Code.
This week, West Coast LEAF is at the BC Court of Appeal in coalition with the Community Legal Assistance Society (CLAS) speaking out for homeless people's right to access justice under the BC Human Rights Code.
The Court of Appeal found that the award was consistent with established legal principles, emphasizing that there is no cap on such awards under the Human Rights Code.
(2) Sections 109 (constitutional questions) and 123 (giving decisions), section 125 and subsection 126 (5)(language of proceedings) and sections 132 (judge sitting on appeal), 136 (prohibition against photography at court hearing) and 146 (where procedures not provided) also apply to proceedings under the Criminal Code (Canada), except in so far as they are inconsistent with that Act.
(3) If an appeal is made under this section in respect of a matter in which a question is pending before the Building Code Commission, the proceeding before the Commission is terminated.
Continue Reading Federal Court of Appeal Delivers Tie - Breaking Decision: Without - Cause Dismissals Allowed under the Canada Labour Code
The Federal Court of Appeal (the «FCA») has laid to rest the long - standing debate over whether employees could be dismissed without cause under the Canada Labour Code (the «Code»).
Federal Court of Appeal Delivers Tie - Breaking Decision: Without - Cause Dismissals Allowed under the Canada Labour Code
Court of Appeal granted petition for writ of mandate in favor of Robie & Matthai client, holding that the trial court erred in granting a «good faith» settlement motion under Code of Civil Procedure section 877.6.
After reviewing basic principles concerning s. 8 of the Charter [118] and the reasoning of the first appellate court (the Divisional Court), [119 - 131] the Court of Appeal concluded the summons power was a reasonable power, properly constrained, when used by an investigator appointed under s. 75 of the Code.
After a prior appeal in this same case, the plaintiff sought to recover prejudg ement and appellate attorney fees under Civil Code section 1717 (attorney fees provided by contract).
There is concurrent jurisdiction in the Superior Court of Justice and the Court of Appeal to conduct a bail review under section 520 of the Criminal Code.
Under s. 679 (3) of the Criminal Code, an appellant must satisfy the court that: (i) his appeal is not frivolous; (ii) he will surrender into custody in accordance with the terms of the release order; and (iii) his detention is not necessary in the public interest (para. 8).
In R. v. Kazenelson, the Ontario Court of Appeal recently upheld the conviction and the sentence imposed on a project manager who had been found guilty under the Criminal Code for criminal negligence causing death and criminal negligence causing bodily harm, arising from the collapse of a swing stage in 2009.
The central issue under appeal was whether the Crown had identified a question of law alone (appealable) or a mixed question of law and fact (non-appealable) in accordance with section 676 (1)(a) of the Criminal Code.
We have seen the Court of Appeal's rejection of the appeal in the case of British Airways and the employee wanting to wear a cross necklace in defiance of the company's dress code (Eweida v BA plc [2010] EWCA Civ 80, [2010] All ER (D) 144 (Feb)-RRB- and also that court's decision in the Buckland case which was widely reported in the press in terms of «Professor wins case about dumbing down university degrees» but which was of much greater legal significance for ridding the law on constructive dismissal of the heresy that the range of reasonable responses test applies to such dismissals, under which the ex-employee could only succeed in showing constructive dismissal if he could prove that the employer's behaviour was so bad that no reasonable employer could possibly have behaved in that way, ie that the employer had not just behaved as too much of an Alan (B'Stard) but as a grade one Olympic standard Alan (Buckland v Bournemouth University [2010] EWCA Civ 121, [2010] All ER (D) 299 (Feb)Appeal's rejection of the appeal in the case of British Airways and the employee wanting to wear a cross necklace in defiance of the company's dress code (Eweida v BA plc [2010] EWCA Civ 80, [2010] All ER (D) 144 (Feb)-RRB- and also that court's decision in the Buckland case which was widely reported in the press in terms of «Professor wins case about dumbing down university degrees» but which was of much greater legal significance for ridding the law on constructive dismissal of the heresy that the range of reasonable responses test applies to such dismissals, under which the ex-employee could only succeed in showing constructive dismissal if he could prove that the employer's behaviour was so bad that no reasonable employer could possibly have behaved in that way, ie that the employer had not just behaved as too much of an Alan (B'Stard) but as a grade one Olympic standard Alan (Buckland v Bournemouth University [2010] EWCA Civ 121, [2010] All ER (D) 299 (Feb)appeal in the case of British Airways and the employee wanting to wear a cross necklace in defiance of the company's dress code (Eweida v BA plc [2010] EWCA Civ 80, [2010] All ER (D) 144 (Feb)-RRB- and also that court's decision in the Buckland case which was widely reported in the press in terms of «Professor wins case about dumbing down university degrees» but which was of much greater legal significance for ridding the law on constructive dismissal of the heresy that the range of reasonable responses test applies to such dismissals, under which the ex-employee could only succeed in showing constructive dismissal if he could prove that the employer's behaviour was so bad that no reasonable employer could possibly have behaved in that way, ie that the employer had not just behaved as too much of an Alan (B'Stard) but as a grade one Olympic standard Alan (Buckland v Bournemouth University [2010] EWCA Civ 121, [2010] All ER (D) 299 (Feb)-RRB-.
The coding clerks for a court (say, all coding clerks for the U.S. Court of Appeals for the Sixth Circuit) met under the supervision of the Chief Judge of the Court to consider suggestions aimed at that court's decisions.
She sits as a grievance arbitrator and unjust dismissal adjudicator under the Canada Labour Code and for a number of years she was a Panel Chair on the Insurance Councils Appeal Board.
Although a statutory review or appeal body may have exclusive jurisdiction under its enabling statute, the Human Rights Code provides the Code will prevail in the event of any conflict between the Code and another enactment (s. 4).
Forms for Conservator / Guardian Matters: The forms listed in this inventory were prepared for the West Virginia Supreme Court of Appeals for use in conservator and guardian cases in the circuit courts of West Virginia under the provisions of West Virginia Code 44A - 1 - 1, et seq., which became effective on June 10, 1994, and has been subsequently amended.
On appeal, the insured argued its extracontractual claims under chapters 541 and 542 of the Texas Insurance Code and the claim for breach of the duty of good faith and fair dealing were not barred by acceptance of the appraisal award.
Lawyers are precluded under their codes of professional conduct from recording conversations with clients and other lawyers without informing them, but in a situation analogous to Shepherd's — where there is bullying, harassment, misrepresentation of the law and a power imbalance among parties — I'd be very tempted to record it anyway and take my chances with a discipline panel, the Court of Appeal and the court of public opinion.
R. v. McCallum (N.J.) 2013 ABQB 175 Criminal Law — Compelling appearance, detention and release — Interim release or detention of accused pending trial or appeal — Review In August 2012, the court issued a notice to the profession, setting out, as a pilot project for Edmonton, «Changes to s. 525 Detention Review and s. 520 Bail Review Hearings» under the Criminal Code.
The second one involved an ex-wife's appeal of a needs - based $ 10,000 fees award to ex-husband under Family Code sections 2030 and 2032.
In R v. Boutilier, the British Columbia Court of Appeal concluded that the Crown has a right, under s. 759 (2) of the Criminal Code, to appealAppeal concluded that the Crown has a right, under s. 759 (2) of the Criminal Code, to appealappeal final
Farris partner Alison Narod is an administrative decision - maker, hearing cases as Disciplinary Panel Chair of Investment Industry Regulatory Organization of Canada and as a tribunal member in the Community Care and Assisted Living Appeal Board and for a period on the list of arbitrators under BC Labour Relations Code.
How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 E-mail: [email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request