Sentences with phrase «acting under the judgments»

The nation's founders far more than our contemporaries saw themselves as acting under the judgment of history.

President Lincoln saw himself as acting under the judgments of history and of God.

Not exact matches

«The good news is that the reign of God, present in Jesus Christ, has brought us all together under judgment and has in the same act brought us all together under grace.

«Paraclete» is a forensic term for the lawyer or counselor who acts for a client on trial.43 Accordingly, the Paraclete was the one who stood up in Jewish court for the disciples under accusation and threat of judgment.

During the final three years of Zedekiah's reign, Jerusalem remains under Babylonian siege and Jeremiah remains the outspoken prophet of the impending tragedy as Yahweh's act of judgment.

The Court gave examples of such legislative violations of due process of law: «Acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments and acts directly transferring one man's estate to another, legislative judgments and decrees, and other similar special, partial, and arbitrary exertions of power under the forms of legislation.»

The court held that the case is an abuse of the court process in view of the earlier judgment of the court in 2002 which upheld the sanctity of the rights of the Minister to issue licences to places of worship to conduct marriages, and the Registrar under the Marriage Act to register marriages.

Parts of the judgment read: «A DECLARATION that by virtue of the provisions of Section 4 (a) of the Freedom of Information Act 2011, the Defendants are under a binding legal obligation to provide the Plaintiff with up to date information relating to the following:

Nevertheless, there is still a story to be told, and the essential part of it is that the program that education reformers have tried to promote now for decades — introduce more choices of schools for students, enable competition among schools, open up paths for preparing teachers and administrators outside schools of education, improve measures of student achievement and teacher competence, enable administrators to act on the basis of such measures, and limit the power of teachers unions — has been advanced under the Obama administration, in the judgment of authors Maranto and McShane.

Judge Norman Black of the U.S. District Court for the Southern District of Texas, in a summary judgment, ruled that student - initiated religious - study meetings prohibited by two schools in the Spring Branch Independent School District are, in fact, permissible under the Equal Access Act, according to Maurice Amidei, counsel for the...

As documented under Section 1115 of Title I, Part A of the Every Students Succeeds Act (ESSA), a local education agency receiving Title I funds «may use funds received under this part only for programs that provide services to eligible children under subsection (b) identified as having the greatest need for special assistance... Eligible children are children identified by the school as failing, or most at risk of failing, to meet the State's challenging student academic achievement standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of such criteria as teacher judgment, interviews with parents, and developmentally appropriate measures».

This perspective was recently given legal validation with the judgment in the case of Re-Digi vs. Capitol Records, where the judge ruled against the idea that digital products qualified for First Sale protection under the law and reinforced the perspective of the Digital Millennium Copyright Act that digital products constitute a completely different category of products from hard copy products.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.

Polar Bear Protection: A federal judge upheld the decision by the George W. Bush administration to grant polar bears threatened status under the Endangered Species Act, but did not pass judgment on environmentalists» argument that the bear should get the act's more protective «endangered» designation, or the argument that the bear's status justified restricting greenhouse gases warming the climaAct, but did not pass judgment on environmentalists» argument that the bear should get the act's more protective «endangered» designation, or the argument that the bear's status justified restricting greenhouse gases warming the climaact's more protective «endangered» designation, or the argument that the bear's status justified restricting greenhouse gases warming the climate.

He also cited the need to uphold the Lugano Convention (the equivalent of the Brussels convention on jurisdiction for European Economic Area states) which is incorporated into English law under the Civil Jurisdiction and Judgments Act 1982.

Once judgment is obtained the team advises and takes action in relation to enforcement, using remedies under the Civil Procedure Rules or the Insolvency Act as appropriate.

And while perpetrators may look to bankruptcy as a way to escape the financial obligations of a civil judgment against them, Grace points out that the federal Bankruptcy and Insolvency Act exempts civil damages arising out of sexual assaults from the debts released by a discharge under the Act.

The Chamber joined with a coalition of business groups to file a reply brief in support of its cross-motion for summary judgment in these two cases concerning the listing of the northern long - eared bat as a threatened species under the Endangered Species Act.

Because if, upon that business, the court had proceeded, its judgments (for its opinions are its judgments) might, under the same act, have been revised and controlled by the legislature, and by an officer in the executive department.

She adds that «Nigerian courts are eager to enforce arbitral awards and the regulatory framework under the New York Convention and Foreign Judgments (Reciprocal Enforcements) Act largely favours enforcement of foreign awards».

Caroline is instructed in a wide range of commercial and chancery disputes including: general contractual disputes; civil fraud; breach of directors» duties; shareholder disputes; derivative claims; jurisdiction issues; applications under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance; enforcement of foreign judgments; mortgage fraud and claims concerning undue influence.

The insurer denied coverage to Mr. Hoang, and the plaintiffs were forced to bring an action for coverage, under section 258 (1) of the Insurance Act directly against the defendant insurer to have the insurance money payable under Mr. Hoang's motor vehicle policy applied toward satisfaction of the judgment.

There's a wealth of interesting and essential material here: a restatement of the directors» fiduciary duty to the corporation, and the extent to which consideration of other stakeholders» interests may enter into that duty; the «business judgment» rule; the obligation of a court in approving an arrangement under s. 192 of the Canada Business Corporations Act and the test to be used; and the nature of the s. 241 oppression remedy and the interests protected.

Heartless bypass The ECtHR stated in its judgment that had the authority sought to evict the husband under the Housing Act 1985, s 84, it would have been open to him to ask the court to determine whether or not the wife had really left the home because of domestic violence and whether or not, in his personal circumstances, including his need to provide accommodation for his children during overnight visits several time a week, it was reasonable to grant a possession order.

Section 21 (1) states that «an appeal lies to the appellate court from any judgment or order, whether final or interim rendered or made by a court under this act.»

Eight per cent judgment debt rate interest can not run under the Supreme Court Act 1981 (SCA 1981) if already running under LPCD (I) A 1998 (SCA 1981, s 35A (4)-RRB-.

Finding that Veoh qualifies for protection under the safe harbor provision of the Digital Millennium Copyright Act, U.S. District Judge A. Howard Matz granted summary judgment dismissing Universal's suit.

Hogan Lovells partner Markus Burgstaller, who acted for the Slovak Republic, said: «As many arbitrations under such treaties are currently pending, the Court's judgment is likely to have far - reaching consequences.

The judgment is among the largest ever issued against a foreign nation under the Foreign Sovereign Immunities Act, according to a press release by Cohen Milstein Sellers & Toll, which represented the plaintiffs with co-counsel Karsman McKenzie & Hart.

In 2015, after transfer to the Eastern District of California for trial, he prevailed on a second motion for summary judgment dismissing the plaintiff's remaining claim for cost recovery under the Polanco Act.

In particular, this judgment from the jurisdiction's apex court has clarified definitively the limits of an enforcing Court's power to order security as a condition on the right to have a decision of a properly arguable challenge under the New York Convention 1958 and the English Arbitration Act 1996.

He was instructed for the preference shareholders in the Barings Litigation; Law Debenture Trust Corporation Plc v Elektrim Finance NV and Ors (termination of trust bond under Saunders v Vautier rule); advised a major rock group (Queen) on a shareholder dispute; been instructed in respect of shareholder disputes in the Cayman Islands and the British Virgin Islands; recently advised on two separate schemes of arrangement under s. 425 of the Companies Act; recently appeared in the Turks & Caicos Islands on multi-million dollar breach of director's duties; acted in the US$ 3bn shareholder dispute between Telenor East and Vimpelcom and Altimo Group; acted for bank seeking to recover US$ 200m in VTB v Nutritek (Supreme Court judgment).

(2) from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any Act other than this Code;

Section 1338 (a) requires federal courts to hear cases involving claims for relief under the Patent Act, including infringement and declaratory judgment actions.

The focus of his work in this area typically arises out of claims for interim injunctive relief where issues of jurisdiction arise (including under the Recast Brussels Regulation), and injunctions in support of foreign proceedings (under section 25 Civil Jurisdiction and Judgments Act 1982).

Where proceedings have been taken to the point of judgment against a person who was not the correct defendant, that person might recover by way of contribution or indemnity, under s 1 of the Civil Liability (Contribution) Act 1978, against the person who should have been the defendant.

An alternative would be for the UK to enter into bilateral arrangements with EU Member States under the Administration of Justice Act 1920 or the Foreign Judgments (Reciprocal Enforcement) Act 1933.

In the recent Ontario Superior Court of Justice decision in 2147191 Ontario Inc. v. Springdale Pizza Depot Ltd., the plaintiffs brought a partial summary judgment motion seeking to rescind a franchise agreement under the Arthur Wishart Act (Franchise Disclosure), 2000 (the «Act»).

More than three years ago the Supreme Court handed down judgment in a long - running piece of litigation under the Freedom of Information Act 2000 (FOIA).

The recent Ontario Superior Court of Justice decision in 2337310 Ontario Inc. v. 2264145 Ontario Inc., 2014 ONSC 4370, addressed a partial summary judgment motion brought by the franchisee of a cafe seeking a declaration that it was entitled to exercise its right of rescission under the Arthur Wishart Act (Franchise Disclosure), 2000 («the Act»).

Delivering the main judgment in Commrs Metropolitan Police v DSD & Anor [2018] UKSC 11 this week Lord Kerr said: «There was disagreement between us as to whether liability under the Human Rights Act arose only where there had been systematic failures or whether deficiencies in the actual investigation would be enough to make the police liable.

Under the Health Care Lien Act, the total amount of liens are limited and «shall not exceed 40 % of the verdict, judgment, award, settlement or compromise secured by or on behalf of the injured person on his or her claim or right of action.»

Similarly, Ontario's Arbitration Act, 1991 allows a court to refuse to stay proceedings if one of the parties did not have legal capacity to enter into the contract in the first place, the arbitration clause is invalid, the subject - matter of the dispute can not be the subject of arbitration under Ontario law, the party seeking the stay engaged in undue delay, or the matter can be dealt with through default or summary judgment.

In response to the application, the defendant raised the issue of the Master's jurisdiction under s. 9 (3) of the Court of Queen's Bench Act, and the availability of summary judgment in the context of a wrongful dismissal case.

In deciding that wrongful dismissal damages were not an appropriate matter for summary judgment, the court's reasoning expressly went beyond the question of the jurisdiction of a Master under the Court of Queen's Bench Act, but rather was based upon «the purpose and nature of summary judgment applications, trials and summary trials» (at paragraph 31).

The first judgment (2017 QCCS 850) stems from a minority shareholder seeking access to the books and records of plaintiff Moose International Inc. under s. 247 of the Canada Business Corporations Act in order to value its shares in the company and offer them for sale.

One distinction is, however, already hinted at by the Court later on in the judgment: whereas delegated and implementing acts require a basic legislative act, this is not necessary for measures adopted under article 43 (3) TFEU.

Extending the certainty offered under regimes such as the Alberta Reciprocal Enforcement of Judgments Act to all international arbitral awards is not only beneficial because it ensures regulatory consistency, but would also be commercially desirable, helping to avoid costly litigation such as the case at issue here.

Based on the factums submitted to the SCC, the appellant (Yugraneft) is arguing that international arbitral awards should be considered, at least for enforcement purposes, equivalent to foreign judgments, and, as such, should benefit from the 10 - year limitation period under s. 11 of the Alberta Limitations Act.

Among other things: successfully obtaining the continuation of a US $ 2 billion freezing order under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffiths).