Sentences with phrase «actual court of law»

Try using such guilt - by - association as your foremost defense in an actual court of law and you'd be wiped out.

In actual courts of law, the reason the courts keep clarifying their own use of the fallacy is because of advocacy for and against the fallacy.

Not exact matches

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I know most bloggers today are consumed with the June avalanche of Supreme Court opinions and cert grants, but something interesting is afoot in the corporate law world (and more importantly the actual world).

«Attempts now to rewrite the story of this hate crime appear to be based on untrustworthy sources, factual errors, rumors and innuendo rather than the actual evidence gathered by law enforcement and presented in a court of law,» the spokesperson said.

Having endured for half a century a Court that seized authority not confided to it to lay down as unalterable law a liberal social agenda nowhere to be found in the actual Constitution of the United States, conservatives must decide whether they want a Court that behaves in the same way but in the service of their agenda.

We don't really want the Supreme Court to ignore the actual wording of the laws they interpret and go rooting around in the legislative shadows — the so - called «penumbras» — to get a particular result that the plaintiffs may favor.

«Attempts now to rewrite the story of this hate crime appear to be based on untrustworthy sources, factual errors, rumors and innuendo rather than the actual evidence gathered by law enforcement and presented in a court of law.

«We advise our brother to go get actual lawyers to defend his corruption cases in court instead of wishing for a military coup or the disintegration of the country neither would happen for him to escape all the corruption allegations against him in the various courts of law.

That wasn't always the case though, as New York's blue sky law was initially weaker than that of many other states, until the New York Supreme Court determined in People v Federated Radio Corporation (1926) that the act's purpose was to «defeat all kinds of fraud in connection with the sale of securities and commodities and to defeat all unsubstantial and visionary schemes in relation thereto whereby the public is fraudulently exploited,» even if the fraud can't be proven to have «originated in any actual evil design or contrivance to perpetrate fraud or injury upon others.»

What is needed, Giordano says, is a body of «neuroscience for law» that meets the needs of the courts, «while recognizing the actual capabilities and limitations of current neuroscientific tools.»

In this lesson, students learn about copyright laws as they relate to the use of music by working with a team and researching actual court cases ab...

The human - readable deed summarizes the license in easy to understand terms for the average user; the legal license is the actual license lawyers would use in a court of law; and the machine - readable code enables the licensed work to be discovered via search engines like Google and Yahoo!.

A Michigan Court of Appeals held that a statute permitting local school districts to furnish transportation without charge for students of state - approved private schools did not violate Michigan's first Blaine Amendment (Article I, Section 4) because the statute's intended and actual effect was to assist parents in complying with state compulsory education laws while recognizing their right to send their children to religious schools.

Indeed, as University of South Carolina law professor Derek W. Black writes in a recent analysis of waivers, not only does NCLB not authorize conditional waivers, even if a court were to read any waiver authorization as implicitly authorizing conditions, the actual conditions attached — «college - and career - ready standards,» new teacher evaluations, etc. — fundamentally change the law.

That's because when Victoria Strauss in her delusion ignores that written request for a clear retraction and apology, the law firm is well placed to move immediately to the next step of filing the case in her local court, subpoenaing her to appear, and deposing her under oath for the interrogatories that are the prelude to the actual court case.

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and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkOF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the law of any jurisdiction other than the State of New Yorkof any jurisdiction other than the State of New Yorkof New York).

So premise of such study would be the fact that that government would waving these environmental laws and also be looking a way to streamline governmental approval, so that it's the actual construction time which is the limiting factor and not the court cases, approval process which adding all the time to building nuclear power plants.

Another factor continuing to affect Court practice, Zubarev says, is that the August 2014 contraction of the Russian Supreme Court from two separate supreme courts (one dealing with simple civil law disputes and criminal law matters, and another dealing with commercial disputes between companies) into one has resulted in a Court practice «getting more and more difficult», as the Court is less concerned with freedom of contract, and more interested in exploring the actual intent of the parties, and protecting the weaker party.

The U.S. Supreme Court ruled in the case of Missouri v. Jenkins that a law firm may charge for paralegal services at market rates, not just the actual cost to the firm.

If we suspect fraud by any user or actual or potential client of Easy Legal Finance Inc., we may investigate and report any evidence, including personally identifiable information, to law enforcement and tot eh courts in the course of seeking remedies in law or equity.

This is in line with the Court's consistent jurisprudence that includes actual as well as potential effects, whether or on trade between Member States (or on the free movement of goods) in the scope of EU law.

Would also allow an applicant to sue an employer that violates the law to seek punitive and compensatory damages of up to $ 300,000, including actual damages, court costs, and attorney fees.

Economism — the simplistic, unreflecting application of Economics 101 models to complex, real - world issues — is particularly influential in the law, including both legal academia and actual court opinions that decide important questions.

That assertion needs to be measured against the actual words used by the Court in the Westpac leave decision: ``... we are satisfied that it is not reasonably arguable that the Court of Appeal's approach to the law, including its view of the effect of the policy of the legislation, was wrong».

A perceptive follower of the development of the case - law on access to court and justice in general might have noticed that the less willing the Court of Justice to loosen up the constraints in regard of the locus standi for non-privileged applicants, the more generous it seems to be towards the actual acts which can be amenable to judicial recourt and justice in general might have noticed that the less willing the Court of Justice to loosen up the constraints in regard of the locus standi for non-privileged applicants, the more generous it seems to be towards the actual acts which can be amenable to judicial reCourt of Justice to loosen up the constraints in regard of the locus standi for non-privileged applicants, the more generous it seems to be towards the actual acts which can be amenable to judicial review.

Since you are an actual parent, you continue to be a parent and have that authority, until that status in terminated for purposes of the law or until a court order limits your parental authority.

Hale LJ dissented and expressed concern regarding a general enforceability of pre-nuptial agreements and that the law should «not introduce a presumption or starting point in favour of holding the parties to it: the guiding principle should be fairness in the light of the actual and foreseeable circumstances at the time when the court comes to make its order» and stated that «modern marriage still possesses an irreducible minimum, which includes a couple's mutual duty to support one another and their children».

While Canadian courts have repeatedly expressed reluctance to embrace Sullivan - style changes regarding actual malice, 175 three matters must be stressed: first, this proposal is markedly different from Sullivan and does not conflict with the reasons for which the SCC disparaged Sullivan; second, the public figure concept itself predates the Sullivan decision as a defence applicable in infringement of privacy cases and so can be relied on without being dragged into the vortex of debate over the advisability of Sullivan and its progeny; and third, Canadian defamation law already recognizes that certain plaintiffs require different treatment vis - à - vis the remedies available to them, 176 which can be construed as a latent foundation for acceptance of the public figure concept.

However, after lauding Ainsworth's counsel for setting out the law of constructive dismissal, The Honourable Madam Justice Neilson held, with respect to the actual case before the court:

As applied to the stage reached here in the DIFC, the agreement to arbitrate is sufficient waiver to the orders for recognition under Article 42 of the Arbitration Law which are contained in paragraphs 1 and 2 of this Court's order of 29 May 2017, and (though less clearly) the orders for enforcement as a judgment under Article 43 as contained in paragraphs 3 and 4, since they do not deal with execution and actual enforcement on assets.

But the actual legal reasoning underlying the Court's invalidation of the law makes possible another path.

For example, procedural questions may turn on unfamiliar sources of enacted law — such as court local rules or judges» administrative or standing orders — that may be more conveniently found on a given court's official website than on Lexis or Westlaw, if they are available on subscription databases at all.60 And for practicing attorneys, jurisdiction - specific forms and the previous work of other attorneys who have done similar things can be valuable resources.61 So legal blogs, firm white papers, and actual filings available through PACER or Bloomberg Law can be valuable tools — at least as a jumping - off poilaw — such as court local rules or judges» administrative or standing orders — that may be more conveniently found on a given court's official website than on Lexis or Westlaw, if they are available on subscription databases at all.60 And for practicing attorneys, jurisdiction - specific forms and the previous work of other attorneys who have done similar things can be valuable resources.61 So legal blogs, firm white papers, and actual filings available through PACER or Bloomberg Law can be valuable tools — at least as a jumping - off poiLaw can be valuable tools — at least as a jumping - off point.

When combined with the «substantial truth» of the story, the Court affirmed the lower court decision and ruled as a matter of law that the there was no actual malice intended when Doocy and Kilmeade made the commCourt affirmed the lower court decision and ruled as a matter of law that the there was no actual malice intended when Doocy and Kilmeade made the commcourt decision and ruled as a matter of law that the there was no actual malice intended when Doocy and Kilmeade made the comments.

Under section 36 of the Act, the potential remedies for a successful competition law private action are the actual damages (i.e., compensatory damages) proven as a result of the criminal violation (or breach of a Tribunal or court order).

Therefore if you want to understand the actual, enforceable law, read the Constitution (s), legislation and decisions of the courts.

Any BC Family Lawyer who has worked with the BC Supreme Court Family Rules for any length of time understands and has likely experienced that there is often a disconnect between those Rules and the actual practice of family law.

[5] Actual improprieties include violations of law, court rules or provisions of this Code.

However, the Court is only allowed to consider arguments made in the courtroom and in documents properly filed by actual parties in the case as authorized by law and the Rules of Court.

While an ethics complaint can be filed against you because of your failure to properly research a matter and argue it well, not notifying the court of an issue with your client when appropriate, or other matters that come from the actual practice of law.

The fact that one article says the Fifth Amendment requires something is less relevant than the rulings of actual courts on the matter; you can find law review articles supporting all sorts of positions that are not US law (and other articles opposing said positions).

From his viewpoint, this cooperation is the right way «to move the whole debate [about the relationship between the ECJ and national constitutional courts] forward», which is «actually more important» than these conceptual questions [about the scope of primacy of EU law] that are really only of interest to professors at universities» but that «do not make much of a difference in actual practice».

Disputes and Governing Law: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a federal or state court located in the province of Alberta any and all claims, judgments and awards shall be limited to actual out - of - pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys» fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out - of - pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

The court disagreed, saying that the law requires accommodation for actual physical handicaps, «not the alleviation of economic disadvantages that may be correlated with having handicaps.»

The law books are full of court cases like the ones where the swimming pool or the septic bed was built on the land next door, where the new house was constructed on the wrong lot, where a buyer had to pay $ 129,000 to get a right of way to the property and where fences and retaining walls were built some distance from the actual lot boundary.

Matter of Roberts Real Estate v. DOS (171 A.D. 2d 217)- Third Department reverses DOS finding of failure to disclose (51 DOS 90) based upon Real Property Law § 442 - c, where representative brokers did not have actual knowledge of the alleged incident New York Court of Appeals (80 N.Y. 2d 116, October 20, 1992) affirms, with modification that the relevant «actual knowledge» is that of corporate officers, directors and representative brokers; applies RPL § 442 - c to prohibit suspension or revocation on vicarious basis, and remands to DOS to reconsider lesser sanctions.

Is there a way to research at a law library or a court as to the effectiveness of LLCs in protecting business owners in ACTUAL lawsuits?