Sentences with phrase «affirmative duty»

The phrase "affirmative duty" means that you have a responsibility to take action or do something, rather than just refraining from doing something. It emphasizes that you are expected to actively fulfill this duty or obligation. Full definition
Would the federal government have its own affirmative duty to provide additional federal funds — which currently make up less than 10 percent of all nationwide funding for K — 12 education?
In Quebec, the Animal Health Protection Act (R.S.Q. c. P - 42) includes sections which impose en affirmative duty of care towards animals.
An agent who represents only the buyer owes the following affirmative duties to the buyer, the other parties and the other parties» agents involved in a real estate transaction:
An agent who represents only the seller owes the following affirmative duties to the seller, the other parties and the other parties» agents involved in a real estate transaction:
The affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitation which it has imposed on his freedom to act on his own behalf.
The reason is that under the law, we generally don't owe an affirmative duty to strangers.
«Borrowers could not reasonably rely on Navient to counsel them into alternative payment plans unless Navient had an affirmative duty to provide such individualized financial counseling.
Any person who is engaged in or is engaging in or is about to engage in any act or practice which is prohibited by this Part or any rule, regulation, or order promulgated or issued pursuant to this Chapter, or any person who has failed to act or is failing to act or is about to fail to act under any affirmative duty imposed by this Part or any rule, regulation, or order promulgated or issued pursuant to this Chapter, shall be subject to appropriate action by the commissioner.
[FN112] Thus, the constitution places on the FWCC an affirmative duty to protect and conserve Florida's native wild animal life.
EPA's statutorily prescribed, affirmative duty under the Clean Water Act to protect the natural environment and the public health of citizens played second fiddle to the concerns of coal mining representatives at a July 14 House Oversight subcommittee hearing.
The CWA is by no means obscure in delineating both EPA's regulatory authority and affirmative duty to assure compliance with clean water law and regulations in order to protect human health and the environment.
This decision establishes that in order to secure the benefits of the tolling statute, plaintiffs in medical malpractice cases have an affirmative duty to establish compliance with the explicit terms of the statute, 18 Del..
This affirmative duty would require that manufacturers or processors of a chemical substance, in addition to supplying minimum datasets, provide declarations including:
Many states have begun enacting «failure to protect» laws, whereby a parent who knows another parent (or sibling / domestic partner - anyone who lives in the home) is abusing their child has an affirmative duty to protect the abuse from occurring, and failure to do so often carries the same penalties as the actual abuser faces.
In most states in the Unites States there is no affirmative duty, the failure to report crimes, unless you're a certain class of persons.
So, you may have an affirmative duty, if not now, sometime in the future!
So no, attorneys do not have an affirmative duty to have a backup plan in place.
There does not seem to be any affirmative duty to have a backup plan, no matter how much it may seem like a good idea to have one.
There is no affirmative duty of a mother to inform a father or potential father of the existence of his child, at least outside (1)...
I have previously suggested that law societies consider amending codes of conduct to add an affirmative duty on lawyers to understand the benefits and risks of available technologies relevant to the modern practice of law.
Cruise lines have an affirmative duty to keep their premises safe and free from dangerous conditions that could harm patrons.
As the Sixth Circuit recently elaborated, «[s] chool officials have an affirmative duty to not only ameliorate the harmful effects of disruptions, but to prevent them from happening in the first place.»
Thus, the Supreme Court imposed the affirmative duty of an employer to «exhaust all necessary deliberations» even if it has indications that the representations of the employees are not in good faith.
«It also is well settled in our jurisprudence that there is an affirmative duty on owners and possessors of property: «to exercise reasonable care for the safety of persons reasonably expected to be on the premises * * * includ [ing] an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.»
In practice, 10 U.S.C. § 375 has more bite because a federal prosecutor can and usually would refrain from prosecuting a crime ordered by his ultimate boss, the President, and there is not legal duty to prosecute every possible crime, but 10 U.S.C. § 375 creates an affirmative duty on the party of the Secretary of Defense that might be enforceable in a civil action.
Where «the terms of the relevant immigration statute are succinct, clear, and explicit in defining the removal consequence [s]» of a conviction, the Court says, counsel has an affirmative duty to advise the client that he will be subject to deportation as a result of the plea.
However, truck drivers still have an affirmative duty to drive reasonably and safely when they operate their vehicles on Ohio roadways.
Nursing homes have an affirmative duty to maintain suitable facilities for patients, and this includes avoiding negligence in hiring, maintaining a staff that will fulfill the needs to patients, and avoiding staff conflicts with patients.
The ABA also declined to require that judges disclose every social media connection with someone appearing before them, finding that «because of the open and casual nature of ESM communication, a judge will seldom have an affirmative duty to disclose.»
Small v. State, 736 N.E. 2d 742, 746 (Ind. 2000)(observing «a trial court has no affirmative duty to admonish a jury sua sponte as to such evidentiary matters»).
I have argued elsewhere that law societies should seriously consider amending their respective codes of conduct to add an affirmative duty on lawyers to understand the benefits and risks of available technologies relevant to the modern practice of law.
If the family court is to be a last resort for family resolution, we have an affirmative duty to work with other institutions to educate parents on resources and best practices for parenting their children...
Collaborative professionals have an affirmative duty to educate the public regarding nonadversarial processes.
Collaborative professionals have an affirmative duty to assure that their clients are appropriate for the collaborative process and will share with their collaborative colleagues in an appropriate manner information regarding actual or potential obstacles or challenges associated with their client's beliefs, emotional outlook and status, and on - going or potential behavior which will likely either challenge or impair the process.
For the majority of states, state statutes do not create an affirmative duty to protect personal information.
The court held that the brokerage had an affirmative duty to the agents to make every effort to collect the commissions (or to negotiate a reasonable settlement) and to pay those agents their share of it.
The courts determined that because neither the sellers nor the licensees had any knowledge of lead - based paint in the house and no affirmative duty to discover the presence of the hazard, they weren't guilty of failing to disclose that information and thus violating the act.
The court found that the Act contains an affirmative duty to reasonably accommodate disabled persons.
Utah Rule R162 - 2f - 401a states, «Real estate licensees have an affirmative duty to disclose in writing to buyers and sellers the existence or possible existence of a» «due on sale»» clause in an underlying encumbrance on real property, and the potential consequences of selling or purchasing a property without obtaining the authorization of the holder of the underlying encumbrance.»
Under Oregon law, a seller's agent may show properties owned by another seller to a prospective buyer and may list competing properties for sale without breaching any affirmative duty to the seller
None of these affirmative duties of an agent may be waived, except (7).
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