Sentences with phrase «application of rule»

(Sec. 13303) This section modifies the rule providing for the nonrecognition of gain in the case of like - kind exchanges to limit the application of the rule to real property that is not held primarily for sale.

The Agencies intend to publish a supplemental proposal to request comment on possible exemptions for «streamlined» refinance programs and small dollar loans, as well as to seek comment on whether application of the rule to loans secured by certain other property types, such as existing manufactured homes, is appropriate.

In such circumstances application of a rule of evidence to exclude such material unless it is evidence of general reputation may work substantial injustice... [25]

In such circumstances, application of a rule of evidence to exclude such material unless it is evidence of general reputation may work substantial injustice.

The foregoing demonstrates that the application of Rule 1910.16 - 5 (m) has been fact - specific and inconsistent in shared custody cases, partly because the «abuse of discretion» standard of appellate review necessitates subjective analysis of a myriad and disparate variety of family circumstances.

Contracts under private law: Using Bitcoin does not render parties exempt from the application of the rule of law

Prohibits application of the rule of joint and several liability in actions for punitive damages, except for wrongful death actions, actions for intentional infliction of physical injury, and class actions.

Despite its broad deterrent purpose, the exclusionary rule has never been interpreted to proscribe the use of illegally seized evidence in all proceedings or against all persons... the application of the rule has been restricted to those areas where its remedial objectives are thought most efficaciously served.

The judge's reflection upon and revision of his own order is based on a fair application of the rule of law and civil procedure.

The Secretary believes that this exemption is warranted because application of the rule could have the unintended effect of impeding or frustrating the conduct of such activities, such as interfering with the ability of military command authorities to obtain protected health information on prisoners of war, refugees, or detainees for whom they are responsible under international law.

The provision does not affect the application of this rule to other health care provided to Start Printed Page 82527individuals or to their relationship with health care providers that they select.

The application of this rule will depend on the purposes for which the participants in such arrangements share protected health information, whether some or all participants are under common ownership or control, and similar matters.

Accordingly, the final rule gives covered entities some flexibility to segregate or aggregate its operations for purposes of the application of this rule.

The application of this rule — by which the Registrar refused Dr. Gehl's application — is unreasonable because it is at odds with the purpose of s. 6 of the Indian Act, which is to provide for the registration of persons who are entitled to registration.

In saying that the rule mainly applies in litigation and that the possibility of tactical abuses is especially high where large clients deal with large law firms, the Court appears to be sending clear signals about the intended application of the rule.

By giving the most repugnant appellant full recourse to meaningful appellate review, and by subjecting the apparently most deserving convictions to careful appellate scrutiny the integrity of the process is maintained and a commitment to the unbending application of the rule of law is affirmed...

Although an order denying routine costs is reviewed under the deferential abuse of discretion standard, there is an important qualifier to application of this rule — there must be an indication that the trial court actually did exercise discretion.

The Trial Judge found the failure to cross-examine Mr. Lu and Mr. Calcine with respect to the alcohol detail and the marijuana detail did not warrant a «strict» application of the rule in Browne v Dunn, yet he applied the remedy for breach of the rule — assessing the credibility of the Appellant in a manner reflecting the fact counsel did not give the complainants a chance to explain the contradiction.

Citing R v Schmaltz, 2015 ABCA 4 at para. 13 and R v Werkman, 2007 ABCA 130 at para. 3, the Court of Appeal found both the issue of trial fairness and application of the rule in Browne v Dunn were questions of law reviewable on the correctness standard.

We urged the bright line rule that the Court adopted in its holding today — «Amici respectfully submit that the Court should affirm the result reached by the Second Circuit and establish a bright line rule limiting the application of rule 10 (b) to securities bought or sold in the United States.»

Bars application of the rule joint and several liability in the recovery of all damages from defendants found to be less than 50 % at fault unless the defendant committed an intentional tort.

Courts have also been creative in their application of the rule.

Bars application of the rule of joint and several liability in the recovery of noneconomic damages.

Advising and representing executors in relation to the continued application of the rule in Parker v Felgate and in the Court of Appeal on the question of whether executors are able to recover their own legal costs where the principal beneficiary is separately represented.

The judgment seeks to reconcile a number of authorities on the extent of the application of Rule 7.55 to insolvency proceedings.

There was no mention of the potential application of Rule 41 (3)(now Rule 12 - 6 (8)-RRB-.

The Supreme Court's judgment is confined to the penalty rule and is now the leading case on the subject, defining «the true test» for the application of the rule.

The business community needs the firm and consistent application of the rule of law, thus contributing to economic development.

So construed question of law would include (without attempting anything like an exhaustive definition which would be impossible) questions touching the scope, effect or application of a rule of law which the courts apply in determining the rights of parties; and by long usage, the term question of law has come to be applied to questions which, when arising at a trial by a judge and jury, would fall exclusively to the judge for determination.»

APPLICATION OF RULE 17 (14) At a case conference, settlement conference or trial management conference conducted by the Family Case Manager, rule 17 applies subject to the following changes:

«There may have been a good and valid reason, but the rigid application of the rule could result in a good director who is truly looking after shareholders getting turfed, and that's clearly not in their best interests,» he says.

Questions of law are questions about the scope, effect or application of a rule of law.

There are some other comments regarding the application of the rule to attorneys (pp. 32 — 37), but the main thrust of the rule is that those nonbank entities engaged in the regular practice of debt collection will be subject to oversight by the CFPB.

The limited scope of application of the rule is illustrated by Neil and Strother.

Involved a dispute over the application of the rule against recovery by a shareholder of reflective loss, and a double derivative claim made in respect of a Cayman company with a BVI parent.

In my view, the application of Rule 22 - 7 in the circumstances furthers the object of the Civil Rules to «secure the just, speedy and inexpensive determination of every proceeding on its merits.»

I realized a more universal application of this rule as well, one that many people miss.

Application of this rule may alter the timing and character of distributions to shareholders.

Application of the rule is simple.

Jobs involving repetitive tasks and the routine application of rule sets are in the process of being automated out of existence.

I've never considered this particular application of Rule 63 before, but... yes.

Cosmology is simply the repeated application of the rule that governs how the pattern evolves.

An application of Rule 10.1 (b), which was on the books until August 2016, would have found UNC knee deep in tar and with little chance to avoid punishment.

Out of the choices I've listed, option number three seems like the fairest application of the rule.

FINRA should provide clear guidance on the application of Rule 3280 to Members that are also Registered Investment Advisers.

The other key puzzle piece is smart contracts, which enables the application of rule sets and automated execution of those rules to funds transfer.

Unless the head of an agency certifies that a proposed Rule is not likely to have a significant economic impact on a substantial number of small entities, section 604 of the RFA requires that the agency present a final regulatory flexibility analysis (FRFA) describing the Rule's impact on small entities and explaining how the agency made its decisions with respect to the application of the Rule to small entities.

The most widely known application of that rule is the exclusion of evidence that law enforcement officials obtained in violation of a criminal suspect's constitutional rights.

The bank's board reiterated its support for management on Friday and said Societe Generale was «especially vigilant» over the application of rules and safeguards against money laundering and tax evasion.

In a similar way, trading market fragmentation caused by ill - designed rules and burdensome regulations — and the application of those rules abroad — is harming market liquidity and market safety and soundness, increasing the systemic risk that the Dodd - Frank Act was predicated on reducing.