Sentences with phrase «application of the law based»

Not exact matches

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal preference.

There is a systematic effort to develop a theory of law based on the application of economic principles.

The Church is interested in the application of truth based on natural law.

They also posit that the DCO's group - based approach to refugee protection violates the personal focus of international refugee law, which considers the risk to the individual based on his or her context rather the application outcome of a number of people.

Thus, THE ADOPTION BY THE AUTHORITIES OF THE «TRNC» OF CIVIL, ADMINISTRATIVE OR CRIMINAL LAW MEASURES, AND THEIR APPLICATION OR ENFORCEMENT WITHIN THAT TERRITORY, may be regarded as HAVING A LEGAL basis in domestic law for the purposes of the Convention»OF THE «TRNC» OF CIVIL, ADMINISTRATIVE OR CRIMINAL LAW MEASURES, AND THEIR APPLICATION OR ENFORCEMENT WITHIN THAT TERRITORY, may be regarded as HAVING A LEGAL basis in domestic law for the purposes of the Convention»OF CIVIL, ADMINISTRATIVE OR CRIMINAL LAW MEASURES, AND THEIR APPLICATION OR ENFORCEMENT WITHIN THAT TERRITORY, may be regarded as HAVING A LEGAL basis in domestic law for the purposes of the Convention&raquLAW MEASURES, AND THEIR APPLICATION OR ENFORCEMENT WITHIN THAT TERRITORY, may be regarded as HAVING A LEGAL basis in domestic law for the purposes of the Convention&raqulaw for the purposes of the Convention»of the Convention».

Jacobs, in response, opposed the application and urged the court not to grant it considering the weight of the offence adding that, «the defence counsel's submission was not based on law».

I suspect that most of the public probably would not want to see elected officials have the power to approve or deny every project, because it could open the door to favoritism or inconsistent application of the law to give approval to some property owners and deny it from others based on who knows who rather than on the merits of the application.

A proof - of - concept study finds that it is possible to identify an individual's ancestral background based on his or her fingerprint characteristics — a discovery with significant applications for law enforcement and anthropological research.

in whole or in part, copy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law;

Well - functioning school choice requires a federal role in gathering and disseminating high - quality data on school performance; ensures that civil rights laws are enforced; distributes funds based on enrollment of high - need students in particular schools; and supports a growing supply of school options through an expanded, equitably funded charter sector and through the unfettered growth of digital learning via application of the U.S. Constitution's commerce clause.

A central piece of Maryland's application is a new state law and regulations that require new teacher and principal evaluations, half of which will be based on growth in student achievement, said William Reinhard, the spokesman for the Maryland education department.

And the state recently refused to include a teacher evaluation system based on student test scores in its application for a waiver from the mandates of No Child Left Behind laws.

More recently, he's been engaged in projects in Africa examining applications of Western - based law to communities on that continent.

The state education board took the law one step further, pledged in its RttT application that it would pass a regulation requiring 50 percent of a teacher's evaluation to be based on student academic growth on tests.

If we do decline your application on the basis of credit reference checks, we will inform you of this fact and provide you with contact details of the credit reference agency concerned as required by law.

At the time of application, the amount of educational debt based on loans from commercial and government lending institutions, as well as university or other private institutional loans associated with law school and undergraduate educational debts must be greater than or equal to the amount of the LRAP grant.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

From the US military's embrace of solar to reduce dangerous fuel convoys, to the low - tech community benefits of bike - based police patrols, we've often seen that a smarter approach to energy can yield real results for military and law enforcement applications.

On the basis of this case study if judicial review is not available, either in law; or because F does not have the knowledge or resources to fund an application; or if there can be no challenge to the Commission figure at the liability order stage, then F will be fixed with a sealed court document which, on the above facts, represents an unchallengeable misrepresentation of the true facts.

The High Court ruled Part 4 unlawful on the basis it was incompatible with both EU law and the European Convention on Human Rights, in R (on the application of Liberty) v Home Secretary and Foreign Secretary [2018] EWHC 975 (Admin).

A law practice can undoubtedly take advantage of free, cloud - based software applications to handle certain important functions.

Despite the possibility of a switch to voluntary status, it's probably unlikely that law schools would abandon a test deemed so integral to the admissions process — it remains the best way to measure applications against one another and to evaluate merit - based financial aid.

Of course, even if you decide to move to cloud - based services, the issue then becomes: why bother with arguably pricey legal cloud - computing services when there are free cloud - computing applications available for use in your law practice?

[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect.

applying the rule to lawyers is «arbitrary, capricious and contrary to law,» and that the FTC has failed to «articulate, among other things: a rational connection between the practice of law and identity theft; an explanation of how the manner in which lawyers bill their clients can be considered an extension of credit under the [Fair and Accurate Credit Transaction Act]; or any legally supportable basis for application of the Red Flag Rule to lawyers engaged in the practice of law.»

Canna Clinic brought its own application at the same time for an interlocutory injunction to restrain, suspend, exempt from, and stay enforcement of the by - law and the Controlled Drugs and Substances Act on the basis that those laws are unconstitutional.

-- the B.C. Human Rights Tribunal awarded the complainant, Mr. Gichuru, approximately $ 100,000 in compensation (2011 BCHRT 185) for discrimination by the Law Society, based on the Society asking the complainant on membership application forms about any prior treatment for certain mental conditions including mood disorders, and how the Law Society consequently treated him as a result of his disclosing a prior depressive episode.

CosmoLex has been designed to meet Canadian law society regulations for privacy, ethics, accounting, taxes, and security — and handles the entire range of law office operations in a single web - based application, including:

The Ontario Court of Appeal has consistently held that the insured is «entitled to a defence... at no cost to them».2 In other words, an insured is «entitled to be made financially whole» for legal costs incurred in securing a defence under the policy.3 This broad principle has not only been used to indemnify insureds for their past defence costs, but also the future defence costs of counsel of their choice, the costs of the coverage application and the costs of any subsequent appeal.4 This principle of full indemnity is based, not in the law of costs, but in the law of contract.

[30] The criminal justice system is very decentralized in one aspect — trial courts are based in each inhabited island, and there is no «single central judicial authority» to regulate the application of law or judicial conduct.

[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect... [more]

Given that the European Union's own resources include, as provided in Article 2 (1) of Council Decision 2007 / 436 / EC, Euratom of 7 June 2007 on the system of the European Communities» own resources (OJ 2007 L 163, p. 17), revenue from application of a uniform rate to the harmonised VAT assessment bases determined according to European Union rules, there is thus a direct link between the collection of VAT revenue in compliance with the European Union law applicable and the availability to the European Union budget of the corresponding VAT resources, since any lacuna in the collection of the first potentially causes a reduction in the second» (para. 26).

The argument based on Article 49 CFR on the application of a more lenient sentence was dismissed on the basis that change in law occurred after the «sentence» was imposed definitively.

First, the CJEU firmly took sides in the debate on whether the Charter has a different scope of application than the case law based fundamental rights regime.

Unable to benefit from subsequent changes to the law that would have limited the length of the ban, he contested a decision removing him from the electoral roll on the basis of two provisions of the Charter of Fundamental Rights (CFR)-- Article 49 on the application of a more lenient sentence in criminal matters and Article 39 on the right to vote in European Parliament elections.

Arguing otherwise would mean that the scope of the Charter is without limits, as every erroneous application based on EU law would then automatically trigger the substantive protection of the Charter, even where a situation would not come within the scope of EU law at all.

In her contribution, the author argues that while the EU obsession on the choice of the proper legal basis is far from being a thing of the past, the legislative process in criminal law at EU level needs improvements in other key aspects, namely the application of the ultima ratio and proportionality principles when discussing new legislative proposals.

The Human Rights Act prohibits discrimination based on disability (and other characteristics); the case of P.G. v. Baton Rouge Restaurant is an application of that law.

Some countries may recognise common law trademark rights based on the use of a mark, while other jurisdictions give priority to the first party to file a trademark application, regardless of use.

Within the scope of application of EU law national courts can already now apply higher standards of fundamental rights protection based on the ECHR and are obliged in cases of doubt to submit a question to the CJEU in the framework of a preliminary reference procedure.

However, tendering a written argument at the hearing is neither an alternative to, nor a substitute for, setting out the «Legal Basis» in a notice of application or an application response in accordance with what the Rules and the case law require.

She suggests emphasizing the role international and foreign law play within the domestic system, offering examples including asking the student to consider the application of Federal Rule of Civil Procedure 44.1 to a foreign adoption, or to determine whether a foreign corporation can obtain a dismissal of a federal court action based on forum non conveniens.

Many did not know of LegalShield or had heard that they purchased the NYC - based legal technology company Shake Law for its mobile applications in the spring of 2015.

AG Mengozzi's compelling Opinion, which he bases not only on standing case - law (not only of the ECtHR but also of the CJEU in recent cases like Koushkaki, Aranyosi and Căldăraru or Petruhhin), gives hope to those who live in truly untenable circumstances but who are unable to reach an EU Member State's territory in order to file an application for international protection.

Funny thing, many lawyers have the latest cars they purchase on a reegular basis and they check it has navigation, ABS, anti-traction and host of latest features but when it comes to their prime form of income they do not even consider the lost revenues in their current old on - premise law practice applications.....

FoundationLab, a Boston - based digital product design studio whose clients include a number of law firms and legal tech start - ups, has acquired Functional Imperative, an application development company in Toronto, Canada, that also has several legal clients, including the Canadian Legal Information Institute, the law firm Fasken Martineau, and the Federation of Law Societies of Canalaw firms and legal tech start - ups, has acquired Functional Imperative, an application development company in Toronto, Canada, that also has several legal clients, including the Canadian Legal Information Institute, the law firm Fasken Martineau, and the Federation of Law Societies of Canalaw firm Fasken Martineau, and the Federation of Law Societies of CanaLaw Societies of Canada.

In this case, if the law applicable to the assigned claim is used as a basis to govern proprietary aspects of the assignment, Art. 14 Rome I can be based on the application of a single law.

The Dutch reference for a preliminary ruling is based on the following facts: A report commissioned by the Dutch Ministry of Education, Culture had opined that the lending of e-books did not fall within the scope of application of Directive 2006/115 (as transposed into Dutch law) and, as a result, libraries could not benefit from an exception to the exclusive lending right to lend e-books to the public.

In the legal sphere, he adds, he is seeing a lot of new applications providing these cloud - based services aimed at small law.

Abacus Data Systems, the San Diego company long known for its AbacusLaw practice management system, branched off in a whole new direction today with the launch of Abacus Private Cloud (APC), a secure, hosted, cloud - based environment for law firms to run all their technology and applications.