Sentences with phrase «applied by the courts»

If you're interested in digging deeper, you might like knowing that Wake Forest University has published a short, objective Q&A primer on the current law (rather than history) of separation of church and state — as applied by the courts rather than as caricatured in the blogosphere.

Bearing this in mind, section 60 (5)(a) could and would, if necessary, be construed and applied by a court or tribunal as permitting preferential decisions on grounds of religious belief, only to the extent that such decisions were consistent with genuine, legitimate and justified occupational requirements.»

The ADA's «undue hardship» standard is different from that applied by courts under Title VII of the Civil Rights Act of 1964 for religious accommodation.

Even ignoring the fact that the established test for official marks does not call for a likelihood of confusion, as appears to have been applied by the Court, the reasons also fail to address the clear and unequivocal language in the Supreme Court of Canada's decision in Masterpiece v Alavida Lifestyles Inc. that states that likelihood of confusion is to be assessed at the time the consumers encounter the trademark, and while research or follow up might later remedy the initial confusion (for example, but going to and reading the website) that research or follow up does not mean that no confusion ever existed or does not exist in the minds of consumers who did not carry out that research or follow up, i.e. it is the initial confusion or mistake that counts.

That case concerned the question of the principles which should be «applied by the court when considering the weight that should be attached to an ante-nuptial agreement».

the provision sets a standard which, in this instance, is to be ascertained and applied by the Court.

Such provisions must be formulated in terms that are clear, precise and stringent, both in order to enable people to understand the consequences of their actions under criminal law and also in order to prevent arbitrariness when applied by the courts.»

That case is completely upended if de novo review is always applied by every court because judicial independence mandates such independence.

Premises liability law in Indiana can be complex, and the standard applied by the courts depends heavily on the facts as well as the relationship between the parties.

On May 31st the Newfoundland and Labrador Court of Appeal issued a judgement with a number of broad statements about the proportionality principle and how it ought to be applied by courts in crafting discretionary orders under civil rules.

For some years it was thought that the exceptions to stare decisis had been stated comprehensively in Young v Bristol Aeroplane Co Ltd [1944] KB 718 but the court overlooked the rule in Warner (1661) 1 Keb 66, previously applied by the Court of Appeal and the House of Lords.

Two questions arose: (i) whether s 204 contained an express requirement under which the county court was required by an enactment to make a decision applying the principles that were applied by the court on an application for judicial review, thus placing s 204 appeals within the public law category; and (ii) if not, whether there were any other reasons requiring the application of judicial review principles with the result that s 204 appeals fell within the post-LASPO 2012 civil legal aid regime.

Further, the draftsman clearly drew a very important difference between «an appeal... on any point of law» in s 204 (1) and «the principles that are applied by the court on an application for judicial review» in s 204A (4) by using those different terms for different classes of cases in HA 1996.

However, the idea that a mother is the most appropriate person to have sole custody of a very young child, or the «tender years» theory, is no longer applied by the courts.

The test applied by the Court was to assess if the individuals «discussed concepts that became incorporated into embodiments disclosed.»

The case also considered the principles to be applied by the Court in ordering the production of documents by third parties under the Civil Procedure Rules.

The legal test applied by the Court was whether the generic producers had real concrete possibilities to enter the market in the absence of the agreements; that is, whether they had the ability and incentive to do so (paras 100 - 1).

Specifically, the article discusses (1) the statutory framework that could allow using governmental entities» expanded statutes of limitations in the bankruptcy context and (2) the differing reasoning applied by those courts that have considered whether bankruptcy trustees and debtors in possession may take advantage of these beneficial statutes of limitation.

This appeal considered the scope of enquiries required of a local authority when making decisions in homelessness cases to which the Equality Act 2010, s 149 applies, and the standard of review to be applied by courts when reviewing decisions of the local authority in such cases.

Therefore, according to the Tribunal, this doctrine was already well - established by the time it was applied by a court to find allegations of invalidity justified.

A multiplier of often 50 % can be applied by some courts to increase the set off amount to reflect the fact shared parenting doesn't autmomatically reduce the costs.

The British Columbia Court of Appeal discussed the general test applied by the Court when awarding damages for the cost of future care.

When applied by a court, the doctrine delays the triggering of the statute of limitations when the plaintiff is under the continued care of the defendant doctor.

In reaching this conclusion, the Court began by reviewing the principle that is to be applied by a court when determining damages for wrongful dismissal.

van Rensburg J. A., writing at paragraphs 30 and 31, then set out the two - step analysis that is to be applied by a court when deciding whether a dismissed employee is entitled to a bonus:

In TeraGo the Court of Appeal set out the two - step analysis that is to be applied by a court when deciding whether a dismissed employee is entitled to a bonus at paragraphs 30 and 31:

One of the nation's great televisual fascinations last week became the unlikely subject of an Administrative Court judgment that demonstrates the limits of common law standards of fairness, as well as the lightness of touch applied by the courts when reviewing the decision - making of the media regulator.

However, this currently does not prevent Parliament from passing laws that are likely unconstitutional because typically Charter tests are applied by our courts long after the fact.

While New Mexico product liability law differs from that which was applied by the court in this case, the case is still illustrative of how manufacturers can be held liable for products that are defectively designed or manufactured.

The normal standard applied by a court reviewing a decision of a statutory body is whether it was unreasonable in the Wednesbury sense (ie beyond rational justification), but we are not here concerned with a decision as to the outcome of the inquiry.

Reasonably is an objective standard applied by the courts as to what a reasonable person in the defendant / plaintiffs position would do and depends on the state of statute law, case law and community law of the time.

The ULCC is recommending that the tribunal have the power to award «actual, reasonable» legal fees and disbursements and not be limited to the kind of tariff normally applied by the courts.

«In so far as any such time limit may be applied by the court by analogy in like manner as the corresponding time limit under any enactment repealed by the Limitation Act 1939 was applied before 1st July 1940.»

According to Marshall v Marshall, the test applied by the courts on an interim order is: what temporary living arrangements are the least disruptive, most supportive, and most protective of the child?

A statute of limitations is a rule applied by the courts that involves the timing of a lawsuit.

In a post on Concurring Opinions, Gerard Magliocca asks an interesting question about what importance, if any, should attach to the fact that a constitutional provision invoked in a case has never been applied by the courts, or has not been applied in a very long time.

The standard applied by the Court is thus more stringent.

The Presumption of Death and Missing Hells Angel Re Burgess, 2004 BCSC 62, in estate circles known as the «Hell's Angels case», is good illustration of the practical considerations often applied by the court in presumption of death applications.

The rule of law defines a system where there are fair and just laws and practices applied by the courts (the judicial branch) independently of the executive and the legislative branch of government.

Stanley Burnton J added the following considerations: - The degree of scrutiny and caution to be applied by the court to subsequent reasons should depend on the subject matter of the administrative decision in question.

Since that case there has been much concern amongst participants in the native title system about how this requirement would be interpreted and applied by courts in native title proceedings.

Note 2: This section does not establish a presumption to be applied by the court when making a parenting order.

A question which arose in applying this test in both the Miriuwung Gajerrong and the Wilson v Anderson decisions was whether the inconsistency of incidents test was different to and not as rigorous as the test applied by courts to determine whether general property rights have been appropriated by a statute.

However, the Commission has received anecdotal feedback that a number of these practices and procedures are not applied by the court or the parties in native title proceedings for varying reasons.

The bill placed before the House in his name, Bill C - 560, is an effort to change the standard applied by the courts when dealing with divorce cases.

Note: Subdivision D of Division 4 of Part XIIIAA (Applicable law) may affect the law to be applied by a court.

Therefore, the Village claimed it could regulate the speech, so long as it could show that the ordinance reasonably limited only the «time, place, and manner» of For Sales signs, under the criteria applied by courts.

Not exact matches

Applying this test, a unanimous U.S. Supreme Court recently ruled that a Muslim prisoner was free to practice his faith by wearing a half - inch beard that posed no risk to prison security.

WASHINGTON — The Supreme Court ruled Tuesday that whistleblower protections in a federal law passed in response to the Enron financial scandal apply broadly to employees of publicly traded companies and contractors hired by the companies.

But in March, the U.S. Supreme Court decided that the whistleblower protection afforded by Sarbanes - Oxley now applies to employees of contractors and subcontractors of publicly traded companies.