Sentences with phrase «apply established principles»

Applying those established principles, under the circumstances here, the Supreme Court concluded a «but for» cause analysis was appropriate and affirmed the trial court's ruling on that issue.

Not exact matches

There is a large body of established tax principles and law for property that apply to cryptocurrency and how the gains, losses, income and transactions are treated for federal tax purposes.

Saxo Bank applies the principle of three lines of defence to establish a sound risk management practice within the organisation.

If this principle is applied also to those who do not practice their faith, hence have no real relation to the community Church of faith, then the actual number of priests must, indeed, give the impression of a shortage, for there are not even enough priests for all the established parishes and Mass centres.

but an applied statement of relevant hermeneutical principles, which will establish limits within which, here and in all cases, canonical interpretation lies.

To apply such a principle to a market economy, the law should first specify the wage required to maintain the worker in his social position as the price of the commodity he produces should then adapt to the cost structure so established.

However, the urgent necessity of today is that the sort of principles science has worked with so successfully in relating established order to changed knowledge may be applied in these other areas.

But «in light of more recently delineated legal principles,» wrote Associate Judge Sheila Abdus - Salaam, «the definition of «parent» established by this Court 25 years ago -LSB-...] has become unworkable when applied to increasingly varied familial relationships.»

It requires the environment secretary to bring forward proposals for primary legislation to create a duty on public authorities to apply these principles, and to establish an independent public body to ensure compliance.

As Lord Pannick said, it would have been better if the concession «be drafted in more generous language», but the principle was established: «It will be for the judges to decide how and when that test should apply.»

First - principles calculations determined that the electron barrier, established at the interface of the PEI / hexagonal boron - nitride structure and the metal electrodes applied to the structure to deliver, current is significantly higher than typical metal electrode - dielectric polymer contacts, making it more difficult for charges from the electrode to be injected into the film.

In her synthesis of research on effective teacher professional development that has demonstrated a positive impact on student outcomes, Timperley (2008) identified 10 key principles, including: providing teachers with opportunities to drive their own professional development, allowing teachers to work collaboratively to learn and apply evidence based practices, establishing a professional learning culture that provides a safe and authentic environment for professional enquiry and ensuring school leaders take an active role in developing professional learning, and maintaining momentum within schools.

Psychological factors and neuroscience research applied to work, combined with the more established physical ergonomic principles, are unearthing a goldmine of ideas for designers, and these discoveries and initiatives are being reversed into schools.

PBIS is based on the principles of applied behavior analysis and is a proactive approach to establishing supports that:

To apply for ESEA flexibility, states are required to outline potential interventions in their lowest - performing schools, making sure the interventions are aligned with seven turnaround principles that the Education Department established under Race to the Top in 2009, of which increased learning time is one.

This current article extends and strengthens this past work by identifying principles that apply across subject matter and teacher experience (preservice / in - service) and, most important, establishing the notion that implementation of these principles hold unique advantages and limitations for certain populations of preservice and in - service teachers.

That individual investors react more to their financial market losses than to their financial market gains is one of the more well - established behavioral finance theories put forth by Nobel Prize laureate Daniel Kahneman and Amos Tversky, and one that more and more financial advisors are taking into account these days as they seek to apply behavioral finance principles to their practices.

You and your veterinary team can apply the same principles as you look to the New Year, reflecting on the past year while establishing your goals for 2018.

-- Not later than 1 year after the date of enactment of this section, the Commission shall adopt, after notice and opportunity for comment, national electricity grid planning principles derived from the Federal policy established under subsection (a) to be applied in ongoing and future transmission planning that may implicate interstate transmission of electricity.

The Court thus effectively establishes an entirely new standard based on Article 47 CFR alone and no longer applies the high threshold set by the principle of effectiveness.

The University of Mississippi established a law school in 1854, heavily influenced by the University of Virginia's model.203 Although dedicated to the idea that the theory of law and government was a proper subject for teaching, the University did not stint on moot court as a way to apply legal principles to cases.204

The High Court applied the principles established in Dunlop Tyre in deciding whether the contractual clause entitling the defendant to draw upon and retain the bank guarantee in the face of the plaintiff's default constituted a penalty clause.

In a recent decision from the Ontario Superior Court, Nodel v. Stewart Title Guaranty Co., [1] Justice Matheson applied well established policy interpretation principles to an «exception from coverage» clause contained in a schedule to a title insurance policy, which effectively operated as an exclusion clause.

Indeed, the Ashe case confirms that principles established in B&B Hardware may be applied to issues beyond likelihood of confusion.

The principle of the freedom of the parties to choose the jurisdiction that will apply to the agreements is now well established.

A candidate shall possess a high degree of knowledge of established legal principles and procedures, and have demonstrated a high degree of ability to interpret and apply the law to specific factual situations.

For example, nine years before the California Courts of Appeal held in 2005 that California's Unfair Competition Law (Business and Professions Code section 17200, et seq.) did not apply to securities transactions, Keesal, Young & Logan had already established this principle in the United States District Court and in the Ninth Circuit Court of Appeals.

Importantly, in this decision Morgan J rejected completely the hitherto well established principle, applied for years by the Supreme Court Costs Office that an estimate operates as a cap on a client's liability to his solicitors at the estimate plus a margin.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

On appeal, the Court applied the principles set out by the Supreme Court of Canada in Fairmont Hotels and determined that in order to obtain rectification of an instrument, the party seeking rectification must establish on a balance of probabilities that:

On the facts of the case, all the justice was on the side of the wife and it was reassuring that the Supreme Court was able to do justice applying well - established trust principles.

Applying the principle established by Arnold v Britton and the subsequent line of cases that followed it, the Court held that the circumstances of the case were not so exceptional as to require considerations of commercial common sense to drive the court to depart from the natural meaning of the contractual provisions.

This private member's bill sought to amend the Divorce Act so that judges would be required to apply the principle of equal parenting unless it could be established that the best interests of the child would be substantially enhanced by allocating parental responsibility other than equally.

Applying these principles to the case at hand, the majority noted that there was uncontradicted evidence at trial which established the incapacity of the complainant to consent to the sexual activity in question.

Accordingly, applying the principles of statutory interpretation, it is assume that Parliament did not intend to overrule the well - established rules of the common law when passing the Mental Capacity Act, in the absence of clear words or at least necessary implication.

(iv) In reaching these conclusions, the court was applying the principle established by Hanson that it will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong or discretion has been exercised unreasonably in the Wednesbury sense.

This appears to undermine the established principle that the ET may not substitute its decision for that of the employer but only establish whether it fell within the band of reasonable responses Post-Lake decisions on judicial immunity as applied to disciplinary proceedings are of some assistance in pinpointing its impact.

3) Establish that the principle involved has received general scientific acceptance in the field to which it belongs, both as a general principle and as specifically applied to the subject of inquiry.

The interpretation of the Code, like all statutes, is a legal exercise, where well - established fundamental principles of law apply.

Lord Hoffmann, giving the leading speech, moved away from the policy considerations which weighed with the Court of Appeal and instead sought to apply established legal principles to resolve the issues.

[Google Translate: That the National Assembly fully supports the decision by its Directorate of Security to prohibit the wearing of the kirpan in consultations on Bill 94, An Act establishing the guidelines governing requests for accommodation in the Administration and in some institutions, thus applying the principle of state neutrality.

That the National Assembly fully supports the decision by its Directorate of Security to prohibit the wearing of the kirpan in consultations on Bill 94, An Act establishing the guidelines governing requests for accommodation in the Administration and in some institutions, thus applying the principle of state neutrality.

21 Applying these decisions from Ontario and Saskatchewan to Rule 6 (8) and 6 (10) of the Rules of Court establishes in my mind the following principles with respect to a litigation guardian in British Columbia, namely:

If you want to use bitcoin but don't want to play at a bitcoin - only sportsbook, this principle still applies, only with established sportsbook brands such as 5Dimes, Bovada, Heritage Sports, BetOnline, and many others.

We applaud the court's decision in applying long - established Fourth Amendment principles to the digital age.

He did not apply the profession rigor necessary to define the pathology using standard and established constructs and principles from professional psychology.

It instructs judges, when making a parenting order, to apply the principle of equal parenting unless it is established that the best interests of the child would be substantially enhanced by allocating parental responsibility other than equally.

Take the constructive criticism offered to you and apply the necessary professional rigor needed to define the construct of «parental alienation» within standard and established psychological principles and constructs.

It does not apply at all from the day you move into a property 3 units or below, and establish it as your principle residence.