Sentences with phrase «apply in all cases involving»

I am no fan of Doré and, notwithstanding my oft - expressed belief that, in light of the current state of the jurisprudence, the most logical next step for Canadian administrative law would be to embrace across - the - board reasonableness review, I would much prefer to see a robust proportionality test applied in cases involving infringements of fundamental rights (see further A Theory of Deference in Administrative Law, chapter 5).

What test of damages should apply in a case involving concurrent causes of action, asks Helen Mulcahy

There are several different building codes that might apply in a case involving a defective or missing handrail.

However, dicta in Clements may leave open an argument that different considerations apply in cases involving multiple plaintiffs, such as class actions.

The Best Practice Principles apply in all cases involving family violence or child abuse (or the risk of either) in proceedings before courts exercising jurisdiction under the Family Law Act, and provide useful background information for decision makers, legal practitioners and individuals involved in these cases.

Not exact matches

While atheists tend to be intellectually honest in many ways, they are usually predisposed to naturalism, and normally (in my experience) will search for any explanation that doesn't involve God, even when such explanations are extremely unlikely and sometimes do not apply to the case at all.

My decision to apply for a Churchill Fellowship followed on from case study research I was involved in with Griffith University (see the Burton pdf attached) in 2012, exploring the scale and nature of urban agriculture in Melbourne.

A: The argument in my paper isn't that the heart balm torts necessarily directly apply to cases involving robots in any particular jurisdiction.

I then considered the second stage of the test, applying the DPP's interim guidelines on assessing the public interest in cases involving the media, and I have concluded that a prosecution is required in the public interest in relation to each of these eight suspects.

It is true that the sums involved in this case are small: the Electoral Commission's highest - ever fine turns out to be just # 70,000, and it has been applied to punish undeclared and misdeclared Conservative spending totalling just # 250,000.

Mixed race suspects were more likely to be sent to court than given a police disposal; Black and mixed race defendants were more likely to be remanded in custody prior to their hearing date; Black defendants had a higher chance of being acquitted than white ones, suggesting that different standards of evidence may be applied to cases involving different groups of defendants; Mixed race teenagers were more likely than others to be given a (more serious) community sentence than a (less onerous) first tier penalty or referral order.

Case in point — in Saugerties, the controversy du jour involves the town board's refusal to release the names of seven people who had applied for appointment as town justice recently.

In fact, Nevada's Supreme Court just heard arguments last month in a case involving that state's new law, which would allow every child attending a public school in the state to apply for an education savings accounIn fact, Nevada's Supreme Court just heard arguments last month in a case involving that state's new law, which would allow every child attending a public school in the state to apply for an education savings accounin a case involving that state's new law, which would allow every child attending a public school in the state to apply for an education savings accounin the state to apply for an education savings account.

The presenters discussed the federal legal authorities that apply to children with disabilities and shared case hypotheticals involving legal issues that arise in this area and ways to avoid and resolve them.

In the Supreme Court brief, which addresses two consolidated cases, Tustin Unified School District v. K.M. and Poway Unified School District v. D.H., NSBA and the California School Boards Association encourage the U.S. Supreme Court to hear these cases, contending that the U.S. Court of Appeals for the Ninth Circuit misapplied the Americans with Disabilities Act (ADA), rather than correctly applying IDEA, to a case involving a California student with a hearing impairment.

It involves information that occurs later (in this case, 14 years later) than the date at which a Safe Withdrawal Rate Calculation applies.

However, most currency classes for most funds do not involve hedges, so in most cases this does not apply.

As a result, she often involves certified behavior consultants, applied animal behaviorists or veterinary behaviorists in more complex cases.

In cases where it's not applied, it often involved someone going in - branch to apply so if you've opened up a lot of cards in the past two years then consider going in - branch to applIn cases where it's not applied, it often involved someone going in - branch to apply so if you've opened up a lot of cards in the past two years then consider going in - branch to applin - branch to apply so if you've opened up a lot of cards in the past two years then consider going in - branch to applin the past two years then consider going in - branch to applin - branch to apply.

This is not the first time adversarial proceedings have been proposed, and in some cases applied, to highly contentious and polarized issues involving science and policy.

I would never base economic policy advice purely on modelling outcomes, I would think that would apply even more forcefully in the case of climate models involving much more complex and less understood systems.

The second method involves fixing the climate state at the start of the run (1850 in this case) and applying the cumulative time series for all of the forcing drivers to each year in turn, then running the radiative calculation (only) and recording the instantaneous net flux perturbation at the tropopause for each year in turn.

Oleniuk called the judgment «persuasive and well reasonsed» and likely to broadly apply in other jurisdictions in cases involving interpretation of the Constitution and treaties.

And even more interesting, Steph Tai at Concurring Opinions ponders how the Carhart Court's willingness to defer to Congressional findings to resolve scientific uncertainty might apply in other cases such as those involving global warming, where scientific and legal findings are intermingled.

Currently there are only a limited number of cases where this would apply in any event, such as those involving the loss of the person's home and asylum work or where the case appears to have a significant wider public interest or is of overwhelming importance to the client;

In the legal context, the syllogism involves taking a legal premise (an enacted or judicially created «rule») and applying it to a factual premise (the facts of a case) to reach an objectively sound result (the conclusion).

The Court's reference (Tsilhqot» in at para 136) to R v Marshall, [1999] 3 SCR 533 as support for the proposition that interjurisdictional immunity does not apply where provincial legislation conflicts with treaty rights is also puzzling, as the applicability of provincial law was not at issue in that case — Marshall involved a prosecution under federal legislation, the Fisheries Act.

Citing Walsh v. Mobil, 2008 ABCA 268 (CanLII) at 43, the Court of Appeal noted its role involved determining whether the reviewing judge's decision (in this case the decision of Topolniski J.C.Q.B.A. with respect to the Chief Commissioner's decision) chose and applied the correct standard of review.

Failure to apply Gladue in any case involving an Aboriginal offender runs afoul of this statutory obligation.

These are concepts whose application often involves the balancing of competing public interests which are matters likely to be difficult to apply directly in the case of an independently owned care home.

(Political candidates are arguably a different matter and certainly involve a more complex analysis to determine if the Johnson Amendment applies to a public university, but that isn't at issue in this case.)

Underhill LJ said that although «Carson concerned the pension rights of UK nationals living abroad», the «manifestly without reasonable foundation» test has since been applied in the Supreme Court in cases involving welfare benefits, and more particularly housing benefit».

Linda Monaci & Flora Wood examine the approach to applying malingering diagnostic criteria in cases involving head injury

For instance, in a personal injury case involving a defective product, the final jury instructions will include information on both personal injury law and products liability law, as well as an explanation of the general negligence standard that may apply to both personal injury and products liability cases.

As reported by The Times of London, five law lords unanimously ruled in favor of a public - interest defense that more closely resembles the «actual malice» standard applied in U.S. libel cases involving public officials and public figures.

Again, the parallelism with Paragraph 61 of the «s - Hertogenbosch ruling does not fully convince, once the context of this case is taken into account: Member States intervening in the case had pointed out that the conclusion of bilateral conventions was based on an assessment of the tax systems involved and that, therefore, the conventions» provisions could not be applied beyond their scope.

Therefore, when children are involved in personal injury cases, there are a variety of special rules for liability and compensation that could apply, depending on the child's age and the circumstances of the -LSB-...]

Shorter marriages, gross disparity in contributions, long separations, cases where someone disposed of assets, cases where hidden assets are involved and cases where support can not alleviate financial hardship remain exceptions that may apply to enable unequal division.

It's happened — we can finally apply the classic R v Cotesworth case, where the defendant spat in a doctor's face, to a modern day scenario involving a jealous Deloitte lawyer.

In this case, the parties agreed to obtain court approval of the transaction involving the purchase of the licence and copyrights in tax publications by exceptionally applying to the court for a vesting ordeIn this case, the parties agreed to obtain court approval of the transaction involving the purchase of the licence and copyrights in tax publications by exceptionally applying to the court for a vesting ordein tax publications by exceptionally applying to the court for a vesting order.

Whereas in Y and Z, [33] the Court in September 2012 ruled against forced modification in a case involving religious persecution of those of Ahmadi faith in Pakistan, this must also apply to a sexual identity claim.

It is only comparatively rarely, at least in family cases involving children, that an Art 8 of the Convention appeal against refusal of asylum and leave to enter should be dismissed on the basis that it would be proportionate and more appropriate for the appellant to apply for leave from abroad.

Many reported cases in relation to occupation rent involve insolvency proceedings; the principles will apply equally to family proceedings.

In Virginia, cases involving a slip and fall are hard to win, because of the specific legal rules that apply to proving a case.

Therefore, when children are involved in personal injury cases, there are a variety of special rules for liability and compensation that could apply, depending on the child's age and the circumstances of the case.

The Johnstone test has since been applied several times in family status cases across Canada, including in Ontario courts and the Tribunal, in situations involving both childcare and eldercare.

`... while Article 8 does apply in principle to cases involving a private landowner and a trespasser, it is difficult to envisage circumstances where it would have any consequence and the eviction would not be found to be a proportionate means of achieving a legitimate aim».

In relation to the younger child (to whom the Hague Convention still applied), the appeal involved the Art 12 obligation to promptly return the child to his or her place of habitual residence in case of a wrongful removaIn relation to the younger child (to whom the Hague Convention still applied), the appeal involved the Art 12 obligation to promptly return the child to his or her place of habitual residence in case of a wrongful removain case of a wrongful removal.

Nevertheless, even in cases involving serious acts of violence, a court will still apply the contextual approach set out the Supreme Court of Canada in McKinley before deciding whether summary dismissal is the proportionate response to the act of workplace violence.

We tried this case in Hawaii Federal court involving a vacuum extraction where we contended the ob pulled too hard and applied it too often to the baby's head.