Sentences with phrase «apply to cases involving»

The reform does not apply to cases involving abuses to the elderly or children, or cases where the defendant is intoxicated.

The Van Breda case did not, however, address how that test would apply to cases involving infringement of copyright.

This, limit, however, does not apply to cases involving foreign objects left inside a patient.

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

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.

804 (D.D.C. 1986)(RICO claim applied to case involving personal debt consolidation loan).

Similar considerations applied to cases involving the Family Law Act deductible of $ 15,000.

Around 1994, British Columbia did the same by enacting strict guidelines as to how the Criminal Code may be applied to cases involving assisted suicide.

Not exact matches

Some state civil rights laws apply to commercial property, but there are exemptions for religious groups — and anyway, these cases don't involve commercial property, either.

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.

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.

The justice secretary insisted the plans, which would make hearings private where they could «damage the public interest», would only apply to a «handful» of civil cases involving «highly sensitive intelligence material».

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.

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.

It also has been applied to complex cases involving surgically removing tumors — including the full replica of a young patient's skull to plan a best course of action.

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 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.

Case or edition binding, the most common type of binding for hardcover books, involves sewing the individual signatures together, flattening the spine, applying endsheets and a strip of cloth to the spine.

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 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.

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.

The case involved whether a «ministerial exception» to sex discrimination laws applies to a chaplain suing for discrimination.

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.

When cases involving self - represented litigants do reach trial, they tend to require more adjournments and take longer to resolve as a result of self - represented litigants» unfamiliarity with the rules of court, the rules of evidence and the law that applies to their cases, and the results self - represented litigants achieve tend to be worse than the results they would have achieved had they had counsel.

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.

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).

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).

When mental stress claims arise, it is now more difficult to determine whether WSIA coverage applies for cases not involving an «acute reaction to a sudden and unexpected traumatic event».

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.)

If the matter involves interpreting statute and case law or applying law to a set of facts, an LPO can offer little assistance.

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.

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.

These periods of limitations vary according to the type or kind of case involved, and there are many exceptions and special circumstances where modifications or extensions to these provisions might apply.

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 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.

[53] Thus, it would seem that the «material contribution» test is applied to cases that involve multiple inputs that all have harmed the plaintiff.

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.

To do so, a lawyer must first assess the case, determine the time that will likely be involved, apply the rate for the lawyer's time per hour and the rate for an associate lawyer time per hour (or determine whether an alternative fee arrangement is appropriate), charge for staff time, and estimate any other likely expenses.

Is there a particular securities case you were recently involved with that required you to apply particular thought leadership to succeed?