Sentences with phrase «appropriate by a court of law»

The only target of a DCP sentence is the previously convicted terrorist — someone for whom a death penalty has already been determined appropriate by a court of law at the conclusion of a fair trial and the expiry of all appeals.

Not exact matches

If any provision of these Terms is, for any reason, invalid and / or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

The act states that «the Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.»

Any dispute regarding these rules or the results of this contest shall be governed by California law and the venue for any proceeding arising hereunder shall be the appropriate court in San Diego County, California.

Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».

Federal courts have played a key role in the development of special education policy by interpreting what Congress wrote in IDEA three decades ago, and the Supreme Court is reviewing what the law means by a «free appropriate public education» as it considers Endrew F. v. Douglas County School District, which deals with the standard of services districts are required to provide (see «Examining the Standards for Special Education» legal beat, Summer 2017).

February 24, 2017 — Justices on the U.S. Supreme Court have or will soon hear cases involving the appropriate scope of services guaranteed by federal special - education law, government aid to religious institutions providing educational services, and restroom access for transgender students.

«(a) CONSIDERATION OF ALTERNATIVE DISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioOF ALTERNATIVE DISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioof law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioof an alternative dispute resolution process at an appropriate stage in the appropriate stage in the litigation.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.

On July 20, 2009, Spencer Capital Opportunity Fund, LP filed a lawsuit in Delaware pursuant to Section 211 (c) of the Delaware General Corporation Law requesting that the Court of Chancery of the State of Delaware (the «Chancery Court») order MRVC to hold its 2009 annual meeting of stockholders without delay and to grant other relief deemed appropriate by the Court.

Contrary to the modern English position, it may be appropriate for reviewing courts to accord deference to interpretations of law rendered by administrators.

It replaces the common law defence of «fair comment» with the statutory defence of «honest opinion», and takes a potshot at «libel tourism» by providing that the courts should not deal with actions brought against non-UK or non-EU residents unless satisfied it is appropriate to do so.

Neither did the ECJ accept the pleas that the General Court erred in law by stating that it was appropriate to refer only to the Charter of Fundamental Rights and not the ECHR (paras. 43 - 48), that the right to property can not be extended to the protection of commercial interests (paras. 49 - 63) and that the UN Declaration on the Rights of Indigenous Peoples does not have binding force (paras. 64 - 69).

The Court of Appeal held that it was appropriate, in what was likely to be an extremely narrow band of cases and by way of an additional common law qualification or exception to the inviolable nature of legal professional privilege, to impose a requirement that particular individuals could be present at client — lawyer discussions if there was a real possibility that the discussions were to be misused for a purpose and in a way involving impropriety amounting to an abuse of the privilege that justified interference.

On appeal, the Saskatchewan Court of Appeal confirmed its earlier decision, and substituted the mandatory minimum sentence of 10 years, noting that it is always «open to Parliament to modify the existing law by appropriate legislation that establishes sentencing criteria for «mercy» killing.»

The Constitutional Court has also held that the duty of the legislature and other lawmaking subjects to revise all legal acts adopted by them before the entry into effect of the Constitution and which still remain in force, also the legal acts adopted by no longer existing institutions after the entry into effect of the Constitution and still remaining in force, which regulate the relations which are assigned to the sphere of regulation of a corresponding law - making subject, as well as legal acts, which had been adopted before the restoration of the independent State of Lithuania and remained in force after restoration of the independent State of Lithuania and, after the entry into effect of the Constitution, regulate the relationships, which are assigned to the sphere of regulation of an appropriate legislative subject, and assess their conformity with the Constitution within a reasonably short period, stems from the principle of the supremacy of the Constitution, and the constitutional principle of a state under the rule of law (the Constitutional Court's ruling of 29 October 2003).

[6] With no factual or expert evidence admissible on the motion, the Court noted that «a Rule 21 motion is not the appropriate vehicle» 7 to decide whether the common law definition of absolute privilege should extend to statements made by municipal councilors in council meetings on the basis of necessity.

The last six months have seen some interesting substantive law developments in the disputed wills field, most notably the clarification of the appropriate test for testamentary capacity in Re Walker (Deceased)[2015] WTLR 493, and more recently, the reining in of the expanded doctrine of Donatio Mortis Causa by the Court of Appeal in King v Chiltern Dog Rescue [2015] EWCA Civ 581, [2015] All ER (D) 105 (Jun).

I think the problem is that such mechanisms are not appropriate in an adjudicative context, and make the ultimate decision either very difficult for a court to review (in that there are no reasons to review) or very easy to review (by proceeding by way of vote the law societies, prima facie, failed to comply with their duties of fairness and their duties to weigh various Charter values.

The Court also recognised that there may be other connecting factors that are similar to these ones that can also create a presumption of jurisdiction — factors that are similar to those listed or otherwise recognised as appropriate connecting factors by case law, statute, or other states» legal systems.

Firms will be asked to explore not only what laws currently exist, but also how corporate regulators and courts apply the law to require or facilitate consideration by companies of their human rights impacts and preventative or remedial action where appropriate.

Indeed, the greatest and most effective form of «patent reform» might simply be to knock these self - impressed patent litigators and Federal Circuit judges off their pedestals, recognize patent law as simply just another area of law in general, and present the issues to a jury without delay, followed by a review, if appropriate, in the appropriate Circuit Court of Appeals.

The appropriate officer of the court shall without delay bring to the notice of the applicant the decision given on the application in accordance with the procedure laid down by the law of the Member State of enforcement.

454 (1) If a court convicts a person for a contravention of a by - law of the City or of a local board of the City without proof of the by - law, another court hearing a motion to quash the conviction may dispense with such proof or may permit the by - law to be proved by affidavit or in such other manner as it considers appropriate.

The Supreme Court erred in law by failing to employ the two - step standard of review analysis enumerated in Dunsmuir to accord appropriate deference to the Panel's finding of unprofessional conduct.

R v Kennedy [2007] UKHL 38, [2007] All ER (D) 247 (Oct): in this case the question certified by the Court of Appeal Criminal Division for the opinion of the law lords neatly encapsulates the question raised by this appeal: «When is it appropriate to find someone guilty of manslaughter where that person has been involved in the supply of a class A controlled drug, which is then freely and voluntarily self - administered by the person to whom it was supplied, and the administration of the drug then causes his death?»

To a foreign investor affected by such judicial measures, it is not always clear, however, what judicial measures (especially in countries like India with one of the most activist Supreme Courts in the world) can be subject to a claim under investment treaty law; which theory of liability is appropriate for a state's liability arising out of judiciary's conduct (or omissions); and which policy issues these different theories of liability raise.

In administrative law cases, it is always necessary to ask «what the appropriate standard of review is for this question decided by this decision maker» (at para. 71, emphasis original): «The contextual standard of review analysis ensures that legislative intent is respected and the rule of law is protected when courts review decisions of administrative actors» (at para. 89).

Moreover, this could also be an appropriate test case for the Supreme Court to clarify that the principles set out in National Bank of Canada v. RCIU (the case cited by the hyperbolic Bruce Pardy) do not apply to lawyers, either in their personal or professional capacities, and that Lavigne and Green together stand for the principle that not only is there no right «not to associate» in Canadian law, there is also no right «not to speak» when it comes to lawyers, contrary to the misapprehension of those who are shocked and amazed that the Law Society can require them to adopt a «Statement of Principles» that will, as the supporting legal opinion points out, make their «generic human rights obligations» more «personal... tangible... and readily accessible.&raqlaw, there is also no right «not to speak» when it comes to lawyers, contrary to the misapprehension of those who are shocked and amazed that the Law Society can require them to adopt a «Statement of Principles» that will, as the supporting legal opinion points out, make their «generic human rights obligations» more «personal... tangible... and readily accessible.&raqLaw Society can require them to adopt a «Statement of Principles» that will, as the supporting legal opinion points out, make their «generic human rights obligations» more «personal... tangible... and readily accessible.»

He relied on the application to a state by s 20 of the State Immunity Act 1978 (SIA 1978) of Art 29 of the Vienna Convention, which was given force of law by the Diplomatic Privileges Act 1964 and which, it was said, required the UK, including its courts, to «treat him with due respect and... take all appropriate steps to prevent any attack on his... dignity».

(a) Every such reorganization plan shall be referred to an appropriate committee, to be determined by the Clerks of the Senate and the House of Representatives, with the approval of the President and Speaker, which committee shall not later than thirty days after the date of the Governor's presentation of said plan hold a public hearing thereon and shall not later than ten days after such hearing report that it approves or disapproves such plan and such reorganization plan shall have the force of law upon expiration of the sixty calendar days next following its presentation by the governor to the general court, unless disapproved by a majority vote of the members of either of the two branches of the general court present and voting, the general court not having been prorogued within such sixty days.

You must either accept a final settlement or file a lawsuit in the appropriate court of law within the time period specified by the statute of limitations.

(b) Collaborative law is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage dispute on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.

Collaborative Divorce is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage disputes on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.

A guideline to enhance the relationship between the Family Law Courts and Children's Contact Services and to facilitate the appropriate use of Children's Contact Services by the Family Law Courts.

If, at commencement, a notice filed under section 15 of the Family Law Act 1975 as in force at any time before commencement has not been acted on, an appropriate officer of the court in which the notice is filed must arrange for the parties to the marriage to which the notice relates to be interviewed by a family counsellor for the purpose of assisting the parties to reconcile or to improve their relationship with each other or any of their children.

The Courts have powers under Part VII - Division 6 of the Family Law Act 1975 in appropriate circumstances to make an order restricting a parent or other person from removing a child from Australia by adding them to the airport watch list.

FAMILY LAW — CHILDREN — Best interests — Where both parents seek sole parental responsibility and for the child to live with them — Where the respondent mother believes the child would settle down and accept the arrangement if the court ordered for the child to spend no time with applicant father — Where the court has a statutory mandate to make parenting orders with the child's best interests as the paramount concern — Where there is little doubt that the child would benefit from having a meaningful relationship with both parents — Where the child's clear views that he does not want to spend time with the respondent mother should be given significant weight in the circumstances — Where the child is of an age, maturity and intelligence to have principally formed his own rationally based views — Where the court is satisfied that it is in the child's best interests for the presumption of equal shared parental responsibility to be rebutted — Where the respondent father is to have sole parental responsibility and the child is to live with him — Where the applicant mother is permitted to attend certain school and sporting events of the child — Where the child should be able to instigate contact with the respondent mother as he considers appropriate to his needs and circumstances — Where the orders made are least likely to lead to the institution of further proceedings in relation to the child — Where the child is to have the outcome of these proceedings, the effect of the orders and the reasons for judgment explained to him by an expert as soon as reasonably practical.

(3) The circumstances in which parental responsibility for a child is attributed to a person, or extinguished, by an agreement or a unilateral act (without the intervention of a court or appropriate authority) are governed by the law that applies in the country of the child's habitual residence when the agreement or act takes effect.

North40RE Realty, LLC v. Bishop (2 A.D. 3d 1184)- City Court's dismissal of broker's complaint reversed on appeal to County Court affirmed by Appellate Division; reversal is appropriate where there has been a deviation from substantive law which renders the determination clearly erroneous; broker entitled to commission under clear and unambiguous terms of exclusive buyer broker agreement; buyer refused to allow broker any involvement in the purchase negotiations because seller refused to deal with brokers