Sentences with phrase «appropriate court of law»

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.

Nothing in this section shall be construed to mean that Animal Control has sole authority to enforce this section if a complainant wishes to seek recourse under this section in an appropriate court of law, or to prevent Animal Control from conducting its own investigation regarding possible violations of this section.

«As law abiding citizens we will continue to pursue all elements of illegality and violation of the electoral laws at the appropriate court of law.»

Not exact matches

Finally, Cook says that the FBI is proposing what Apple is calling «unprecedented use» of the All Writs Act of 1789, which authorizes federal courts to issue all orders necessary or appropriate «in aid of their respective jurisdictions and agreeable to the usages and principles of law.»

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.»

Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; Construction, Forestry, Mining and Energy Union v Director, Fair Work Building Industry Inspectorate [2015] HCA 46 This case was not a competition law case; however it related to the common practice of parties agreeing with regulators on appropriate penalties to present to the Court.

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.

Depending on state law, fathers who do not consent to the adoption of their child should file an objection to the adoption in the appropriate court, or in some cases with the state health and human services department.

«The appropriate forum in which to respond to the Senator is a court of law, where the Attorney General will prove all facts according to the rules of evidence.

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».

Before former President George W. Bush nominated him to the 10th Circuit Court, Gorsuch wrote and spoke against «judicial activism» and the perceived tendency of liberal - leaning judges to reinterpret longstanding laws as they saw appropriate.

«My decision to defend these charges, as will become apparent in the appropriate forum of the Court, is not intended to in any way diminish the importance of Australia's laws,» she said in the statement.

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).

Washington — The parents of a learning - disabled child had no right under federal law to unilaterally move their son from a public school to a private school at a local school system's expense, even though the private school was subsequently found to be the appropriate placement for the child, a lawyer for a Massachusetts school committee told the U.S. Supreme Court last week.

Then there is the fact that in the first case to go to the Supreme Court under the special education law, Hendrick Hudson District Board of Education v. Rowley (1982), the Court ruled that the way to ensure students» receiving an «appropriate» education was to follow proper procedures.

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.

But, of course, states can offer additional rights and services to students with disabilities, and the 8th Circuit Court found that Minnesota law does require districts to provide a free appropriate education to all students with disabilities.

Until such time as rules are adopted under chapter 131 of this title relating to the disqualification of neutrals, each district court shall issue rules under section 2071 (a) relating to the disqualification of neutrals (including, where appropriate, disqualification under section 455 of this title, other applicable law, and professional responsibility standards).».

«(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.

a. Develop training on animal cruelty and the link between cruelty and domestic violence for law enforcement personnel; b. Expand the current ACO training curriculum; c. Train and educate judges, appropriate court personnel, and prosecutors about animal cruelty; d. Educate veterinarians about recognizing animal cruelty and understanding current law; e. Create a state multidisciplinary team for animal hoarding that would develop an emergency response system and oversee a task force to focus on early intervention of hoarding including mental health counseling in all animal hoarding cases; and create a Department of Mental Health and Department of Corrections forensic assessment protocol for early intervention, sentencing, treatment, and rehabilitation; and f. Develop and promote animal cruelty prevention, identification, training and screening tools among pet service providers, associations, and the commercial pet industry.

The ECJ has ruled that it is essential for national law to guarantee that the national authorities will effectively apply the directive in full, that the legal position under national law should be sufficiently precise and clear and that individuals are made aware of all their rights and, where appropriate, may rely on them before the national courts.

The first is a common law doctrine regarding the appropriate roles for civil courts called upon to adjudicate church property disputes — a doctrine which found general application in federal courts prior to Erie R. Co. v. Tompkins, 304 U. S. 64 (1938), but which has never had any application to our review of a state court

We conclude, as have many other state courts, that our State Constitution, which serves ** 1275 only «to limit the sovereign power which inheres directly in the people and indirectly in their elected representatives,» Hunt at 365, 450 A. 2d 952, is a more appropriate vehicle to resolve questions concerning the rights of our citizens to travel the highways of our state without police interdiction and the rights of the police to use reasonable methods to enforce our traffic laws than is the federal constitution.

This amounts to an error of law, requiring this court to determine the appropriate remedy: see R. v. McCue, 2010 ONCA 15 (Ont.

Since summary judgment is only appropriate when the moving party is entitled to judgment as a matter of law, when a court is presented with conflicting or contradictory theories, summary judgment is not appropriate, and the case should be presented to a jury for resolution of the contested facts.

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

The Alberta Court of Appeal held that CFL practitioners must meet the same standard of care required of other family law practitioners — including taking appropriate steps to get the financial information needed to properly advise the client.

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).

[See Michael Lines» post on The Web of Law] I wonder if such evidence could ever make a difference to a court's view of appropriate precedent.

Our lawyers, with 40 years of combined employment law experience, are well - qualified to inspect your claim against ERISA and determine if you are receiving your appropriate pension benefits; and if not, pursue litigation through the court system on your behalf.

The Court of appeal held that CFL practitioners must meet the same standard of care required of other family law practitioners — including taking appropriate steps to get the financial information needed to properly advise the client.

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

Given that Mr. Robinson pled guilty to the felony of unlawful wounding, it seems appropriate that the court upheld his sanctions (including annulling his law license and requiring significant psychological evaluation and treatment prior to reinstating it).

This morning, the Supreme Court of Canada handed down its fourth significant decision on conflicts of interest, the scope of duties of loyalty, and the appropriate division of responsibility between courts and law societies as regulators of professional conduct.

Is there room for legislation on such topics, or should the courts and tribunals be encouraged to develop their own law in the light of appropriate Charter standards?

Personal injury law in Texas only gives victims of serious accidents a limited amount of time to file a claim with the appropriate court.

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.

Statutes of limitations are laws setting a time limit in which a lawsuit must either be settled or filed in the appropriate court.

The court then considered prior law on this issue, which confirmed the receipt of gifts was not generally an appropriate circumstances in which to impute income to the recipient.

Law Society President Joe Egan said: «The lack of a formal will should not restrict a court from respecting someone's final wishes when those can be proven — with appropriate safeguards against fraud.

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.»

As a result, it might certainly make sense for the supreme courts of the EU Member States to be reminded in an appropriate way, when considering applying Protocol no. 16, of their duties under Art. 267 TFEU and of the supreme authority of the ECJ as regards the interpretation of EU law.

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).

Coordination of civil actions sharing a common question of fact or law is appropriate if one judge hearing all of the actions for all purposes in a selected site or sites will promote the ends of justice taking into account whether the common question of fact or law is predominating and significant to the litigation; the convenience of parties, witnesses, and counsel; the relative development of the actions and the work product of counsel; the efficient utilization of judicial facilities and manpower; the calendar of the courts; the disadvantages of duplicative and inconsistent rulings, orders, or judgments; and, the likelihood of settlement of the actions without further litigation should coordination be denied.

At the Goldberg Law Group, we can explain income - based state calculations of payments for payers or payees, the factors that courts examine when determining appropriate levels of spousal maintenance and things to consider when scheduling a noncustodial parent's availability for visitation.

Since the effectiveness of the Hague Convention requires that countries enforce the treaty uniformly, it is extremely appropriate that courts should encourage counsel to refer to international case law in Hague cases in order to allow the courts to render decisions that take account of the international interpretation of key terms of the treaty.