Sentences with phrase «as a matter of law because»

RMFU argued that the LCFS fails as a matter of law because it: (1) impermissibly discriminates against out - of - state corn ethanol; (2) impermissibly regulates commerce and the channels of interstate commerce; (3) excessively burdens interstate commerce without producing local benefits; and (4) is preempted by the Energy Independence and Security Act of 2007 («EISA»).

Justice Harry La Forme dissented, holding that «Ewanchuk conclusively establishes that... prior consent is not effective as a matter of law because unconsciousness deprives the person consenting of the ability to express consent or know whether they are consenting at the time the sexual activity occurs» (at para. 117).

Not exact matches

«The Court is not persuaded by the Government's argument that there can not or should not be any defense of justification or necessity merely because the conduct at issue, i.e., abortion, is legal as a matter of positive law.

That is why if God loves us as his children so much and knowing that every one of us will fall short and violate those laws because after all no one is perfect no matter how hard one may try, that God had to set up a means to some how pay those costs that we incurred on ourselves and thus make it possible for us to be saved and return to him.

Richard Posner, a judge of the U.S. Seventh Circuit Court of Appeals, in a New York Times op - ed co-authored December 2 with Law Professor Eric Segall, takes Supreme Court Justice Antonin Scalia to task for threatening America with a «majoritarian theocracy» because of his repeated dissents, since Lawrence v. Texas, against the expansion of homosexual «rights» as a matter of Constitutional solicitude.

We do not deny or circumscribe the Creator, because we hold he has created the self - acting originating human mind, which has almost a creative gift; much less then do we deny or circumscribe His power, if we hold that He gave matter such laws as by their blind instrumentality moulded and constructed through innumerable ages the world as we see it... Mr Darwin's theory need not then be atheistical, be it true or not; it may simply be suggesting a larger idea of Divine Prescience and Skill... At first sight I do not see that «the accidental evolution or organic beings» is inconsistent with divine design - It is accidental to us, not to God.»

When a matter is already in a court of law, the people who had one thing or the other to do with the matter are not expected to make comments because such would be considered as sub-judice.

We have power to do this, because the due process clause has been held by the Court applicable to matters of substantive law as well as to matters of procedure.

«The court of trial must as a matter of law discharge him because it has no business scanting for evidence that is nowhere to be found.

Stars in galaxies move faster than expected, not because of gravity from invisible matter but from the extra oomph they get as described by Milgrom's law.

As a matter fact, I had to treat my bedroom pretty much like a quarantined area while my sister - in - law and her husband were visiting because of this massive overhaul (oh for shame)!!

Within this perspective, Paul Weis describes refugees as «a vessel on the open sea, not sailing under any flag ’23 while Hannah Arendt observed that refugees are without rights because each nation - state has primary obligation to protect the rights, interests and expectations of its own citizens first, no matter where they are.24 However, both international and national refugee laws are adopted with the sole aim to ensure entitlement of the basic rights, proclaimed under a range of human rights conventions.25 Under these conventions, respect for human dignity of each and every human person is underlined as a foundation to freedom, justice and peace.

To establish that the school was a «state actor,» he made five arguments: that Arizona law defines a charter school as a public school; that a charter school is a state actor for all purposes, including employment; that a charter school provides a public education, a function that is traditionally and exclusively the prerogative of the state; that a charter school is a state actor in Arizona because the state regulates the personnel matters of such schools; and that it is a state actor because charter schools, unlike traditional private schools, are permitted to participate in the state's retirement system.

(d) The provisions of subsection (c) shall not apply to any employer, employment agency, labor organization, or joint labor - management committee with respect to matters occurring in any State or political subdivisionthereof which has a fair employment practice law during any period in which such employer, employment agency, labor organization, or jointlabor - management committee is subject to such law, except that the Commissionmay require such notations on records which such employer, employment agency, labor organization, or joint labor - management committee keeps or is requiredto keep as are necessary because of differences in coverage or methods of enforcement between the State or local law and the provisions of this title.

With 755 horsepower the 2019 Chevrolet Corvette zr1 is the most powerful Corvette ever it's also the most technologically advanced behind me are the rolling s's at Road Atlanta and we're here to see if we can reach to the supercar levels of performance afforded by this thing's massive power big tires and the tall wing on the back after that we'll take to the streets to see if a car this powerful can behave itself in public this is a monster of a car I've had some brief track opportunities moving this morning to get used to the pace of this machine which is phenomenal we're gonna warm up as we get out to the road Atlanta and sort of build up to the pace that this car can operate at now initially when you hop in this car you have this shrine to the engine right above you you see the line of the hood it kind of dominates the center of the view you can see over it it doesn't affect visibility but it's immediately obvious and that kind of speaks to what makes this car special it's a monster of an engine listen to that [Music] that is tremendous tremendous acceleration and incredible power but what I finding so far my brief time here at the Atlanta is that everything else in the car is rut has risen to match hurt me while I lay into it on the back straight look you know 150 mile - an - hour indicated we're going to ease up a little bit on it because I need to focus on talking rather than driving but like I was saying the attributes of the rest of the car the steering the braking capability the grip every system of this car is riding to the same level of the power and I think that's what makes it really impressive initially this is undoubtedly a mega mega fast car but it's one that doesn't terrify you with its performance potential there's a level of electronic sophistication that is unparalleled at this price point but it's hard not to get you know totally slipped away by the power of this engine so that's why I keep coming back to it this car has an electronically controlled limited slip differential it has shocks filled with magnetically responsive fluid that can react faster to inputs and everything this car has a super sophisticated stability control system that teaches you how to drive it quick but also makes you go faster we haven't even gotten into exploring it yet because the limits of this car are so high that frankly it takes a while to grow into it but [Music] I think what's impressive about this car is despite how fast it is it is approachable you can buy this car to track dates with it and grow with it as a driver and as an owner I think that's a really special [Music] because you will never be more talented than this car is fast ever unless you are a racing driver casually grazing under 50 miles an hour on this straight okay I'm just going to enjoy driving this now [Music][Applause][Music] this particular Corvette zr1 comes with the cars track performance package a lot of those changes happen underneath the sheet metal but one of the big differences that is immediately obvious is this giant carbon fiber wing now the way this thing is mounted is actually into the structure of the vehicle and it makes you know loading the rear hatch a bit more difficult but we're assuming that's okay if you're looking for the track performance this thing delivers also giving you that performance are these Michelin Pilot Sport cup tires which are basically track oriented tires that you can drive on the street but as we wake our way to the front of the thing what really matters is what's under the hood that's right there's actually a hole in the hood of this thing and that's because this engine is so tall it's tall because it has a larger supercharger and a bunch of added cooling on it to help it you know keep at the right temperature the supercharger is way larger than the one on the zo six and it has a more cooling capacity and the downside is it's taller so it pops literally through the hood the cool thing is from the top you can actually see this shake when you're looking at it from you know a camera from the top of the vehicle this all makes for 755 horsepower making this the most powerful Corvette ever now what's important about that is this not just the power but likewise everything in the car has to be built to accommodate and be able to drive to the level of speed this thing can develop that's why you had the massive cooling so I had the aerodynamics and that's why I had the electronic sophistication inside [Applause] we had a lot of time to take this car on the track yesterday and I've had the night to think about things Matt today two crews on the road and see how this extreme performance machine deals with the sort of more civil minded stuff of street driving the track impressions remain this thing is unquestionably one of the most capable cars you can get from a dealer these days a lot of that's besides the point now because we're on the street we have speed limits they have the ever - present threat of law enforcement around every corner so the question is what does this car feel like in public when you slow this car down it feels like a more powerful Corvette you don't get much tram lining from these big wheels though we as the front end doesn't want to follow grooves in the pavement it is louder it is a little firmer but it's certainly livable on a day to day basis that's surprising for a vehicle of this capability normally these track oriented cars are so hardcore that you wouldn't want to drive them to the racetrack but let's face it you spend more time driving to the track than you do on the track and the fact that this thing works well in both disciplines is really impressive I can also dial everything back and cruise and not feel like I'm getting punished for driving a hardcore track machine that's a that's a really nice accomplishment that's something that you won't find in cars that are this fast and costs maybe double this much the engine in this car dominates the entire experience you can't miss the engine and the whole friend this car is sort of a shrine to it the way it pops out of the hood the way it's covered with coolers around the sides it is the experience of this car and that does make driving this thing special and also the fact that it doesn't look half bad either in fact I think it has some of the coolest looking wheels currently available on a new car this car as we mentioned this car has the track package the track package on this car gives you what they call competition bucket seats which are a little wide for my tastes but I'm you know not the widest person in the world this automatic transmission works well I mean there's so much torque again out of this engine that it can be very smooth and almost imperceptible its clunky on occasion I think I'd might opt for the manual although Chevy tells me about 80 % of its customers will go for the automatic I don't think they're gonna be disappointed and that's gonna be the faster transmission drag strip on the street - and on the racetrack man it was a little bit more satisfying to my taste though we've talked about the exhaust I have it set in the track setting let's quiet it down a little bit so you can hear the difference now I've set that separately from everything else so let's put it stealth what happened to the engine sound that's pretty that's pretty amazing man stealth is really stealth and then go back to track Wow actually a really big difference that's that's pretty great the Corvette has always been a strong value proposition and nowhere is that more evident than this zr1 giving you a nearly unbeatable track performance per dollar now the nice thing is on the road this doesn't feel like a ragged edge track machine either you could genuinely drive it every day the compromises are few and that's what makes this car so special if you like what you see keep it tuned right here and be sure to visit Edmunds.com [Music]

Because major publishers require DRM on their e-book releases, this means that libraries aren't able to exercise rights under Section 108 just as a matter of law.

Mrs. Small I wanted your take on this matter because the bulk of my complaint actually had Texas Law as the basis for my discharge.

That is because materials and supplies no matter how very expertly and cost - efficiently delivered to an obsolescent method of producing a product (such as the way in which legal services are produced), can not make the product affordable, and therefore, neither can «apps» within the law office.

At the same time, in spite of BAPCA or perhaps because of it, some solos regard this as a great time to be a bankruptcy lawyer because (a) there's always a base need for bankruptcy attorneys, no matter the economy, and (b) with lawyers leaving bankruptcy law, there's more opportunity for those who enter this practice area.

The school countered that the plaintiff assumed the risk of the activity by voluntarily participating in the game, and it also argued that, as a matter of law, the school was entitled to immunity because the decision to have the students play floor hockey was a discretionary government function.

Considering what a mess the Monday testimony and lawyer argument on the effect of the new claim construction was (because, frankly, both parties had previously hedged their bets as they didn't know what the appeals court would do), the jury is probably now very confused about it (and Judge Koh did the right thing by denying both parties» motions for judgment as a matter of law since there are reasonable arguments for and against infringement, for and against validity).

Because the plaintiff undisputedly had the right of way under these circumstances, his attorney argued that the defendant was entirely at fault as a matter of law.

Even in the case of the Succoth hut on the condominium's balcony, where the SCC said that religious belief had only to be sincere to qualify for Charter protection (Linus van Pelt in Peanuts expressed that decades ago: it doesn't matter what you believe, as long as you're sincere), the religious person got to set up his hut contrary to the condo's by - laws because the court held it was no big deal for the condo.

As a matter of constitutional U.S. law, your conviction remains valid and you must serve the sentence, if your conviction was final and all appeals had been exhausted when the new court decision was announced unless it was a «new rule» of law rather than a mere interpretation of existing law, but if your conviction was not yet final because post-conviction motions or appeals were still pending, the new rule of law could be utilized to challenge your conviction.

Because of my intimate knowledge of the law and experience as to how judges decide cases, I can advise clients on how best to resolve their matter in the hopes of avoiding years of litigation.

What if the highest courts in the Member States no longer feel required to make preliminary references because they can consider EU law as a matter of fact, as these tribunals are allowed to do?

Lawyers of the future who will still be practicing law as we think of it today, meaning trading time for dollars, will be doing so because they are experts with deep subject matter knowledge and experience applying that knowledge to assist a specific group of clients.

As identified by Commissioner Blair QC in the Royal Court decision of In the Matter of L [2015] JRC119, there is «a lacuna in Jersey's law of ancillary relief» because the Royal Court has no statutory power to set aside a disposal by a non-compliant spouse or civil partner determined to put assets beyond the reach of his or her estranged partner.

Second, you ask, «Why would we create a system of laws to settle our moral disagreements only to have that settlement altered because 12 folks in a room reject it as a matter of «conscience»?

Why would we create a system of laws to settle our moral disagreements only to have that settlement altered because 12 folks in a room reject it as a matter of «conscience»?

To my mind, the different topical channels — such as family law, personal injury law or even AmLaw 200 are the stand - out feature of the site because they enable readers to follow postings from blogs on certain subject matters in one streaming, Web - based feed.

And it doesn't matter whether the reviewing court rather than the trial court makes this finding.The crux of the decision lies in the fact that «the State failed to prove its case as a matter of law, not merely because [the judge], as a 13th juror, would have decided it differently from the other 12 jurors.»

This was because, as a matter of EU law, when a new rule of law comes into force, it can not apply to legal situations which have arisen and become definitive prior to that date, but can apply to the future effects of a situation which arose under the old law.

Because the Arizona Supreme Court could not say as a matter of law that the alleged negligence that was a cause of Shaw's death was unrelated to her incapacity, the state Supreme Court reversed the judgment of the trial judge and sent the case back for further proceedings.

Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of negligence; therefore, the judge allowed the defendants» motions for summary judgment.

Outside the law school context, writing center scholars have long debated whether generalist tutors (those that are not expert, or even conversant, in the writer's subject matter) can provide the right amount of feedback.105 Some believe generalist tutors are the ideal, because «the ignorant tutor, by virtue of her ignorance, is just as likely — perhaps even more likely — than the expert to help the student recognize what must be stated in the text.»

Now, it seems like the ethical thing to do is not to read illegally copied material, even if there's no law to stop you (especially as they might accuse you of being the one to have copied them — however, for the purposes of the question, if possible, try not to turn this into a matter of getting prosecuted because someone thinks you copied the material that you didn't copy; for the purposes of this question, assume everyone in the world knows, believes and acts like you're not the one who copied it, impractical as that might seem).

Because of this, addressing the matter requires navigating not only the criminal justice system, but the family law system as well.

The submission that the issues which arise here were matters for the Executive or Legislature under Article 120 of the UAE Constitution because they concerned foreign affairs and questions of public policy (ordre public) or a matter for the UAE Supreme Court if there was any serious issue / doubt under the Constitution as to the organ which should determine such questions, falls away once it is seen that waiver of immunity is a question to be determined by the judiciary as part of the contractual and procedural law of the DIFC.

If you feel you have been subjected to unequal treatment and or harassment because of your sex, age, disability and or race, or named as a respondent in such a matter, OP Law can assist you in addressing issues of discrimination and accommodation.

The Tribunal refused leave because the Speaker has the power to control access to the House as a matter of constitutional law and ancient parliamentary privilege.

(a) because the law of state immunity had to be the same in DIFC as in the UAE as a whole, issues of state immunity were matters for the UAE to determine and not for the courts of Dubai or the DIFC;

As the Illinois Supreme Court held in Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board, 215 IL 118043: «A school district may refuse to arbitrate a grievance where: (1) there is no contractual agreement to arbitrate the substance of the dispute or (2) the dispute is not arbitrable under section 10 (b) of the Act because the subject matter of the dispute conflicts with Illinois law.»

In some ways, the logic of costs is questionable because a matter that has to go to court, especially when each side is represented by a lawyer, usually implies that a point in law, as it framed within the facts of the case, is uncertain and requires judicial interpretation.

Interstate successfully defended by claiming that as a matter of law it could not be liable for tortious interference because Mr. Hutchens was predisposed to breach his covenant not to compete.

Because of the varied background of our Health Care Focus Team, we are also able to integrate compliance recommendations in other areas such as employment matters, corporate law, and other legal areas that affect the overall atmosphere of compliance throughout all aspects of the organizational structure.

Many women lawyers share the same dream as you do of combining a satisfying career with a meaningful family life, and many of them are realizing that dream, in part because many large law firms have woken up to the reality that it is not just a matter of being decent and sensitive, but also good business to accommodate the needs of working lawyer moms.

As a matter of public policy, the English Courts will not enforce the obligations under the Purchase Undertaking because it was entered into for a purpose which is unlawful under the law of friendly foreign state.

But, as Justice Laskin noted, at para. 38, the trial judge stated, ``... as a matter of law, I can not exclude under s. 24 (2) the marijuana seized during the search of the car because of right to counsel breaches that occurred subsequently, no matter how serious they may have been.»

In Wilson v HSE [2009] EWCA Civ 1074, the EAT held that the hurdle that it erects is a high one, but the Court of Appeal disagreed and held that it is a lower hurdle, partly as a matter of interpreting Cadman and partly because of the argument that a high hurdle could place a burden of proof on to the claimant, contrary to EC law.