Sentences with phrase «based general court»

Not exact matches

Lawyers for the European Commission, which oversees the «safe harbour» arrangement, told the Luxembourg - based court that the agreement did not mean that the US «in general ensures an adequate level of protection» for European citizens.

There has been a general consensus that home court advantage is worth around three points to the spread, although the number varies based on venue.

Now there are various ways that you can get those convictions expunged, but it's much more difficult if it has already become a public record, and if your child has been convicted of a DUI in juvenile court, even though that is not accessible to the general public, the DMV will be able to see that conviction and may refuse to give your child the license for some period of time, based on that conviction.

Nebraska: The court makes a custody determination based on the best interests of the child, which include the relationship of the child to each parent; (b) the desires and wishes of the child; the general health, welfare, and social behavior of the child; credible evidence of any abuse in the household.

The discharge of the seven suspects follows a motion filed in court by the Attorney General to drop the charge of treason felony and conspiracy to commit same against them, Accra - based Starr FM reports.

NASUWT general secretary Chris Keates: «The question the court is being asked to answer is whether it is just and fair to arbitrarily change the basis on which pensions are calculated, reducing their value by thousands of pounds.

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».

The others include Albany - based Appellate Justice Leslie Stein, a former City Court judge; Buffalo - based Appellate Justice Eugene Fahey; Daniel Alter, general counsel for the state Department of Financial Services; attorney Maria Vullo of Paul, Weiss, Rifkind, Wharton & Garrison in Manhattan; attorney Rowan Wilson of Cravath, Swaine & Moore in Manhattan; and Preeta Bansal, a Manhattan - based former state solicitor general who is a visiting scholar at Harvard Law School and senior legal and policy advisor at the MIT Media Lab.

The Attorney General's Department has claimed that there is no evidence to form the basis of the prosecution of Delta Force even though the violent overthrow of the court proceedings had been caught on camera and had been witnessed by a judge of the court where the incident took place, Mary Nsenkyire.

It is on the basis of the above that when on the 25th of April, 2018, the Senate invited the Inspector - General of Police to appear before it on the 26th of April 2018, in respect of the felonious offenses for which Sen. Dino Melaye was taken into Police custody, investigated and arraigned in a Court of Competent Jurisdiction in Lokoja, but because the Inspector - General of Police was on official assignment with the President of Federal Republic of Nigeria to Bauchi on same date, he delegated the Deputy Inspector - General of Police, Department of Operations, Assistant Inspector - Generals of Police and some Commissioners of Police conversant with the matter to brief the Senate.

«It's time to free the prisoners of the war on drugs,» declared Green Party governor candidate Howie Hawkins as he and the party's attorney general candidate and Bronx - based people's lawyer Ramon Jimenez spoke in front of Manhattan Criminal Court.

In March, advocate general Yves Bot issued a preliminary judgment limiting patents involving embryonic stem cells, on the basis that they «would be contrary to ethics and public policy» (see «European Court of Justice rejects stem - cell patents»).

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

The Supreme Court, in cases culminating in Agostini [v. Felton], has established the general principle that state educational assistance programs do not have the primary effect of advancing religion if those programs provide public aid to both sectarian and nonsectarian institutions (1) on the basis of neutral, secular criteria that neither favor nor disfavor religion; and (2) only as a result of numerous private choices of the individual parents of school - age children.

And the leaders of K - 12 Inc. settled a high - profile court case with California Attorney General Kamala Harris this year, agreeing to dispense millions in payments and debt relief to their nonprofit school operators after state officials said the Virginia - based company misled the state in order to take in more public funding.

At the request of the Federal Trade Commission and the Florida Office of the Attorney General, a federal district court judge has entered eight orders against an intertwined web of Orlando - based individuals and companies that bombarded consumers with illegal robocalls from «Card Member Services,» pitching worthless credit card interest rate reduction programs.

An unwritten body of law based on general custom and usage which is recognized and enforced by the courts.

Simply put, while Walmart, Kroger and Dollar General are competing for the same customer base, pet stores are courting an entirely different — and growing — group of pet owners; those who are more focused on quality than on price when shopping for their four - legged loved ones.

But by then General Idea had already experimented with new forms of retail like pop - ups and courted the international fashion set from their home base in Toronto for over a decade.

Virginia Attorney General and global warming denier Ken Cuccinelli has been rebuffed by a state Circuit Court judge who ruled today that Cuccinelli's politically - charged subpoena against the University of Virginia and climate scientist Michael Mann lacked an «objective basis.»

Recently, the General Court on that basis in Pan Europe denied an environmental NGO standing because it could not be considered directly concerned.

In this first case, the General Court had to address claims that the EU lacked an appropriate legal basis for its regulation which restricted trade in seal products.

It subsequently «acknowledged» the CJEU's later opposing judgment, but noted with surprise that the CJEU had set aside the General Court's judgment based to a considerable extent on the argument that — mirabile dictu — the EU had not intended to implement the Aarhus Convention by means of the Aarhus Regulation (para 56).

This deference is present whether the board in question is a «statutory» or a private tribunal (on the distinction in the labour relations context, see Roberval Express Ltée v. Transport Drivers, Warehousemen and General Workers Union, Local 106, [1982] 2 S.C.R. 888, Howe Sound Co. v. International Union of Mine, Mill and Smelter Workers (Canada), Local 663, [1962] S.C.R. 318, affirming (1961), 29 D.L.R. (2d) 76, Re International Nickel Co. of Canada and Rivando, [1956] O.R. 379 (C.A.)-RRB- It is based on the idea that if the courts are available to the parties as an alternative forum, violence is done to a comprehensive statutory scheme designed to govern all aspects of the relationship of the parties in a labour relations setting.

Adopting this approach, the Supreme Court held that the exclusion in the Equality Act breached the general principle of equality to which Directive 2000/78 gives effect, and so disapplied it insofar as it permitted a restriction on the payment of benefits based on periods of employment pre-5 December 2005.

On this basis, the Court set aside the judgment of the General Court and sent it back for a new assessment of whether the documents fall within the scope of «information which relates to emissions into the environment».

One of those judges is Kevin Newsom of the Atlanta - based 11th U.S. Circuit Court of Appeals, a former Alabama solicitor general.

When coupled with general best practices for the questioning of witnesses (such as the avoidance of leading questions), a scientific research - based approach is likely to enhance the court's truth - finding objective leading to more just results.

In 2012 the General Court answered this question in the affirmative and annulled two decisions of the Commission which were based on a regulation which was deemed incompatible with the Aarhus Convention.

The need to resolve such boundary disputes between national constitutional orders and the European constitutional order has come into sharp relief with the Danish Supreme Court's decision in Dansk Industri not to apply the general principle of non-discrimination on the basis of age despite the Court of Justice finding the principle applicable.

[1] On a higher level of abstraction, the plausibility of the Court's reasoning also depends on the view one has of the EU in general: is it an autonomous constitutional order based on the protection of fundamental rights and certain foundational values?

In my view, even if statutes of limitations periods should be considered as forming part of procedural law, this would not mean that they are exempted from the EU general principle of legal certainty and that they can be modified on a case - by - case basis by courts, arbitrarily, without any clear and generally applicable legislative guidance.

I argue that the Court got it right, but that the appeal could have been decided solely on the basis of the «general / specific» canon.

The general principle is that any abducted children should be returned as soon as possible, so as to discourage «border hopping» with the children, on the basis the decision about the children's future arrangement should be made by the court of the country of origin.

For this argument to succeed, Mr. Grenon was required to show, as articulated by the Supreme Court in Withler v Canada (Attorney General), 2011 SCC 12 (CanLII), first, that the law in question created a distinction based on a ground enumerated in section 15 (i.e. sex), or a ground analogous thereto (i.e. family status).

Sell & Melton has handled aviation cases in state and federal courts involving General Aviation (Part 91), Commercial Operations and Air Carriers for Hire (Part 119 and Part 135), Repair Stations (Part 145), Fixed Base Operators, Student Pilots, Instructor Pilots, Aircraft Mechanics, Designated Airworthiness Representatives (DAR's), IFR / VFR issues, Pilot - in - Command issues, Crop Dusters, Helicopters / Rotorcraft, manufacturing and design defects, property damage claims, personal injury claims, and wrongful death claims.

The court then analyzed whether a true conflict existed between Pennsylvania and Delaware law and concluded that no true conflict existed because Pennsylvania and Delaware both afford a general contractor such immunity, albeit on different bases.

This requirement can be satisfied either by adducing direct evidence or by asking the court to draw an inference based on, notably, whether the link was user - activated or automatic; whether it was a deep or a shallow link; whether the page contained more than one hyperlink and, if so, where the impugned link was located in relation to others; the context in which the link was presented to users; the number of hits on the page containing the hyperlink; the number of hits on the page containing the linked information (both before and after the page containing the link was posted); whether access to the Web sites in question was general or restricted; whether changes were made to the linked information and, if so, how they correlate with the number of hits on the page containing that information; and evidence concerning the behaviour of Internet users.

The General Court did thus not get a chance to rule on the legality of relying on classified information or how the Council could base its decisions on such information without infringing the defendant's rights of defence.

This notion is fortified by the remarks made by the Court, seemingly as an afterthought, in paragraphs 48 and 49 of the judgment in the case of X and X, where the Court notes that a decision to allow third - country nationals to lodging applications for visas on the basis of the Visa Code in order to apply for international protection in the Member State to which they will travel would undermine the general structure of the Dublin system.

The General Court annulled the Commission decision to refuse to register the Minority Safepak ECI on the basis of the first of the organiser's claims: «[The Commission] decision manifestly does not contain sufficient elements to enable the applicant to ascertain the reasons for the refusal to register the proposed ECI».

The ECJ dismissed the arguments of the applicants that the General Court erred in law in finding that Article 95 (currently Article 114 TFEU) constituted a solid legal basis (paras. 21 - 42).

Next step will be maritime sector I suppose (see the reasoning of the Judgment of the Court (Grand Chamber) of 21 December 2011 in Case C - 366 / 10 on the general nature of the market based instruments that opens the way).

Much of the basis for the court decisions on the Executive Order was the wide scope and general language of the Order.

This is the second time that the ECJ was confronted with the issue of trade in seals, after having dismissed an earlier appeal to the order of the General Court in an action for annulment of Regulation No 1007/2009 on the basis of lack of admissibility (Case T - 18 / 10, Inuit Tapiriit Kanatami I, EU: T: 2011:419).

EFIM sought for an annulment of the EFIM - decision, but the General Court confirmed the findings of the Commission in its judgment of 24 November 2011 in Case T ‑ 296 / 09), including — interestingly enough — the substantive analysis of dominance based on the four criteria mentioned.

The court presents the jury with specific instructions and outlines the types of things that may be considered for general or specific damages, and the jury decides the exact amount based on the negligence of the parties.

«15 With wire communications however, there is no such limitation, as this statute does not include wire communications, such as communications over the internet including email and instant messenger.16 While this statute is placing a general prohibition on the interception of electronic communications, the statute contains provisions that allow government officials to conduct wiretap surveillance under the authority of a court based on probable cause.17

In a video just shy of three minutes, which appears to have been home - produced on a Mac, Goldstein subtly conveys that (1) he has direct access to, and is on a first name basis with, Supreme Court luminaries like Laurence Tribe and Solicitor General Paul Clement; (2) he's a go - to resource for media folks like Nina Totenberg and (3) he can (and does) respond to inquiries within seconds, using data that he carries, quite literally, in the palm of his hand.

Entering this critical fray, this article examines the debate on both sides of the coin for the inclusion and exclusion of digital devices and the attendant use of social media within the courtroom, based primarily on its accordance with the theoretical and legal underpinnings of the open court principle as they exist at the level of both Canadian law and general jurisprudential theory.