Sentences with phrase «based upon a failure»

One could travel in this bicentennial year to a thousand American communities, and in each of them see instances of human tragedy directly based upon failures of justice and the breakdown of moral ideas — this in the face of operative legal systems.

Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this title or with the limitations generally applicable to compulsory process or upon any constitutional or other legal right or privilege of such person.

And for an advantage in litigation, to raise an argument for opposing the admissibility of an opponent's records based upon a failure of standards - compliance, one's own ERMS has to be ready for a reciprocal attack.

Historically (long, long ago to the point that there is no leading case establishing this rule), you could challenge a verdict based upon a failure of a judge to dismiss a juror for cause (or for improperly dismissing a juror for cause) when this was an abuse of discretion.

But, while admitting that you are guilty of the crime for which you have been convicted is not expressly required to earn «good time», it would not be improper for corrections officials to deny «good time» based upon a failure to admit guilt.

As a result, at trial a jury is specifically instructed that they can not reduce the amount of compensation based upon a failure to wear a helmet.

The Court's finding that Rutgers violated OPRA regarding this request was based upon its failures to conduct such a search and «articulate clearly which documents were withheld.»

Not exact matches

Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.

«Based upon this disappointing record of failure, the city can not afford to lose control over a service that is vital,» Miner wrote.

The dioxin - based argument for vegetarianism stands upon three legs, each of which crumble under analysis, the failure of each being sufficient for the argument to fall.

1012.795 and 1012.796, upon the request of the Department of Education, the clerk of the Education Practices Commission shall issue to the educator an order to show cause, or the Commissioner of Education may issue an administrative complaint in the same manner as for cases based on a failure to comply with an order of the Education Practices Commission.

Based upon the alleged «failure» of Petitioner's students to meet computer predictions that generate a so - called student growth percentile («SGP») 5 for each of her fifteen (15) students, the algorithm somehow adjusted the SPGs and averaged the adjusted SGPs to create a so - called mean growth percentile («MGP») which Respondents» computer program in turn used to determine that she was an «ineffective educator» in terms of promoting growth.

The union won that case on the basis of the DOE's failure to satisfy regulations agreed upon in 2009 as a modifier to legislation that gave Mayor Michael Bloomberg continued control of the city's schools.

I prefer a threshold of minus 2 % based upon the tenth failure data.

Also, when we talk about HSWR [Historical Surviving Withdrawal Rates], we are talking about the future and making probabilistic analysis based upon valuations which determine safe, reasonably safe, 50/50, likely failure, etc..

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

I believe the number one reason for the proliferation of incompetent and even criminal dog owners, is the failure by authorities everywhere to enforce the breed neutral laws, based upon the individual behavior of each dog, as they stand.

There is very weak veterinary clinical and experimental evidence based upon a limited number of studies to indicate that adding transdermal nitroglycerine to other therapies used for management of left - sided congestive heart failure in dogs speeds the resolution of clinical signs.

The most likely explanation being that the land based thermometer record has become inaccurate due to station drop out, particularly high latitude drop out, a biasing towards airport stations, poor station siting and a failure to properly allow for UHI which is having an ever increasing impact upon post 1960s temperatures because of not simply an increase in urbanisation but also the drop out of rural stations and the ever increasing percentage of airport stations and airports have so greatly changed during the 1970s and 1980s.

The most likely explanation being that teh land based thermometer record has become inaccurate due to station drop out, particularly high latitude drop out, a biasing towards airport stations, poor station siting and a failure to properly allow for UHI which is having an ever increasing impact upon post 1960s temperatures because of not simply an increase in urbanisation but also the drop out of rural stations and the ever increasing percentage of airport stations and airports have so greatly changed during the 1970s and 1980s.

Failure to acknowledge the upside so it may be risk - weighted with downside means the speaker drank the kool - aid and can not possibly reach an objective decision based upon facts.

There is a need to establish an international data base on how nations have considered equity and distributive justice issues at the national level and specific excuses that nations have relied upon for their failure to support an ethically justifiable international climate regime.

based upon humanity's failure to do much under the instruction of our betters, we ought to be approaching the higher rate of 24 cm per decade of SLR anytime now.....

One can not place absolute trust in data and in analyses which have not been subjected to a reasonably tight Quality Assurance program of some kind, one which is based upon a graded approach and which is commensurate with the potential public safety impacts and potential economic impacts of a quality assurance failure in either the data or in the analyses.

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

The Appeals Court noted plaintiff's claims for negligence and for informed consent were based on the same facts, and held there can not be a second cause of action of informed consent based upon the same facts as negligence for failure to diagnose and treat.

The discretionary function exception protects the government from liability for any claim based upon the exercise or performance, or the failure to exercise or perform a discretionary function or duty on the part of a government employee.

The jury knows that a death is a element of murder and might have acquitted not based upon the reasons presented to it at trial but based upon their own personal view that the failure to present a body left them with reasonable doubt for some reason or another, which is a perfectly plausible scenario.

Punitive damages are generally not available in cases based upon mistake or failure to use reasonable care, i.e., negligence.

They covered the failure of the Lord Chancellor to consult on the process of the changes, the common law duty of the Lord Chancellor to ensure fairness; and grounds based upon the European Convention on Human Rights.

The Court held that it need not find a «special relationship» between Crane Co. and Ms. Jones to impose a duty because the plaintiffs allegations were based upon Crane Co.'s own alleged misfeasance in utilizing asbestos - containing products and not on an alleged failure of Crane Co. to protect against the actions of a third - party tortfeasor.

In the first comprehensive appellate decision interpreting Pennsylvania Rule of Civil Procedure 1042.3 - 1042.6, Pennsylvania's tort reform measure intended to increase the threshold of merit for professional liability actions, the Pennsylvania Superior Court reversed the ruling of the trial court and remanded for the entry of judgment as a matter of law in favor of John's client, a physician, based upon the plaintiff's failure to file a certificate of merit in support of his medical malpractice claim.

This Court can reverse the Federal Court's fact - based discretion only upon demonstration of palpable and overriding error or failure to give weight to all relevant considerations: H.L. v. Canada (Attorney General), 2005 SCC 25, [2005] 1 S.C.R. 401; MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2, [2010] 1 S.C.R. 6 at paragraph 43; Community Panel of the Adams Lake Indian Band v. Adams Lake Band, 2011 FCA 37 at paragraph 31.

Specifically, with regard to being unqualified to offer an opinion subject to the Daubert rule, the defendant challenged the witness» ability to offer such an opinion, based upon the physician's alleged failure to review various CT & MRI scans and other diagnostic tests prior to reaching his conclusions related to the car accident that contributed to an exacerbation of the plaintiff's pre-existing condition and other related considerations.

The defense reduced the plaintiff's award based upon evidence of an alternative cause for the implant failure.

Every public body and its officers, employees and agents acting within the scope of their employment or duties... are immune from liability for... Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.

That statute precludes liability for «any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a public employer or public employee...» For purposes of the statute, discretionary conduct must involve policy making or planning and not merely an ad hoc determination.

Much of its success or failure is based upon the same factors as any good graphic design project.

The board of the California chapter declared, «there is a clear and present danger to the public health of the children of this State based on our society's failure to adequately address the impact of child custody proceedings upon children as a chronic, system - wide, statewide, public health crisis which impacts the previous, current and future generations of California's most precious resource — its children.»

The board of the California chapter declared, «There is a clear and present danger to the public health of the children of this State based on our society's failure to adequately address the impact of child custody proceedings upon children as a chronic, system - wide, statewide, public health crisis which impacts the previous, current and future generations of California's most precious resource — its children.»

«Pursuant to the Court's Order of July 25, 2005, Father was awarded sole custody of the two children with primary residence based upon the best interest factors, Mother's parent alienation, and her failure to appear at the hearing.»

However, Florida Realtors is not a legal agency (it does have a Code of Ethics which its members are required to follow even though failure to follow the code will not result in the loss of license or the award of damages to someone who has been wronged in a real estate deal — also, you can not file a lawsuit based upon a member of the trade association failing to follow one of the organization's ethics rules — although you can file a complaint with the group about any wrongdoing that may have happened).

Failure to perform with integrity in this arena based upon knowledge and experience is not an option when it comes to dealing with the public interest.

However, most newbies, as well as far too many post-newbie failures - in - waiting (the majority of registrants on any given day) do «not» possess the requisite experience / knowledge / self - confidence to realistically convince themselves that they are indeed providing a valuable service based upon their own self - knowledge of their foundational shortcomings.

Matter of Roberts Real Estate v. DOS (171 A.D. 2d 217)- Third Department reverses DOS finding of failure to disclose (51 DOS 90) based upon Real Property Law § 442 - c, where representative brokers did not have actual knowledge of the alleged incident New York Court of Appeals (80 N.Y. 2d 116, October 20, 1992) affirms, with modification that the relevant «actual knowledge» is that of corporate officers, directors and representative brokers; applies RPL § 442 - c to prohibit suspension or revocation on vicarious basis, and remands to DOS to reconsider lesser sanctions.

However, a Florida short sale lawyer may be able to find legal defenses to these collection efforts, based upon the bank's own actions (or failures to act) including Statute of Limitation defenses pertaining to the debt and the inability of the bank to prove up the legal validity of the mortgage debt.