Sentences with phrase «binding authority»

An insurance company may only grant an agent binding authority in certain circumstances.

It was held that the effect in law of such delay was well settled by binding authority, and the claimant's action would fail in any event on unrelated grounds.

In the absence of binding authority clearly on point it may reasonably be said that the law is what it ought to be.

Although there may be reasons for unpublished opinions to not be considered binding authority, this rule seemingly goes ever further.

When parent coordination is conducted privately, the professional chooses whether to accept binding authority from the court or maintain his neutrality in a purely therapeutic fashion.

First, you could show that your opponent's authority conflicts with binding authority, such as a recent Supreme Court case or a newly - enacted statute or regulation.

Both the High Court and Court of Appeal decided the issue against YL; the earlier decision of the Court of Appeal in R (Heather) v Leonard Cheshire Foundation [2002] EWCA Civ 366, [2002] 2 All ER 936, a case on similar facts, was considered by the High Court and Court of Appeal as binding authority on the HRA 1998 status of those organisations operating private care homes.

While the Opinion Letters functioned as the DOL's official, written opinion on how a specific law applied to a given situation, they weren't binding authority on the DOL or any courts.

A domestic relations decision maker is given binding authority to resolve disputes between the parties as to the implementation or clarification of existing orders regarding the parties» children, including but not limited to: disputes concerning parenting time; specific decisions regarding a child like medical care or schooling; and child support.

Bibliolatry became a problem when, confusing traditionalism with Tradition, the Protestant Reformers claimed the Bible as the ONLY binding authority for faith and morals:

There need not be truly subjective guilt either in the case of the individual or of a social group, even when the subjective conscience is confronted with the official teaching of the Church as a formally binding authority.

Menin was the only candidate to advocate «absolutely» for a City Charter revision to give both the borough president and community boards greater binding authority.

It explained that this exception «is not a general invitation to reconsider binding authority on the basis of any type of evidence.

The quoted case law (at 78 - 80) stipulates that the application of these conditions is more flexible where the act constitutes a general programme of action that is aimed at binding an authority being the author of the decision and where the act contains a measure that creates rights and obligations with regard to third parties.

Reasons that justify a court departing from its own prior decisions can not justify a lower court revisiting binding authority.

This method of refuting adverse authority is highly persuasive when binding authority is lacking.

Their «rulings» have no legal force in England and Wales nor any legal binding authority under civil law.

He regularly gives lectures and seminars on insurance - related subjects (eg binding authority issues, liability in 3 - D printing, developments in fraud law, and subrogation).

The decision of the Court of Appeal in Bultitudee stood as binding authority that the test to be applied in the context of solicitors» disciplinary proceedings was the Twinsectra test as it was widely understood before Barlow Clowes, that was a test that included the separate subjective element.

Nigerian courts may rely on the precedent of the English courts, which are only persuasive rather than binding authority in Nigeria.

Informative decisions are not binding authority, but contain examples of PTAB norms on recurring issues, provide guidance on issues of first impression, or provide guidance on PTAB rules and practices.

Decision - Maker The Court may appoint a Decision - maker with binding authority to resolve disputes between the parties as to implementation or clarification of existing orders concerning the parties» minor or dependent children.

Evangelicals are those who believe in (1) the need for personal relationship with God through faith in the atoning work of Jesus Christ, and (2) the sole and binding authority of the Bible as God's revelation, but they are at an impasse over the interpretation of major theological matters.

International insurance broker's binding authority agreement with large insurer for professional indemnity risks;

102 [102] Smuk is also of persuasive and not of binding authority on me.

Which is to say that this typically Protestant church has no way of saying «Thus says the Lord» and that its representative deliberations are therefore nothing more than an assessment of opinion with no binding authority whatever.

@ Bucek My reference to the OT was not to cite it as a binding authority on the church, but to draw the lessons for our learning.

Dr. Ghali We will soon cast in (to) the hearts of the ones who have disbelieved horror for whatever they associated with Allah for which He has not sent down an all - binding authority; and their abode will be the Fire, and miserable is the lodging of the unjust!

(6) Evangelicals, that is, have a personal faith in Jesus Christ as Lord and a commitment to the Bible as our sole and binding authority.

The E-business Point of Contact (POC) is a senior official who has binding authority to commit the institution to contracts — for example the institution's vice-president for research or chief financial officer.

The right to education was first entrenched in the article 26 of the Universal Declaration of Human Rights (UDHR) of 1948 (10) and was given effect by article 13 of the International Covenant on Economic, Social Cultural Rights (ICESCR) of 1966 (11) so as to attain a binding authority.

This was the only signed agreement associated with the Common Core State Standards, but it had no binding authority past the development process, yet the State Board felt it important to rescind it in good faith to those concerned that it had governance authority.

The Court of Appeal decision in Sturges v Bridgman (1879) 11 ChD 852 was clear and binding authority that coming to a nuisance was no defence (and that decision was followed by the Court of Appeal in the case of Miller v Jackson [1977] 1 QB 966, [1977] 3 All ER 338).

Simon J considered this case but relied on statements in Jaggard v Sawyer (CA)[1995] 1 WLR 262, [1995] 2 All ER 189, to the effect that the principles laid down in Shelfer not «binding authority on how the discretion should be exercised».

It explains the basic concepts, such as the use of precedents and the concept of binding authority.

Even if your trial court wants to agree with you, it can not disregard the binding authority; don't ask a court to do something it can not do.