Sentences with phrase «binding upon the court»

The provision continues by stating that in «doing so, the Tribunal shall follow the prevailing interpretation given to the domestic law by the courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.»

In so doing, the Tribunal «shall follow the prevailing interpretation given to the domestic law by the courts and authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party» (Article 8.31 CETA).

Parties should be free to cite unpublished opinions as persuasive, while not binding upon the court.

The terms of the agreement — except for the provisions relating to the children — are binding upon the court, unless the court determines that the agreement is unconscionable.

Not exact matches

Moreover, the Supreme Court's declaration of constitutional law is binding upon the entire polity.

I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by other departments of the government.

While the Congress is under no duty to provide remedies through the courts, the contractual obligation still exists, and, despite infirmities of procedure, remains binding upon the conscience of the sovereign.

US District Judge U.W. Clemon stated in his ruling that, while he was bound to rule only upon a court order, dating from 2001, he thought that the Alabama law was «probably unconstitutional.»

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

However, the crucial sticking point for the compatibility of such a joint court with EU law is arguably whether the decisions of the body are binding upon the EU institutions and the Member States.

If, as with investor state dispute settlement, such a claim would bypass the national courts and thus the preliminary ruling architecture, then the decision of the joint court would constitute an application of the EU law manifested in the withdrawal agreement with a result that would be binding upon the host Member State in question.

It suggests that imposing a consent requirement for the collection, use and disclosure of all «personal information» (a term that has been broadly defined by the Court itself) is bound to run afoul of individuals» reasonable expectations and unjustifiably encroach upon individual expression.

This opinion is advisory only, based only upon the facts presented and not binding on any court or tribunal.

The claim had not been compromised as the judge had stated and so the judge had not been bound by BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 393, [2003] All ER (D) 196 (Jul)-- where parties have settled on all issues save costs before a trial or where a trial is incomplete, the court should not, save in a reasonably obvious case, embark on making an order for costs because the court will have no proper basis of agreed or determined facts upon which to base its decision.

In the words of the Court, that procedure «has the aim of forestalling complications which would result from legal disputes concerning the compatibility with the Treaties of international agreements binding upon the European Union».

Even though Bangladeshi courts have come to conflicting decisions as to the scope of the Act, there is a decision of the Appellate Division of the Supreme Court of Bangladesh restricting the application of the Act [10], and pursuant to Article 111 of the Constitution of the People's Republic of Bangladesh, a decision of the Appellate Division of the Supreme Court is binding upon the High Court Division and other courts subordinated to it.

Furthermore, the Court stated that the customary rule on the territorial scope of treaties (cf Article 29 VCLT) provides that treaties are binding upon parties in respect of their «entire territory», unless a different intention appears from the treaty or is otherwise established.

If it has, the previous ruling should in principle be binding upon this supreme court as well.

In the U.S., any court can determine that a law is unconstitutional, but the extent to which that ruling is binding precedent on other courts or other parties than those to the case before it depends upon the court in question and upon the doctrine of collateral estoppel (a.k.a. issue preclusion).

Put differently, the corollary of the presumption of compliance is that «courts will apply the law laid down by statute or common law, even if it is inconsistent with a treaty which is binding upon Canada.»

One argument, which doesn't always work, is that once you are subject to a legally binding court order that has been served upon you that you may not legally defy that court order in order to follow the order of a court which can not override the decisions of the court issuing the first order.

In order to have mental health legislation altered (very unlikely to demolish) you would have to prove that it's provisions are incompatible with Convention Rights, and even then the courts can only make a declaration via s. 4 of the HRA which isn't legally binding upon Parliament.

(1) An arbitral award, irrespective of the State or jurisdiction in which it was made, shall be recognised as binding within the DIFC and, upon application in writing to the DIFC Court, shall be enforced subject to the provisions of this Article and of Articles 43 and 44.

Upon the Convention coming into force, the DIFC Court of First Instance will be bound to recognise and enforce a foreign arbitral award upon the terms set out in the ConventUpon the Convention coming into force, the DIFC Court of First Instance will be bound to recognise and enforce a foreign arbitral award upon the terms set out in the Conventupon the terms set out in the Convention.

Under Court Rule 22 N.Y.C.R.R. § 202.16 - a, the listed orders are binding upon a plaintiff upon commencement of the matrimonial action and upon a defendant upon service of the summons or summons and complaint (see Domestic Relations Law § 236 [B][2][b]-RRB-.

But because the decision will be a first for superior courts in Canada, and because such decisions are binding upon the lower courts, the ruling will have broad impact.

meaning the court is bound to take judicial notice, as it does in regard to all words in our own tongue, and upon such a question dictionaries are admitted not as evidence, but only as aids to the memory and understanding of the court.

In federal court, experts are bound by Rule of Civil Procedure 26 to disclose the subject matter upon which they'll testify in court.

In state court, a similar process for alternative dispute resolution is required, but it may take the form of mediation, ENE, binding arbitration or any other method involving a neutral and agreed upon by the parties.

And for the same reason, and upon the same principles, where the defect of jurisdiction is patent on the record, this court is bound to reverse the judgment although the defendant has not pleaded in abatement to the jurisdiction of the inferior court.

Upon the whole, it must be admitted that the current of authority both in England and in this country is in accordance with the law as declared by the courts of Missouri in the case before us, and we think the court below was not only right, but bound to follow it.

Thus it will be seen by these quotations from the opinion that the court, after stating the question it was about to decide in a manner too plain to be misunderstood, proceeded to decide it, and announced, as the opinion of the tribunal, that in organizing the judicial department of the Government in a Territory of the United States, Congress does not act under, and is not restricted by, the third article in the Constitution, and is not bound, in a Territory, to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices for a term of years only, and may vest in them judicial power upon subjects confided to the judiciary of the United States.

Such application are not yet legal in the sense that no court of law or judicial or legal body has vetted or approved such use as legally relevant, let alone legally binding upon any third party or government agency.

2d 217, 217 (Fla. 1st DCA 2005), upon concluding that the court was bound by a «substantively identical» First District decision.

None of the provisions of Title V of Part Three of the Treaty on the Functioning of the European Union, no measure adopted pursuant to that Title, no provision of any international agreement concluded by the Union pursuant to that Title, and no decision of the Court of Justice of the European Union interpreting any such provision or measure or any measure amended or amendable pursuant to that Title shall be binding upon or applicable in Denmark; and no such provision, measure or decision shall in any way affect the competences, rights and obligations of Denmark; and no such provision, measure or decision shall in any way affect the Community or Union acquis nor form part of Union law as they apply to Denmark.

The court below has held that the petitioner's conduct constituted the commission of an offense under the state law, and we accept its decision as binding upon us to that extent.

The fact that the Court relied upon access to justice in itself has very little bearing on the broader question of binding arbitration.

It is apparent from this wording that the UN Security Council is endowed with a power to make determinations of fact (which in practice are unlikely to be susceptible to judicial review before the International Court of Justice), which in turn may trigger resolutions authorising the use of force, and otherwise binding upon all UN member states.

Simon said that, upon exit, UK courts will no longer be bound by decisions from the Court of Justice in the European Union as to how laws should be interpreted.

UK courts will, however, remain bound by decisions of higher UK courts, even those which resulted from CJEU guidance (absent a contrary view given upon appeal to the Supreme Court in the UK).

Is a lawyer ethically bound to know the realities of a court's inner workings, or may he rely upon published court rules of procedure?

Supreme Court in case of Gorie Gouri Naidu (supra) has in the facts of that case held that the finding rendered by one court in the proceedings between the same parties declaring the deed of gift invalid, in the suit between the same parties, in which the same document was relied upon, even if erroneous, inter party judgment binds the party if the court of competent jurisdiction has decided theCourt in case of Gorie Gouri Naidu (supra) has in the facts of that case held that the finding rendered by one court in the proceedings between the same parties declaring the deed of gift invalid, in the suit between the same parties, in which the same document was relied upon, even if erroneous, inter party judgment binds the party if the court of competent jurisdiction has decided thecourt in the proceedings between the same parties declaring the deed of gift invalid, in the suit between the same parties, in which the same document was relied upon, even if erroneous, inter party judgment binds the party if the court of competent jurisdiction has decided thecourt of competent jurisdiction has decided the lis.

Yet the UK's membership of European institutions involves the UK's having entered into commitments that are binding upon it in international law; that position can be adjusted neither by establishing a constitutional court nor (as the Prime Minister has suggested) by legislating to assert parliamentary sovereignty.

How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: [phone] Cell Phone: [phone] Fax: [phone] E-mail: [email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized by Alabama Supreme Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S. Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services, Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request

Either way, the court will grant a decree of separation, which is binding upon both you and your spouse.

Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be resolved by confidential binding arbitration in Nashville, Tennessee in accordance with the Supplementary Procedures for Consumer - Related Disputes of the American Arbitration Association (http://www.adr.org/sp.asp?id=22014), and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

In a New York State agency adoption, if the birth parent (s) wish for post adoption contact with the adoptive family (e.g. exchange of pictures and letter, annual visitation with child) the birth parent and adoptive parents will sign a legally binding and court enforceable Post Adoption Contact Agreement that obligates the family to comply with all agreed upon post-adoption contact until the child becomes an adult (age 18).

In a New York State agency adoption, if the birth parent (s) wish for post adoption contact with the adoptive family (e.g. exchange of pictures and letters, annual visitation with the child) the birth parent and adoptive parents will sign a legally binding and court enforceable Post Adoption Contact Agreement that obligates the family to comply with all agreed upon post-adoption contact until the child becomes an adult (age 18).

However, the Court said, «Patel apparently does not feel bound by the maxim codified in [Civil Code] section 3514 which states: «One must so use his own rights as not to infringe upon the rights of another.»