Sentences with phrase «by a court of law if»

When all is said and done, your final product should be something that is upheld by a court of law if challenged by another.

It appears that now that times have changed, that CREA feels that the «dominant position» scenario and alleged abuse thereof will be judged in a different light, by a court of law if need be, due to the recent relative birth of alternative models now at play, in addition to those continuing to come onto the scene across Canada.

Not exact matches

According to notices from the New York State Board of Law Examiners and the Colorado Supreme Court, users who show up with a Touch Bar - equipped model in those states will have to write their answers by hand, but they will be allowed to re-download the ExamSoft software to another machine for free if they do it in advance.

Phantom Secure also guaranteed the destruction of evidence contained within a device if it was compromised, either by an informant or because it fell into the hands of law enforcement, the DOJ said, citing court documents.

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

If a business is owned by a properly established trust, and it is sued, in most cases the only assets that can be attacked or attached in a court of law are those that are in the trust itself.

We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.

If any provision of these Terms is, for any reason, invalid and / or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

If these corporations believed their interests had been injured, they could take the government to court — not in the courts of that country to be judged by its laws — but in special courts set up to adjudicate between governments and corporations for the sake of maintaining the free flow of capital.

I agree with him — if in fact the official in question is directly subject to the law's strictures by order of a court.

If we still have our laws determined by the European Court of Justice, then our parliament is no longer able to make all our laws, and the votes of the British peoples do not count because our laws are made and interpreted by a foreign cCourt of Justice, then our parliament is no longer able to make all our laws, and the votes of the British peoples do not count because our laws are made and interpreted by a foreign courtcourt.

If enough of congress voted on it (greater than 2 / 3rds majority), we elect a racist president, and the Supreme Court just rubber stamped it without reading, the 13th amendment COULD be repealed, and slavery could be «allowed» again by federal law.

This man» a former official of the Second Republic (the previous civilian government, overthrown by the military in 1983) who was once imprisoned by the current regime» told me that in many places in the north, where he often tries cases, Nigerian civil law has become a dead letter: judges regularly turn cases over to the sharia courts even if only one party to the case is a Muslim.

Under previous law, as interpreted by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., the statute of limitations on such suits ran out 180 days after the alleged discrimination occurred, even if the victims never knew about it.

If that law is passed, might it be overturned and ruled unconsti.tutional by the Supreme Court in violation of Roe v. Wade?

What is more, they can be greatly helped if they see that this is indeed the chief stress in public prayer or church worship, so that such social praying is undertaken by a family of God's children addressing a loving Father (who makes demands upon them, to be sure, but who is no hateful dictator nor absentee ruler nor moral tyrant, but genuinely concerned for their best development as his children), rather than a kind of law - court or imperial audience with a terrifying deity.

While the ministry insists it is simply applying the law, according to the BBC, it is willing to show mercy to the nuns by offering to cut the fine to102, 000 euros if they settle and pay outside of court.

If you're interested in digging deeper, you might like knowing that Wake Forest University has published a short, objective Q&A primer on the current law (rather than history) of separation of church and state — as applied by the courts rather than as caricatured in the blogosphere.

To the extent permitted by law, we will disclose your information to government authorities or third parties if: (a) required to do so by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that disclosure is reasonably necessary to protect against fraud, to protect the property or other rights of us or other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications by using them to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.

As regards to the EU professional footballers and the none EU / UK ones who will caught up by Brexit as they are still plying their trades in the UK when the Brexit comes to effect, for the EU footballers and EU managers, to me, of course they should automatically have their former status of freedom or rights to play / work freely in the UK as if they are UK citizens forfeited and should be henceforth be treated as foreigners subjected to comply with the new UK laws so reviewed by the London Supreme court and passed into Law by an act Parliament.

If you are involved in a private youth sports program which plays on publicly - owned fields, diamonds, rinks, or courts, or are in local government, you have probably been hearing a lot lately about what is being dubbed the «power of the permit»: the authority municipalities and towns around the country are using to condition use of their athletic facilities by private programs on compliance with state concussion safety laws from which they would otherwise be exempt, or, in an increasing number of instances, to fill gaps in their state's law.

If a state law or local law is thought to be in violation of a federal law or the federal Constitution, it can be challenged in court as such by someone who is deemed by the court to have standing to bring the case.

In papers submitted by the UK Government last year in the case and seen by the BHA, the Government attempted to argue that there is no breach of EU law because «if a teacher brought a claim against a school (on the basis that the school, as an employer, had discriminated against them in their remuneration, for example), then the court or tribunal would consider the legislation in this wider context.

If by chance a court of law allows them to, they have to pay 400 - million dollars,» Poloncarz said.

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 end result is that the High Court has found that the Health Act does apply to prisons and now the MoJ and Noms will be expected to abide by the letter of the law, even if this could lead to further unrest and disorder in our overcrowded and understaffed jails.

The report followed a review of a five - year sample of court records in Suffolk and five other counties by State Comptroller Thomas P. DiNapoli's office to check if they were enforcing Leandra's Law.

«It is not clear beyond a reasonable doubt that a rational jury would have reached the same conclusion if properly instructed, as is required by the law for the verdict to stand,» Jose Cabranes of the Second Circuit Court of Appeals decision said in his decision.

Interestingly enough, because in the US you have the right to appeal to a higher court if you don't like the decision of a lower court, many times states will find very popular gun control bills struck down by a Federal court who tells them that in the pure legal sense, their gun control laws are unconstitutional.

If a file is sealed by Court Order or New York law, the contents will be available only to the defendant and / or the attorney of record.

Among the provisions, the law would empower Child or Adult Protective Services to seek a court order to enter premises to investigate claims of abuse if access is denied by the homeowner; allow Child Protective Services to share information about prior abuse with Adult Protective Services; and make it a Class A misdemeanor to deny Child or Adult Protective Services access to an alleged victim for an interview.

The next instances and judicial processes started on Catalonia will be expired before the court of the Catalonia territory and if applicable before the Catalan High Court, even in an extraordinary appeal, without prejudice to the appeal for the unification of doctrine established by the competition law of the Supreme Ccourt of the Catalonia territory and if applicable before the Catalan High Court, even in an extraordinary appeal, without prejudice to the appeal for the unification of doctrine established by the competition law of the Supreme CCourt, even in an extraordinary appeal, without prejudice to the appeal for the unification of doctrine established by the competition law of the Supreme CourtCourt.

Under the proposed measure, family members or law enforcement could petition a court for «Extreme Risk Protection Orders,» which, if granted, would allow officers to temporarily confiscate firearms and prevent the purchase of additional weapons by those deemed at risk of causing harm to themselves or others.

If the Supreme Court wasn't functional for an extended period then various different and contradictory decisions made by the appeals courts would build up and there would be different «laws of the land» in each federal judicial district.

At the bottom of page 43 of the judgement, Justice Benin was even more explicit: «I must emphasize here that even if there is provision in the law and / or regulations for validation, the court can not compel the 1st defendant to follow that method unless it is the only mode that is sanctioned by the law or regulations.

Instead of some of my policies already being enshrined as precedent from being «blessed» by the courts, all of them would be up to be struck down (which is much tougher if they've already been set as standing precedent), which is why I referred to even laws as potentially being no more enduring than an Executive Order, under this scenario.

«As if the palpable odium of intiating a vacuous criminal charge against a whistle - blower, no less a person than a distinguished senator of the Federal Republic of Nigeria was not bad enough, the prosecuting authority, obviously urged on by the Inspector General of Police, threw pretension to adherence to democratic tenets of the rule of law when it sought from the court, albeit most illegally, to obtain summons against Senator Misau, while deliberately witholding service of the copy of the charge on the Senator, an obvious stratagem conceived to frame up all manner of false allegations tailored to suit the obvious purpose of yet another gestapo strategy to use state powers to swoop on the Distinguished Senator and keep him out of circulation»

But the mayor appears to have benefited from a high burden of proof for federal corruption cases — made higher by a recent U.S. Supreme Court decision — and from the legal advice of his campaign attorney, who structured the Senate contributions to conform to the letter, if not the spirit, of state fundraising laws.

But if we have to settle it in a court of law, we are very confident when we get to that court of law we will prevail and everything that occurred did according to the rules and have long been in place by the Onondaga County Legislature.»

«If, by the time the case gets to the Supreme Court, there is a Trump - appointed justice sitting on it, the odds of the [current Clean Power Plant rule] surviving there do not inspire confidence,» says Michael Gerrard, an environmental law professor at Columbia Law School who directs the Sabin Center for Climate Change Llaw professor at Columbia Law School who directs the Sabin Center for Climate Change LLaw School who directs the Sabin Center for Climate Change LawLaw.

Except to the extent that applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kentucky.

Ruling in the Oklahoma City school desegregation case, a divided U.S. Supreme Court holds that districts that were once racially segregated by law may be freed from court - ordered desegregation plans if they have done their best to eradicate the vestiges of their discriminatory systems and have met court orCourt holds that districts that were once racially segregated by law may be freed from court - ordered desegregation plans if they have done their best to eradicate the vestiges of their discriminatory systems and have met court orcourt - ordered desegregation plans if they have done their best to eradicate the vestiges of their discriminatory systems and have met court orcourt orders.

The Education Practices Commission may suspend the educator certificate of any person as defined in s. 1012.01 (2) or (3) for up to 5 years, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for that period of time, after which the holder may return to teaching as provided in subsection (4); may revoke the educator certificate of any person, thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students for up to 10 years, with reinstatement subject to the provisions of subsection (4); may revoke permanently the educator certificate of any person thereby denying that person the right to teach or otherwise be employed by a district school board or public school in any capacity requiring direct contact with students; may suspend the educator certificate, upon an order of the court or notice by the Department of Revenue relating to the payment of child support; or may impose any other penalty provided by law, if the person:

State laws allow bail bond companies to charge defendants a premium of up to 12 percent of the face value of the bond imposed by a judge, in exchange for a promise to pay the full amount to the court if the defendant doesn't show up for trial.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

«If children for some reason are allowed to live with third persons, their parents may demand them back by civil action in a court of law, but the court must take into account only the interests of the children and their education.

If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

For example, a government - backed loan in default can subject the borrower to an administrative wage garnishment (that is, a garnishment without the creditor first obtaining a court judgment) of 15 % of disposable income, and this would be in addition to any state law garnishment by another creditor (under New York law, of several creditors have judgments against a debtor, only one at a time can garnish 10 % of wages, but a government student loan can be imposed on top of a state law garnishment.A borrower can also lose tax refunds if in default on a government student loan.

By the way, if you take the more aggressive approach and happen to end up in tax court, you will not only be immortalized in the annals of Tax History, you will become a saint of sorts to those who toil in the tedious theater of tax law: every CPA in America will appreciate you settling this issue once and for all!