Sentences with phrase «case law in question»

Not exact matches

The raid suggests Mueller may have documents that call into question the credibility of Trump and Cohen, even if the materials have nothing to do with Russian meddling, said Jeffrey Cohen, a New York family law attorney who's not involved in the case and isn't related to Michael Cohen.

«There are going to be tough questions on both sides, questions the Supreme Court has not directly answered before in cases, that this court may not hesitate to stay clear of,» says Adam Winkler, a professor of constitutional law at University of California, Los Angeles.

The case raises an array of labour relations and employment law questions that will surely be answered in the weeks and months ahead as more information comes to light.

As law professor Stan Abrams points out, one of the key factors differentiating the Apple and Samsung cases is that Samsung owns or controls many of the factories in question.

(In the case of the motivations behind the Indiana law, the incivility in question has in fact been highly organizeIn the case of the motivations behind the Indiana law, the incivility in question has in fact been highly organizein question has in fact been highly organizein fact been highly organized.

7th US Circuit Court of Appeals nominee Amy Coney Barrett, a Notre Dame law professor, was questioned intensely about her Catholic faith as a result of past writings expressing her beliefs on whether Catholic judges should recuse themselves from death - penalty cases if they believed they would be unable to impartially uphold the law, writing that — in limited situations — judges should step back in cases that conflict with their personal conscience.

Several experts in campaign finance law, who already had raised questions about the payment, said the case that the payment violated federal law had only grown stronger.

Because the birth control cases all focus on a 1993 federal law, the Religious Freedom Restoration Act, not the Constitution, the Justices will face questions about whether the mandate to provide free access to 20 forms of birth control drugs or devices, sterilization, screenings, and counseling imposes a «substantial burden» on religious freedom of nonprofit employers with religious objections to some or all contraceptives, whether the mandate in fact serves a «compelling interest» of the government, and whether an attempt to provide an exemption from the mandate satisfies the requirement that such an accommodation is «the least restrictive means» of achieving the government's policy interest.

In the back - and - forth of the case, the question at the heart of the matter is this: Can the government put companies in the position of having to choose between following their faith and following the laIn the back - and - forth of the case, the question at the heart of the matter is this: Can the government put companies in the position of having to choose between following their faith and following the lain the position of having to choose between following their faith and following the law?

«We have a law against discrimination and in these cases it is question of particularly insulting treatment.»

In the case of the descriptive laws, there is no question of «obedience» in the usual sensIn the case of the descriptive laws, there is no question of «obedience» in the usual sensin the usual sense.

Oklahoma voters are considering an unusual question that will appear on their ballots this Tuesday: whether Islamic law can be used in considering cases in state court.

Going by the law of probability, the question then is: Why has it not happened in our own case for the last 10 years?

An experienced family law attorney can not only answer questions about child custody in your case, but can also be your strongest advocate, both with opposing counsel and the court.

The key shift was in the 1970s, when the Court veered away from strict interpretation of the original meaning of the Convention and adopted instead a policy of interpreting the Convention creatively and, through case law, extending its scope way beyond traditional ideas of political freedom into questions of economic and social policy.

Unlike a question of domestic law, it does not follow that the same conclusion will be reached in every case with analogous facts.

Like any case where someone is asked to consider international law, you begin with an analysis of the particular players in the conflict and the history of the dispute, because these questions don't have answers in the abstract.

And though it's been viewed many fewer times than Yes We Can, in this case it was particularly well targeted, since the voter in question is my sister - in - law, a Linux expert at IBM in Austin.

How many confirmed cases have there been in the United States of intentional in - person voter fraud which could have been prevented if the state in question had passed voter ID laws?

This means that they are only subject to personal liability for money damages in cases where the meaning of the law with respect to the situation in question is «clearly established» which usually means that it involves a legal issue that has been resolved in a binding case law precedent.

The suit could serve as a test case for her year - old unit, which has faced questions about its independence from Cuomo, and its ability to be an effective watchdog over what in the past has been a sparsely enforced election laws.

During oral arguments, several justices questioned whether the federal anti-corruption law — also used in the Skelos case — was too vague and being interpreted too broadly.

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

In some cases, agencies have made rulings that even contradict the written law, creating interesting legal questions and damaging to some degree the public trust.

Schneiderman's directive instructs the district attorneys to investigate when an unarmed civilian dies at the hands of law enforcement or when there's a «significant question raised» as to whether that was the case, as each D.A. determines is «appropriate under the circumstances until such time as you are directed otherwise in writing by the Special Prosecutor.»

A black law enforcement group is going after potential AG candidate Kathleen Rice, raising questions about two cases she worked on in which the group alleges she was racially insensitive.

A little more than three months ago the defendant in question was a Democrat, Shelly Silver, accused of taking bribes and kickbacks of $ 4 million, some of the money being listed as «referral fees» for steering asbestos cases and real - estate developers to Silver - connected law firms.

But the group was wary of movement taking place on the issue without a new law being passed, branding changes to prosecution guidance «retrospective» to the case in question.

«The attorney general will be a standing prosecutor in any case where a law enforcement officer kills an unarmed civilian or kills a civilian and there is a question as to whether or not the civilian is armed and dangerous,» Cuomo said.

The particulars of the McKenna case raise two questions: whether, as the councilman suggests, flaws in the ethics law undermine the rights of the accused and should be corrected; and whether the Ethics Board has been overzealous in its pursuit of secrecy.

«The question in these difficult cases is not whether a local prosecutor, including one with understandably close ties to his or her fellow local law enforcement officers, is capable of setting aside any personal biases in deciding whether to, or how vigorously, to pursue the case,» Schneiderman wrote, adding, «the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a trial by jury.»

A federal investigation into corruption in Suffolk County, N.Y., law enforcement has expanded, as the Justice Department examines at least a half - dozen cases to determine whether political considerations influenced decisions made by the Suffolk district attorney's office, according to two people in law enforcement and three who have been questioned by the Justice Department.

That spin is now being questioned due to a section of the government's case against Silver that says prior to the Rent Act of 2011's passage, Silver met with the phantom «Developer 1» (believed to be Glenwood Management's Leonard Litwin) and ultimately incorporated many of the developer's suggested changes in the law's language.

In a case that explores questions of academic integrity and the intricacies of copyright law, biotech entrepreneur Andrew Mallon is suing Brown University professor John Marshall, Mallon's former postdoc adviser, for an alleged breach of copyright.

The questions were really probing around the salient issues,» said John Suttles, a lawyer for the Southern Environmental Law Center who represented the American Lung Association as an environmental intervener in the case.

With increasing numbers of younger teachers entering the profession and in the absence of any case law, the question «Who is going to drive the school minibus in the future?»

I was 19 then, largely ignorant of the law and without appreciation for the importance of the constitutional questions raised in my case.

Moreover, lower court cases and state laws rarely address the questions raised in this booklet.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

So, to get back to the question from yesterday's post of why should the Department of Justice spend money on this investigation, they should do it in order to enforce the antitrust laws because consumers, authors and shareholders in the companies involved are being damaged by the price fixing, assuming the DoJ can prove its case.

The company representatives cooperated fully with the authorities, in accordance with the law, answered their questions and shared documents and other company materials related to the case.

Watchdog agency steps in Until recently, the question of whether credit bureaus are investigating consumers» disputes as thoroughly as the law requires has largely been left up to juries to decide on a case - by - case - basis.

(e) The Treasurer shall collect and receive all monies due or belonging to the Club; monies shall be deposited in a bank approved by the Board, in the name of the Club; the books shall at all times be open to inspection of the Board; at the annual meeting, there shall be a written and verbal account of all monies received and expended during the previous fiscal year including every item of receipt or payment not before reported; condition of the Club's finances shall be published quarterly in the newsletter; more frequent reports may be made to members of the Board by mail or other approved method of communication; send dues notices; maintain membership list; update Corresponding Secretary annually of members in good standing; the Board of Directors shall appoint a committee of three members (excluding the Treasurer) to audit the books annually, with the Treasurer available to answer questions; in case of resignation of the Treasurer during the year the books will be audited in the same manner; the Treasurer shall be bonded in such amount as the Board of Directors shall determine; and carry out such other duties as are prescribed in these by - laws.

The law in this case would allow for the person in question to have to pay the full cost of the SWAT team's call - out, plus up to a year in jail.

The observer in question may be simultaneously the artist and the viewer, and the observations may concern the world, the society or the self — but in each case, these artists subvert the laws of objectivity versus subjectivity, conceptualism versus realism, the verbal versus the visual.

Back in 2013, I put this question to Jonathan Adler, a law professor at Case Western University.

Scientific questions are questions of facts and judges are supposed to restrict their rulings to issues of law, except in those relatively few cases where the parties have asked the court to determine questions of fact.

But the ice core - ellation in question is more - or-less completely explainable in terms of the temperature dependence of the constant in Henry's Law, which dictates how gas (in this case CO2) diffuses in liquids (in this case the oceans) at different partial pressures in the atmosphere.

However, even for slander per se, there is the question of whether Spencer and Christy are «public figures,» in which case they would have to show «actual malice» to actually prevail in a defamation law suit, meaning the comment was false, and Trenberth et al. knew or had reason to know it was false.

129 Furthermore, the fact that, in the context of applying European Union environmental legislation, certain matters contributing to the pollution of the air, sea or land territory of the Member States originate in an event which occurs partly outside that territory is not such as to call into question, in the light of the principles of customary international law capable of being relied upon in the main proceedings, the full applicability of European Union law in that territory (see to this effect, with regard to the application of competition law, Ahlström Osakeyhtiö and Others v Commission, paragraphs 15 to 18, and, with regard to hydrocarbons accidentally spilled beyond a Member State's territorial sea, Case C ‑ 188 / 07 Commune de Mesquer [2008] ECR I ‑ 4501, paragraphs 60 to 62).