Sentences with phrase «cases under the rule of law»

Every day, Canadian courts and tribunals help resolve thousands of cases under the rule of law in a civilized, fair, impartial and independent manner.

Not exact matches

In the case of Apache Corporation, the company recorded a provisional net deferred tax benefit of $ 822 million to reverse a previously recorded deferred tax liability for unrepatriated earnings and to account for the transition rule under the new law.

Moreover, cases often turn on minute details, which makes the law unpredictable; critics refer to a «three plastic reindeer rule,» under which the presence of a sufficient number of secular decorations in close proximity to a crèche render it constitutional.

The Sultan Ibrahim Dasuki Progressive Association (SIDPA), for and on behalf of the entire members of Sultan Dasuki family, wish to request the Federal Government, under the leadership of Muhammadu Buhari, to respect the rule of law in the case of our son, brother and cousin and the former National Security Adviser (NSA), Col. Sambo Dasuki (rtd) to release him from detention

Then there is the fact that in the first case to go to the Supreme Court under the special education law, Hendrick Hudson District Board of Education v. Rowley (1982), the Court ruled that the way to ensure students» receiving an «appropriate» education was to follow proper procedures.

This practice has long been considered legal under both case law and more than 25 years of guidance and rulings from the federal Office for Civil Rights.

«(a) CONSIDERATION OF ALTERNATIVE DISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioOF ALTERNATIVE DISPUTE RESOLUTION IN APPROPRIATE CASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigaCASES - Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioof law to the contrary and except as provided in subsections (b) and (c), each district court shall, by local rule adopted under section 2071 (a), require that litigants in all civil cases consider the use of an alternative dispute resolution process at an appropriate stage in the litigacases consider the use of an alternative dispute resolution process at an appropriate stage in the litigatioof an alternative dispute resolution process at an appropriate stage in the litigation.

This perspective was recently given legal validation with the judgment in the case of Re-Digi vs. Capitol Records, where the judge ruled against the idea that digital products qualified for First Sale protection under the law and reinforced the perspective of the Digital Millennium Copyright Act that digital products constitute a completely different category of products from hard copy products.

[FN120] Under the second type of challenge, the FWCC might take steps to begin rulemaking to adopt the policy as a rule, in which case the challenging citizen or group could then challenge the proposed rule as an invalid exercise of delegated legislative authority which modifies or contravenes the specific provisions of law implemented.

The Iron Law states that in all cases, the second type of person will always gain control of the organization, and will always write the rules under which the organization functions.

Continuing their analysis of how a litigator's life has changed since the new rules of civil procedure were introduced, Tracey Stretton, Mark Surguy & Damian Murphy examine case law under the new regime

In a first case, C - 431 / 11 UK v Council, the CJEU dealt with the choice of legal basis for a measure implementing an European Economic Area (EEA) Agreement as regards social security systems and ruled that it was precisely one of the measures by which the law governing the EU internal market is to be extended as far as possible to the EEA, with the result that nationals of the EEA States concerned benefit from the free movement of persons under the same social conditions as EU citizens.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

In a nutshell, the controversy concerned the Commission's position that there is (illegal) State aid where the legal form and status of EICCs shield them from general rules on bankruptcy and winding up under the relevant national legislation (in the case, French law).

The Federal Circuit, to which Apple appealed certain parts of the ruling earlier this month, is the circuit for all cases arising under U.S. patent law, while contract cases brought in the Western District of Wisconsin would usually be appealed to the Seventh Circuit.

This ruling has substantially limited the use of the ATS in transnational cases, but does not deter cases brought under state common law.

As NSU explains, «This course provides hands - on experience for students on a number of key operational aspects of the practice of law, including the business foundation of successful law firm management; security and confidentiality of client information; marketing, public relations, advertising and social media; duties of technological competence under ABA «Ethics 20/20» amendments to the Model Rules of Professional Responsibility; predictive coding and other eDiscovery issues; client intake and case management; and issues related to the scope and composition of representation, including the unauthorized practice of law and unbundled legal services.»

This version is the distillation of the authoritative 11 - volume treatise, Securities Regulation, in one convenient volume, offering expert analysis of every significant aspect of securities law, including: Primary liability under 10 (b); Insider trading; Sanctions; Disclosure requirements; Rules and forms for offerings; SEC reporting; Forward - looking statements; Class action suits; Bespeaks caution cases; ADR in securities disputes.

Next to that, it pointed out that it is settled case law that «new rule applies immediately to the future effects of a situation which arose under the old rule».

You'd want to consider that the Supreme Court of the Netherlands ruled (see here and here)-- after the Akzos case — that legal privilege does in fact generally exist for in - house counsel under Dutch law.

(1) Regarding the formation and effect of a contract (excluding labor contracts; hereinafter referred to in this Article as «consumer contract») between a consumer (i.e., an individual, excluding those cases where the party acts as a business or for a business) and a business operator (i.e., a juridical person or other corporate association, or an individual in those cases where the party is acting as a business or for a business), even where by choice under Article 7 or variation under Article 9, the applicable law would be a law other than that of the consumer's habitual residence, when the consumer indicates to the business operator his or her intention that a particular mandatory rule from within the law of the consumer's habitual residence should apply, this mandatory rule shall also apply to the matters covered by the rule concerning the consumer contract's formation and effect.

Whether you have been in a vehicle accident and looking for an experieced skilled Buckhead personal injury lawyer to go over you or your loved ones legal rights or perhaps commitments, suffered a serious injury or maybe wrongful death of a cherished one because of the carelessness or perhaps inaction of another, and / or looking for a good Buckhead car accident lawyer for trial representation, the Buckhead personal injury lawyers and also wrongful death attorneys here at Zeribe Law Offices will certainly handle your case dliligently to recover 100 percent of the compensation accessible under Georgia rules.

Unfair Vancouver separation agreement cases permit the court options to set aside or vary the Vancouver separation agreement for noncompliance with rules of fairness and principles under our Family Law Act and divorce legislation.

101 Incidents of ethical violations resulting in professional discipline and even criminal prosecution are on the rise.102 Faced with declining profit margins, firms have been accused of «overworking files» and overstaffing projects in an effort to increase billable hours.103 And they have bent the rules governing conflicts of interest.104 One survey indicated that one - third of the 30,000 clients interviewed felt dissatisfied with the representation they received from their attorneys, citing primarily a failure to communicate and inadequate attention given to their cases, suggesting that law firms are under pressure to increase their case loads without hiring new associates to staff them.105 The recent decline in professionalism is even further evidenced by a decline in pro bono commitment.106 Thus, new graduates face even heavier workloads, increased pressure to meet high billable requirements, and fewer pro bono opportunities.

The Judge noted that while he has jurisdiction to strike out a party's pleadings under Rule 14 (23) of the Family Law Rules, this would be inappropriate in the unusual circumstances of this case (since the matter would be going to trial).

The rules relating to conflicts of interest and bias under the national arbitration laws of England, France, Switzerland and the US is set out in the third section of the book, again illustrated with numerous key cases decided in those jurisdictions by the national courts.

See Domenic's article for a summary of the requirements under the Ontario rules and case law.

In this groundbreaking case, the Michigan Court of Appeals ruled that the trial court correctly dismissed a legal malpractice suit against the attorney and his law firm because the underlying product liability claim plaintiffs» asserted should have been pursued was statutorily preempted under the federal Medical Device Act («MDA»).

A judge of the House of Lords wrote, a bit more than a decade ago, that in the case the judges were deciding the were involved in «a practical attempt, under adverse conditions, to preserve the general perception of the law as system of rules which is fair» (White v. Chief Constable of South Yorkshire Police [1998] UKHL 45, [1999] 2 A.C. 455 at 511.)

Sometimes government officials enforce laws that have been held unconstitutional, either because they aren't aware of the relevant court decisions, or because they think that their facts are distinguishable from those under which the law was held unconstitutional (which sometimes happens on an «as applied» basis rather than on a «facial» basis that applies to all cases), or because they think the judge before them might rule differently despite the precedent.

The scheme established under FSMA 2000 was compatible with the requirements of the rule of law as set out in that case.

She drafted Opinions, «Rule 36» indications under the Commission's Rules of Procedures and prepared Observations in response to UK Government's Observations; and conducted a joint seminar, which related to case studies on international human rights law to legal practitioners and non-governmental organisations.

Accordingly, the lawyer is not obliged (except as required by law or under these rules and subject to the duties of a prosecutor set out below) to assist an adversary or advance matters harmful to the client's case.»

Seventh Circuit Rule 52 allows the U.S. Court of Appeals for the Seventh Circuit, when faced with «questions arising under the laws of [a] state which will control the outcome of a case pending in the federal court» to «certify such a question to the state court in accordance with the rules of that court» and to «stay the case... to await the state court's decision.»

A. 20 In effect, this means that whilst decisions of the DSB create an obligation on the part of the losing party to comply with WTO rules, enforcement can be achieved by various means — including amicable settlement, compensation, or the suspension of trade concessions.101 Indeed, it was for this reason that the CJEU found in the case of Portugal v Council that a DSB decision did not oblige the losing party to achieve full implementation of its recommendations, where the possibility of temporary compensation or retaliatory measures remained available.102 In other words, the outcome was prescribed, but not the means.103 This contrasts with the position under EU law, where there is a right to an effective remedy from a judicial body.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

The process for splitting the case involves a motion for summary judgment under s. 16 of the Family Law Rules and there are additional requirements which must be met.

The Supreme Court of Canada ruled that the province's law is protected under section 15 (2) of the Charter, which outlines cases where affirmative action programs may be applied to disadvantaged people in Canada.

Applying German rules on the scope of liability to this fatal accident claim requires mitigation to be taken into account which would not be the case under English law.

(a) any court or tribunal of that State against whose decisions there is no judicial remedy under national law may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment; or

Andrey acted as an advocate in numerous complex cross-border cases before Russian courts of all levels and arbitral tribunals acting under the ICC, SCC, LCIA, SIAC and ICAC Rules, governed by English, Swiss, French, German, Dutch, Russian and Cypriot law.

We remember how, shortly after the atrocious decision in Johnson & Johnson v. Karl, 647 S.E. 2d 899 (W. Va. 2007), rejecting altogether the learned intermediary rule, litigation tourists visiting West Virginia argued that Karl represented that state's «public policy» and therefore the learned intermediary rule could not apply even to their out - of - state cases under the «public policy» exception to the ordinary rules for sorting out choice of law issues.

UETA allows a government to set rules about transactions that it will not conduct electronically: the court held that this language referred to detailed rule - making processes under the usual administrative law principles, and the state had not gone through those processes to bar the use of signatures such as those in this case.

However, choosing between Rule 9 - 3 «special case», Rule 9 - 4 «proceedings on a point of law», Rule 9 - 5 «striking pleadings» or the summary judgment or summary trial process under Rules 9 - 6 and 9 - 7 respectively must be approached with care.

Privileges were, under the final enactment, left to the common law or to state law, depending on the kind of case; and a compromise was reached cutting back on liberalization of the hearsay rule.

All cases relating to dismissal on grounds of retirement arising under reg 30 of the Employment (Equality) Age Regulations 2006 (SI 2006/1031) are being stayed until the European Court of Justice (ECJ) rules on the legality of UK retirement law, the president of the Tribunals Service has announced.

Auld LJ referred to Lord Phillips in East Berkshire, who said that UK courts must under HRA 1998, s 2 (1) have regard to Convention case law, if relevant to proceedings under HRA 1998, and asked, «can there, in these circumstances, be any justification for preserving a rule that no duty of care is owed in negligence because it is not fair, just and reasonable to impose such a duty?»

Her ladyship referred to the case of Axa General Insurance Ltd v Gottlieb and Gottlieb [2005] EWCA Civ 112, [2005] 1 All ER (Comm) 445 and acknowledged that there was a well established common law rule that if a genuine claim made under an insurance contract is dishonestly exaggerated, the whole claim will be dismissed; further, if money has already been paid pursuant to a claim under such a contract before the fraud is discovered, all the sums paid under that claim will be recoverable by the insurer, including any sum referable to the genuine part of the claim.

In the case of the competition authority, since it does not under EU law have the power to adopt a decision concluding that there is no infringement of EU law, it can not cause companies to entertain a legitimate expectation that their conduct does not infringe competition rules.

Among the badges of fraud identified by the trial judge in this case were: (1) the transactions between Mr. Purcaru and Ms. Seliverstova were not at arm's length, (2) the transactions were not only secretive but they were in violation of Mr. Purcaru's disclosure obligations under the Family Law Rules, and (3) the transactions were made without consideration.