Sentences with phrase «civil liability in»

Article 3.1 provides: «Each Member State shall... take all appropriate measures to ensure that civil liability in respect of the use of vehicles normally based in its territory is covered by insurance.

As Lord Atkin put it when referring to the Good Samaritan situation in Donoghue v Stevenson [1932] AC 562, [1932] All ER Rep 1, «an omission which was likely to have as its reasonable and probable consequence damage to the health of the victim of thieves, but for which the priest and the Levite would have incurred no civil liability in English law».

Civil Liability in Canada for War Crimes, Genocide, Crimes Against Humanity and Torture

In their decision, a majority of judges found the act, passed in 1982, is «a complete codification of Canadian law» that grants states like Iran or Syria immunity from civil liability in Canada for acts of torture committed abroad.

We will recall that the Supreme Court of Canada in St - Lawrence Cement v. Barrette, 2008 SCC 64 analyzed and in some ways further developed this scheme of no - fault civil liability in respect of neighbourhood disturbances under Quebec civil law.

Social media use is also giving rise to criminal and civil liability in and of itself.

Thus, for there to be the equivalent of civil liability in civil law, under § 1457 of the Quebec Civil Code, there has to be:

B. Civil liability in a medical malpractice suit on behalf of the estate is not likely to garner much of a return relative to the debt.

«Overview of Civil Liability in Georgia,» Hispanic American Commission on Economic Development (HACED)(2008 - 2009).

Securities fraud, for instance, can give rise to criminal liability and to civil liability in parallel private actions.

Additional issues of the identity of the alleged data controller and whether there was any civil liability in relation to the alleged breaches (particularly under section 55 (1), which enacts criminal offences).

Generally speaking, a defense of others defense that justifies a use of force under criminal law will also not give rise to civil liability in a lawsuit for assault and battery as opposed to a criminal prosecution for it.

The only difference is that a «No Contest» plea can not be used as evidence of civil liability in a civil case arising from the same incident.

Anil K. Kapoor of The Court has an excellent piece on the recent R v. Beatty decision, expounding on the distinction between criminal and civil liability in accidents.

In cases where the law is not «clearly established» a subordinate may generally defer to his superior's interpretation of the law and the constitution without fear of civil liability in money damages to someone harmed as a result.

Getting sued is one obvious possibility, and Kaplan thinks people may need special insurance to protect them from civil liability in such scenarios.

Representing a global accounting and advisory firm against criminal charges and civil liabilities in a professional negligence case.

Not exact matches

If your mistake will likely result in legal action or criminal or civil liability, any good attorney will tell you to remain silent to protect your fifth amendment privilege against self - incrimination.

Its six lawyers will represent plaintiffs in civil rights, discrimination, public safety and product safety, consumer protection, healthcare and medical liability cases, the firm said in a statement.

Hotels» liability can depend on whether they're sufficiently aggressive in responding to allegations from employees and on the policies they have in place to prevent harassment in the first place, said civil rights attorney Debra Katz, a partner at Katz, Marshall & Banks who represents employees in harassment cases.

«State attorneys general told five of the nation's largest banks on Tuesday they face a potential liability of at least $ 17 billion in civil lawsuits if a settlement isn't reached to address improper foreclosure practices» a «figure [that] doesn't cover additional billions of dollars in potential claims from federal agencies,» the Wall Street Journal reported on Wednesday.

Advisers who presently are fiduciaries may be especially likely to fully satisfy the PTEs» Impartial Conduct Standards before January 1, 2018, in the ERISA - plan context, because advisers who make recommendations to plans and plan participants regarding plan assets, including recommendations on rollovers or distributions of plan assets, are already subject to standards of prudence and loyalty under ERISA and a violation of the Impartial Conduct Standards would be subject to claims for civil liability under ERISA.

He is a Certified Specialist both in Taxation Law and in Estate Planning, Trust & Probate Law (The State Bar of California, Board of Legal Specialization) admitted to practice law in California, Hawai'i and Arizona (inactive), specializing in Federal and state civil tax and criminal tax controversy matters and tax litigation, including tax - related examinations and investigations for individuals, business enterprises, partnerships, limited liability companies, and corporations.

The deterrent effect of the available monetary sanctions under agent liability probably exceeds the deterrent effect of enterprise liability because a civil judgment against an agent hurts his reputation more than does a sanction imposed by the firm in private.

In February 2014, JPMC agreed to pay $ 614,000,000 to settle charges asserted by the United States Attorney's Officer for the Southern District of New York, the Federal Housing Administration, the United States Department of Housing and Urban Development, and the United States Department of Veteran Affairs resolving False Claims Act, FIRREA and other civil and administrative liability for FHA and VA insurance claims that have been paid to JP Morgan Chase since 2002 through the date of settlement.

The NRB report does not ignore the reckless and self - serving ways in which bishops escaped criminal liability by pleading guilty on behalf of their dioceses and handing important aspects of church governance over to civil authorities.

It provides risk services in the areas of commercial property, civil liability, business continuity, bonds and employee benefits.

Without limiting the generality of any terms or conditions set forth herein, in using the Site, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

The government recently announced a revised Civil Liability Bill which is in the early stages of going through Parliament, and it is anticipated that the small claims limit will be increased at the same time that the Bill comes into force.

The statute also provides immunity from civil liability for a health care provider who is a volunteer and provides clearance to participate, except in cases of gross negligence or wanton or willful neglect.

The statute provides immunity from liability of civil damages resulting from an act or omission in the rendering of an evaluation for a licensed health care provider acting as a volunteer who in good faith authorizes a student athlete to return to play.

It also provides for immunity from civil liability for the use of an automated external defibrillator unless the person was grossly negligent in the use.

The statute provides immunity from liability for civil damages resulting from any act of omission to a volunteer who authorizes a youth athlete to return to play, except in circumstances of gross negligence or willful or wanton misconduct.

The private school the student attends, the public school at which the student participates in a sport, the district school board, and the FHSAA are exempt from civil liability arising from any injury that occurs to the student during such transportation.

These caveats are important, says Alex Stein, an expert in civil liability law and medical evidence at Brooklyn Law School in New York.

From a military perspective, if you are on the loosing side in an ideological / civil / religious war, weapons which cause long term wounding are in some sense more effective then killing weapons simply because they cause the winning side a continuing liability.

In addition to any possible illegal activities in the US, News Corporation and / or its executives might also face civil and criminal liability under the Foreign Corrupt Practices AcIn addition to any possible illegal activities in the US, News Corporation and / or its executives might also face civil and criminal liability under the Foreign Corrupt Practices Acin the US, News Corporation and / or its executives might also face civil and criminal liability under the Foreign Corrupt Practices Act.

Macdonald said: «I don't think an apology couched in these terms would lead to any civil liability at all.

Additional safeguards include requiring multiple witnesses attesting the patient is acting on their own and at least two doctors in overseeing the process as well, who would be protected against both civil and criminal liability, along with any professional penalties for participating.

«This law not only prevents localities from enacting any kind of firearm measure but also subjects a violating locality or local official to a civil fine — a provision that we believe is unconstitutional given that legislators are immune from civil liability for legislative activities,» the lawmakers wrote in a letter sent to House Speaker Richard Corcoran and Senate President Joe Negron.

In addition to increasing the statute of limitations, the CVA would also remove special protections for public institutions that have acted as a shield against liability and create a one - year look - back window to allow survivors over the age of 23 to seek retrospective civil relief.

There are significant civil and criminal liabilities in the event of non-compliance.

But State Senator Liz Krueger, a Manhattan Democrat who has co-sponsored the same - sex marriage bill in past years, said civil liability for violating discrimination laws was already a fact of life.

Violations of system or network security may result in civil or criminal liability.

We shall have no Liability to You for any delay in performance of this Service and / or any other matters to the extent that such events and / or matters are due to any events outside Our reasonable control including but not limited to acts of flood, fire, war, labour disputes, strikes, any kind of god, lock - outs, riots, civil commotion, hijacked airplanes, malicious damage, explosion, aliens from outer space, governmental actions and any other similar events.

Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

Topics to be discussed include: Court Procedure: An understanding of the civil litigation process in New Jersey as it pertains to negligence claims; Damages: Understanding the standards for, and the differences between Compensatory and Punitive Damages; Facility Maintenance: Identifying potential safety hazards related to facilities and grounds, and taking reasonable steps to address common problems; Indemnification: Identifying when the school district is responsible for the actions of its employees, and when it may disclaim coverage; Insurance Coverage Issues: Understanding what is, and is not covered under a school district's insurance policy, and understanding whether your district will be allowed to choose its attorney or be required to utilize the attorney assigned by the Insurance Company; Negligent Supervision: Examples of school district negligence liability lie within the school, on the athletic field, in the locker room, and on school trips; Sovereign Immunity: Understanding the effect of the New Jersey Torts Claims Act on negligence claims against school districts.

The private school the student attends, the public school at which the student participates in a sport, the district school board, and the FHSAA are exempt from civil liability arising from any injury that occurs to the student during such transportation.

He represents clients in litigation and non-litigation matters regarding construction defects, insurance coverage, personal injury, property damages, business litigation and general civil litigation matters and professional liability cases.