Sentences with phrase «clear established law»

Not exact matches

As the Catechism of the Catholic Church makes clear: «The natural law, present in the heart of each man and established by reason, is universal in its precepts and its authority extends to all men» (1956).

As he makes clear, for the most part those dealings were ham «fisted, especially when it came to Washington's efforts to establish abortion as a «human right» in international law.

«If you curtail the power of an elected official via a local law you have to put it to a mandatory referendum and this would be a clear case where the underlying authority to establish fees is vested in the town board,» Sabatino said.

The law will require the Transportation Department to establish clear guidelines and make them available online.

Current law does not clearly offer clear authority for the city to establish mentorship programs and arrange opportunities for participants in those programs.

You aren't very clear about your definition of «social policing», but you might also like to include police activities that are not technically about law enforcement - school visits by police officers, and other activities aimed at establishing good relations between police and the public.

But merging a city and county poses extra challenges, because the state laws that established cities and counties do not provide a clear path to combine them.

«It's [the opinion of my husband, attorney William Moore, and I] that when the Town Board adopted this law they chose to adopt it as a zoning regulation and it's pretty clear in zoning law of the State of New York... that any use that has been established prior to the law being adopted is grandfathered,» she said.

Even in professions with clear knowledge - or performance - based benchmarks for certification, as in law or medicine, licensure is useful primarily as a way of establishing minimal competence.

This would include, among other things, changing states» charter laws to allow the participation of private schools, developing a student - based funding formula for education, and establishing clear rules for ensuring that new Catholic (and other private) charter schools are able to maintain sufficient autonomy while being held accountable for results.

Since it became clear that Amazon was coming to Brazil, the discussion to establish a fixed - price law in Brazil has become more engaged and the advocates for such legislation have gotten serious traction.

There is little recent guidance on this issue and it isn't clear that this rule should apply to accounts established under the more modern version of the custodial account law, because UTMA contains language designed to prevent parents from being taxed on custodial account income when the account is used for purposes that fall within the parent's support obligation.

In summary, a strong case can be made that the US emissions reduction commitment for 2025 of 26 % to 28 % clearly fails to pass minimum ethical scrutiny when one considers: (a) the 2007 IPCC report on which the US likely relied upon to establish a 80 % reduction target by 2050 also called for 25 % to 40 % reduction by developed countries by 2020, and (b) although reasonable people may disagree with what «equity» means under the UNFCCC, the US commitments can't be reconciled with any reasonable interpretation of what «equity» requires, (c) the United States has expressly acknowledged that its commitments are based upon what can be achieved under existing US law not on what is required of it as a mater of justice, (d) it is clear that more ambitious US commitments have been blocked by arguments that alleged unacceptable costs to the US economy, arguments which have ignored US responsibilities to those most vulnerable to climate change, and (e) it is virtually certain that the US commitments can not be construed to be a fair allocation of the remaining carbon budget that is available for the entire world to limit warming to 2 °C.

If you wish to assert that removing heat from the bottom of the gas column and adding it to the top leads to a gas that is no longer in isoentropic equilibrium and that the gas will move the heat back to the bottom to restore it, then you have established a clear violation of the second law.

These provisions of international law have been agreed to by all almost all nations and establish clear national responsibilities to not harm others beyond their jurisdiction, to pay for the damages to those beyond their borders who are harmed by domestic ghg emissions, and to not use scientific uncertainty as an excuse for failing to take protective action.

Based on our years of experience working with hundreds of corporate law departments to establish effective processes for matter management, budgeting and analytics, it's clear that those willing to invest the time, energy and oversight required to succeed consider the effort worthwhile.

By starting off every billing period with a legal assessment that provides the company with a clear understanding of its upcoming legal needs for the next few months, The Food Law Firm is able to establish long - term working relationships with its clients.

Notwithstanding the fact that the employee likely did not have the «right» to take the time off to care for his children under the Ontario Employment Standards Act, 2000, the law is clear that: (a) the ESA establishes certain minimum standards only, and (b) the Human Rights Code does, very clearly, contemplate one's «family status» as a protected ground.

The Strom Law Firm, LLC has the financial means and the access to top environmental, chemical, and hazardous waste experts to pursue toxic tort cases vigorously, and our toxic tort lawyers have established a clear track record of successful results.

As reported by the New York Law Journal, U.S. Attorney Preet Bharara stated that it was particularly disturbing to him that «a law firm and a partner in the firm would so flagrantly violate such a clear and well - established law, as was alleged in this case.&raqLaw Journal, U.S. Attorney Preet Bharara stated that it was particularly disturbing to him that «a law firm and a partner in the firm would so flagrantly violate such a clear and well - established law, as was alleged in this case.&raqlaw firm and a partner in the firm would so flagrantly violate such a clear and well - established law, as was alleged in this case.&raqlaw, as was alleged in this case.»

It also makes clear that the criteria established in preceding case - law are mere guidelines which interrelate and have to be discussed against the background of the respective facts of each individual case.

So, ignoring the every day English language meaning of the words, is there in fact a clear and precise definition of «assault» (in which case some sources are simply using it incorrectly), or do I just need to accept that there is confusion, even within the law itself, and rely on context to establish in any given instance which meaning is meant?

• Failing to establish clear law office policies and procedures regarding what the lawyer will do and what the law clerk will do in a real estate transaction.

While a clear violation of such laws may establish the defendant's guilt in criminal court, they do not necessarily establish his or her liability for civil damages.

The first model establishes a clear law firm brand, with a design that complements or is integrated into the law firm's Web site and a description of firm lawyers in the «about section.»

Highlights: DO - monitor content regularly - train employees on how to comply with relevant corporate blogging policies and laws - establish clear objectives for the blog (s) DO N'T - allow employees to post corporate trade secrets or patentable information

Written policies that clearly establish guidelines and requirements governing the acceptable use of firm technology can help reduce cyber exposures and give staff clear direction on what they are permitted and not permitted to do with law firm technology resources.

The paper identifies a clear correlation between the internationally accepted 7 Laws of Identity, developed by Microsoft's Kim Cameron, and how each «law» can be directly linked to well - established privacy principles.

Rather than making recommendations, the report proposes a model of dispute resolution based on the organization being very clear on eight key principles case law has already established:

We want the law to be clear and established, so that people can look through it and find out what the law is for them.

The Strom Law Firm, L.L.C. has the financial means and the access to top environmental, chemical, and hazardous waste experts to pursue toxic tort cases vigorously, and our toxic tort lawyers have established a clear track record of successful results.

Having a law blog that establishes a niche area that you are expert in, and can explain in clear prose, will help reporters find you.

Accordingly, applying the principles of statutory interpretation, it is assume that Parliament did not intend to overrule the well - established rules of the common law when passing the Mental Capacity Act, in the absence of clear words or at least necessary implication.

The law in this area is far from clear and there tends to be an element of something going beyond mere non-payment, such as effort to hide assets such as in Parent, however, the law does seem to have evolved to provide that a court may direct payment of funds — in contrast to simply directing a judgment — and if the creditor can establish the debtor was aware of the order, had the ability to comply and refused, it would appear that Rule 10.52 (3) will not prevent a Court from jailing the party in default.

The claimants submitted, inter alia, that the orders: (i) had been made without any prior consultation as to the principle, relying upon the common law duty to act fairly and / or the doctrine of procedural legitimate expectation; and (ii) were irrational on the basis that the reasons which had been put forward by the defendants in justification of the decision were inconsistent and contradictoryDyson LJ: The fact that, when conferring on the lord chancellor the power to prescribe court fees, parliament had decided whom he should consult before doing so, militated strongly against the idea that there should co-exist a common law duty to consult more widely (in the absence of a clear promise by the lord chancellor that there would be wider consultation and in the absence of any clear established practice of wider consultation).

Indeed, I think Alice Wooley made this point some years ago here, that the better process would have been for the Law societies to establish clear guidelines for law schools, then apply thLaw societies to establish clear guidelines for law schools, then apply thlaw schools, then apply them.

With a clear focus on inheritance law, estate planning, foundation law and commercial aspects, JSP Jakob Studen Partner has quickly established itself as a leading legal brand in complex cross-border cases and legal wealth advisory in Switzerland.

[15] Yet, the combination of a clear and established culture of musical borrowing, together with the special characteristics of musical expression (the importance of genres, performance techniques, and aural perception in particular), magnifies the mismatch between creative practice and the structures (and strictures) of copyright law.

It is not clear if she filed the paternity action, or if you filed an action under your local jurisdiction's law to establish visitation.

The law establishes clear criteria on the tourism criteria that must be met before a municipality may pass an exempting by - law under subsection 4 (1) of the Retail Business Holidays Act.

The rules that I established for myself were clear; after all, I am a «Rule of Law» guy who favours transparency.

Among other reasons, the panel notes that any other interpretation could create a «venue gap, where at least some alien defendants would be entirely exempt from patent infringement actions... [and] this court — without clear guidance from Congress — will not broadly upend the well - established rule that suits against alien defendants are outside the operation of the federal venue laws.»

Sales, Marketing and Business Development — Duties & Responsibilities Lead through example with consistent work ethic and professionalism, while aiding and performing sales and marketing presentations, overseeing business development functions, and both managing and leveraging key business relationships Perform needs - based analyses and situational assessments for clients to position most appropriate products and services, generating increased revenue through improved close ratios Collaborate in all phases of strategic planning with senior - level management and customers, including cost budgeting, pricing strategies, vendor negotiations, revenue projections and industry competition Provide continuous assessment of key markets and potential clients, while furnishing oversight and guidance regarding effective business acquisition strategies, prospecting techniques, client service, pricing, and market trends Identify and utilize talent among team members with focused product and service training along with the promotion of a performance - based entrepreneurial environment that leverages individual talents for group benefit Utilize support staff to aid in effective sales, marketing, and client service operations, delegating important tasks and assignments while providing timely follow - up to ensure task completion Address key customer and vendor queries while resolving them in an expedited manner, promoting sustained revenue growth through client retention and the leveraging of cross-sales opportunities Create, implement and achieve marketing and sales strategies and promotional programs, while tracking progress versus established internal and external industry benchmarks with a focus on revenue generation, cost control, networking, and staff success Develop and maintain a strong working knowledge of respective products / services and related marketplaces, including pricing and regulatory trends, customer demands, competitor strategies and industry developments Collaborate effectively with all relevant parties, conveying information in a clear and concise manner while listening effectively to critical input, critiques, suggestions and guidance as well as adhering to all related laws, policies, procedures and guidelines Act as a liaison between clients, vendors, sales and support staff, and executive management

In his dissent, Justice Kirby considered the interpretation of the LAA through examining legal authority, legal principles and legal policy which «demand respect for the legal rights to property of private individuals in Australia generally, and in particular the legal rights of Aboriginal Australians...» [68] He focused on the general principle of common law which requires that legislation depriving individuals of established legal rights must be clear and unambiguous: [69]

In order to overcome the 50/50 presumption that the new laws would establish, a parent would have to prove by clear and convincing evidence that if the other parent had 50 % parenting time that would seriously endanger a child's physical, mental, moral or emotional health.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

To be clear, TREB or RECO have no say, in this matter, as they can not override Contract Law or the legally established rights of Ontarians.