Sentences with word «cognizable»

Generally speaking you don't suffer a legally cognizable injury for standing purposes because of the manner in which the revenues collected via your taxes are spent, even if some or all of that spending is contrary to your strongly held religious or ethical principles.

Thus, plaintiffs remaining warning - based claims — for negligent misrepresentation and fraud failed for lack of cognizable injury.

Be that as it may, it is a relief that five judges of the BC Court of Appeal saw this case for what it was — an attempt by a majority, however well - meaning, to impose its views on a minority, however bigoted, to indulge its own moral preferences, however correct, rather than to defend anyone's rights from legally cognizable injury, however slight.

AIR also argued that Rohter's complaint failed to set forth a legally cognizable claim.

This Court has appellate jurisdiction of decisions in the district courts of Kentucky, Ohio, Tennessee, and Orleans, even in causes properly cognizable by the district courts of the United States.

Rules of Civil Procedure: These rules govern the procedure in courts of record in all actions, suits, or other judicial proceedings of a civil nature whether cognizable as cases at law or in equity, with the qualifications and exceptions stated in Rule 81.

Although violation of a municipal ordinance may be evidence of negligence, it is not in itself sufficient to impose a legal duty cognizable in negligence.

Such vital data which are usually shielded utilizing top information security providers can be used by unauthorized individuals to commit crimes tender etc. that were repair, such as insider - trading States around the globe have regulations to prevent such unauthorized information access and noncompliance with the guidelines is cognizable offense against the corporations spending substantial fees to the government, if the data security measures are broken.

This law did not «provide nearly enough time for an informed decision to be made regarding the decision of tenure... both students and teachers are unfairly, unnecessarily, and for no legally cognizable reason (let alone a compelling one), disadvantaged by the current Permanent Employment Statute.»

The Vass lead plaintiff presented a colorable, albeit unsubstantiated, claim under Chapter 93A, while the Shaulis court rejected its plaintiff's arguments about cognizable injury.

Because the lighter was fit for its ordinary purpose of producing a flame, the Court found that it was merchantable, and thus, no claim for breach of the implied warranty of merchantability was cognizable against the manufacturer.

The government had argued before the Ninth Circuit that the TRO should apply only to lawful permanent residents, because as it stands it «covers aliens who can not assert cognizable liberty interests.»

«[T] he ministerial exception or the church autonomy doctrine, grounded in the religion clause of the First Amendment, «operates as an affirmative defense to an otherwise cognizable claim, not a jurisdictional bar,»» the Oklahoma Supreme Court justices decided [emphasis theirs].

«Similarly, evidence of Dean Skelos's efforts to pass state legislation to fund various projects benefitting AbTech also supports a reasonable jury finding of legally cognizable official acts.»

«To us as a party, the most egregious of the faux pas committed by INEC is asking the APC to lawfully nominate a candidate for the supplementary governorship election without a valid and legally cognizable primary election of the party conducted within the mandatory timeliness specified by the electoral act.

She arranges and rearranges elements on the floor, layering fabrics, pieces of wood and other materials until cognizable meaning begins to arise from her increasingly conscious and focused efforts.

But the Court rejected that argument, noting that the cases where it has upheld laws limiting false speech dealt with «defamation, fraud, or some other legally cognizable harm associated with a false statement»:

This means that the start of the limitations period is delayed until triggered by a «cognizable event» that alerts the plaintiff of the potential for a wrongful death claim.

The enforceability of the French award turns on whether, in this case, the astreinte functions as a fine or penalty — which the Uniform Recognition Act does not recognize — or as a grant of monetary recovery — which is statutorily cognizable.

The trial court dismissed the entire lawsuit, ruling that the Fords had failed to allege cognizable claims against the Salesperson and the Brokerage.

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Although the panel acknowledged the possibility that Massachusetts courts might recognize his claim, it concluded it need not decide what they would do «because even if we were to assume that such a claim is cognizable under Massachusetts law, the claim would nonetheless fail based on Tersigni's inability to proffer evidence of a reasonable alternative design.»

[E] very jurisdiction which has spoken to the matter, and prohibited prosecution case - specific peremptory challenges on the basis of cognizable group affiliation, has held that the defense must likewise be so prohibited.

But other «allegations scattered throughout» Sevier's proposed amended complaint could give rise to cognizable claims, Furse said.

Last month, the federal government released guidelines to regulate online taxi companies, saying they should do stringent security checks and not contract anyone convicted of a «cognizable offense» under India's criminal laws.

As Rosalind English has commented in this blog, there is some way to go before it is worked out exactly which Charter rights are cognizable in claims between private parties and which are not.

Tenure for public school teachers is increasingly under attack, with the Vergara v. California judge ruling in June that «both students and teachers are unfairly, unnecessarily and for no legally cognizable reason... disadvantaged by the current Permanent Employment Statute.»

If someone has committed a crime, and in so doing has caused you a legally cognizable injury, you may also file a civil lawsuit.

Negligence is any conduct that creates an unreasonable risk of harm to others and is actionable when that risk creates a legally cognizable injury.

On the other hand, from the empirical side, Whitehead and his colleagues in radical empiricism, William James, Henri Bergson, and John Dewey, have insisted that cognition is only an abstraction from the more fundamental physical experience, and that to treat the cognizable as the more real is — with a truly Cartesian forgetfulness — to put the wagon before the horse.

This aesthetic rationality is, in turn, a remnant of the classical, Platonizing, and Cartesian effort of mentality to fasten onto the physical, to refuse to let the physical go until the physical has yielded some cognizable promise.4

The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge - made constitutional law having little or no cognizable roots in the language or design of the Constitution....

I agree that these mascots are disrespectful... but unless you can point me to actual, cognizable, harm, who cares?

Yet, this is not a case about free speech writ large, nor about the guaranty of a fair trial, nor about any cognizable constitutional right of public access to the courts.

The circuit found that the EEOC's claim that Venters was fired «because she was lactating or expressing milk» stated a cognizable sex discrimination claim under Title VII.

He reopened it, asking the parties and any interested amici to submit briefs on «whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable «particular social group» for purposes of an application of asylum or withholding of removal.»

A trial judge dismissed the complaint, saying Roe failed to state a cognizable claim and did so too late.

While many lawyers will make the easier ethical decisions in their careers more by thinking logically and applying common sense than by reading the rules, along the way in history the rule makers have agreed with the commenter to my post, that common sense does not make a cognizable set of rules for the masses to follow, and thus they wrote precursors to today's American Bar Association Model Rules of Professional Conduct.

Such matters as disputes between husband and wife, disputes among relatives (e.g., disputes relating to support and those relating to partition of estate), and divorce cases are all cognizable under the conciliation procedure.

The SJC's decision is a common sense approach that spares plaintiffs from being forced to file Section 5 property damages claims before they know whether they have a cognizable claim, risking dismissal and wasting judicial resources.

The first change — from «do not create a cognizable risk of corruption» to «create no cognizable risk of corruption» — flips the phrase into the active voice.

Negligence means any conduct that creates an unreasonable risk of harm to others, and it is actionable when that risk creates a legally cognizable injury.