Sentences with phrase «course of conduct»

It was the entire course of conduct engaged in by the psychologist as directed toward the husband.

Second, whether a given act or course of conduct constitutes an abuse of rights would presumably also be a question of law.

Thus, according to the court, the previous course of conduct did not create a reasonable expectation that premium payments would be accepted after the grace period expired.

Our work product is intended to provide a form of self - help to lawyers and does not advocate a particular course of conduct.

Any prior agreement or course of conduct between the parents relating to caretaking functions;

The term harassment to date remains broadly defined as encompassing any kind of course of conduct unwelcome to a worker in the workplace.

In deciding to award custody to plaintiff, the court also significantly relied on its finding that prior to the marital discord the children had a close relationship with both parents but that, thereafter, defendant «embarked on [a] course of conduct which in effect alienated the affection and love which the children had naturally developed for [plaintiff].»

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

l The court must ascertain the parties» shared intentions, actual, inferred or imputed, with respect to the property in the light of their whole course of conduct in relation to it.

[55] In Hunt v Smolis - Hunt, 2001 ABCA 229 (CanLII) at para 42 [Hunt], 286 AR 248, this Court ruled that a person seeking to impute income to another, under section 19 (1)(a) of the Federal Child Support Guidelines, must adduce evidence that the obligor engaged in a «deliberate course of conduct for the purpose of evading child support obligations».

Moreover, that same rule says that «a lawyer may discuss the legal consequences of any proposed course of conduct,» so exploring the limits of the law can be permissible.

The carriage of local traffic for compensation or hire by foreign air carriers between two points in the United States, a practice commonly referred to as cabotage, violates 49 U.S.C. § 41703, which prohibits cabotage except under very limited circumstances that do not apply here.3 In addition, a foreign air carrier that holds out to the public without authorization, either expressly or by course of conduct, that it provides cabotage service violates 49 U.S.C. § 41301.

Section 2 of the Act defines commercial activity as follows: ««commercial activity» means any particular transaction, act or conduct or any regular course of conduct that by reason of its nature is of a commercial character.»

«This Court has held that, when «speech» and «nonspeech» elements are combined in the same course of conduct, a sufficiently important governmental interest in regulating the nonspeech element can justify incidental limitations on First Amendment freedoms.

No corresponding refusal right exists in Ontario or elsewhere for a worker who reasonably believes they are subject of an unwanted course of conduct including any type of harassment.

Proving a deliberate course of conduct requires «proof of a specific intention to undermine or avoid support obligations, or circumstances which permit the court to infer that the intention of the obligor is to undermine or avoid his or her support obligations»: Hunt at para 42.

The Court held that s 7 (5)(a) should not be read narrowly, and therefore considered that the alleged infringement of Convention rights in this case arose from a single continuous course of conduct, as it could not have been the intention of Parliament that each step should be an «act» to which the one year limitation period should apply.

(Col 3:9, 10) Naturally, these have to «put away the old personality which conforms to your former course of conduct and which is being corrupted according to his (God's archenemy, Satan's) deceptive desires.»

True to the tradition of the Wisdom Movement, his thought was thoroughly humanistic, rooted in certain convictions as to the nature of the good life and the desirability of specific courses of conduct.

And despite its secret agreement with the first two staffers, the Assembly did nothing to protect other women who worked for Lopez, including the two who would come forward later, Lavine said — letting Lopez «continue the same vile course of conduct.»

The committee's August 2012 report concluded that Lopez had been engaged in «an escalating course of conduct with respect to multiple female staff members since at least 2010.»

§ 33.018 In Nevada, a knowing, purposeful or reckless course of conduct intended to harass the other such as in juring or killing an animal, is included in their definition of Domestic Violence.

By providing unequivocal advice that installing the defeat device was unlawful, and taking that advice up the corporate structure, including to the company's board if necessary, they could have involved enough people to make it difficult for the company to proceed with such an unambiguously deceptive course of conduct.

Instead, they can argue that the employer's broader course of conduct indicated that it no longer intended to honour the agreement.

In any event, the Claimant would be estopped from arguing that the dismissal constituted the end of a discriminatory course of conduct in light of the (subsequent) Tribunal decision — which had heard evidence relating to the earlier complaints by way of relevant background — that it was not.

This interpretation appears to have been supported by the judge who later said, «[Fitt's] prior training and experience as a professional driver is an aggravating feature of his crime because he knew better and yet persisted in a dangerous course of conduct».

Prohibits the award of multiple punitive damages awards based on the same act or course of conduct unless the court makes a specific finding that earlier punitive damages awards were insufficient.

In this column I want to use that scandal to consider a more specific legal ethics issue: when lawyers are consulted about a criminal course of conduct, under what circumstances is that consultation confidential and privileged?

Kirk Stange talks about situations where parties going through a divorce and a family law matter have to make quick decisions about important courses of conduct

«The court found that Diane engaged in a concerted course of conduct resulting in «parental alienation syndrome.

Arbitration awards are based on the hearing panel's analysis of the entire course of conduct giving rise to a dispute as demonstrated by the evidence and testimony presented in the course of the arbitration hearing.

«This is serious in itself, but factors exacerbating these wrongs are evident in the deceitful and manipulative course of conduct he engaged in and the devastating financial results it brought upon innocent people who relied upon him for guidance and fair dealing.»

The public ethics commission is responsible for investigating violations of the state's public officers law, which does not explicitly refer to sexual harassment but requires officials to follow a «course of conduct which will not raise suspicion among the public.»

And there is nothing unfair about subjecting a massive corporation to suit in a State for a nationwide course of conduct that injures both forum residents and nonresidents alike....

Specifically, was the conduct clearly unlawful or merely arguably so — did the lawyer, for example, have to weigh different considerations to reach a conclusion or know immediately that the proposed course of conduct was wrongful?

She concluded that Dr Cave's course of conduct did not amount to harassment and the claimants had not satisfied the court that their substantive claim was more likely than not to succeed at trial.

Otherwise, counsel is responsible for the conduct of the defence and counsel must exercise independent judgment as to what is in the client's best interests and as to whether any particular course of conduct is consistent with counsel's duties as an officer of the court.»

Rather, the court must look to the co-owners» entire course of conduct — in other words the totality of evidence — in order to determine if they intended that their interests were mutually treated as constituting a tenancy in common.

The court rejected Buyer's claim that an exception to the statute applied because Broker's actions constituted a continuous course of conduct.

What is known as the doctrine of double jeopardy does not typically apply when an individual is charged on both the federal and state level for white collar crimes arising out of the same course of conduct.

This record amply supports the trial judge's finding that the appellants set out on a deliberate course of conduct to strip Ruggieri Engineering of its exigible assets.