Sentences with phrase «court decree under»

Not exact matches

The Court gave examples of such legislative violations of due process of law: «Acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments and acts directly transferring one man's estate to another, legislative judgments and decrees, and other similar special, partial, and arbitrary exertions of power under the forms of legislation.»

Lawyers for the state of Ohio last month asked the U.S. Court of Appeals for the Sixth Circuit to overturn a federal district court's ruling that expanded the state's responsibility to fund school desegregation in Lorain County under the terms of a consent deCourt of Appeals for the Sixth Circuit to overturn a federal district court's ruling that expanded the state's responsibility to fund school desegregation in Lorain County under the terms of a consent decourt's ruling that expanded the state's responsibility to fund school desegregation in Lorain County under the terms of a consent decree.

As the days of desegregation by decree draw to a close, many schools and communities again find themselves asking how to preserve the perceived gains made under court - ordered plans — or to undo the perceived harm they inflicted.

Under the APPA a court considers, among other things, the relationship between the remedy secured and the specific allegations set forth in the United States» complaint, whether the decree is sufficiently clear, whether enforcement mechanisms are sufficient, and whether the decree may positively harm third parties.

Moreover, the court's role under the APPA is limited to reviewing the remedy in relationship to the violations that the United States has alleged in its Complaint, and does not authorize the court to «construct [its] own hypothetical case and then evaluate the decree against that case.»

No provision of a marital property agreement, unilateral statement under Section 766.59 of the Wisconsin Statutes, or court order under Section 766.70 of the Wisconsin Statutes adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred.

If the settlement is approved by the Court, Cooper Union's implementation of these reforms will be supervised under the terms of a consent decree.

Following our divorce, we agreed under a negotiated settlement agreement which is incorporated, merged into and made part of the court decree for a one - time payment of $ 746,800.00 USD for Family support (this includes child support, alimony and medical support).

Alternatively, the monetary obligation could be seen as part of the final decree pursuant to the court's authority to enter a lump sum money judgment under Virginia Code Section 20 - 197.3.

The Virginia Court of Appeals then noted that under Section 20 - 91 (A)(9)(c), the entry of a no fault divorce decree does not lessen the obligation of either spouse to support his or her spouse, unless the spouse proves the existence of a fault ground in his or her favor.

While enforcement, a foreign arbitral award shall, on the application being made to the appropriate court by any party, be enforced by execution by the court under the Code of Civil Procedure 1908, in the same manner as if it were a decree of the domestic Ccourt by any party, be enforced by execution by the court under the Code of Civil Procedure 1908, in the same manner as if it were a decree of the domestic Ccourt under the Code of Civil Procedure 1908, in the same manner as if it were a decree of the domestic CourtCourt.

«While this ruling is not the outcome we had hoped for, [the council] will continue to work steadfastly to comply with the decree under the guidance provided in the court's ruling,» the statement said.

But is a Consent Decree entered by the Court the same as a contract, and is a proceeding to enforce a fee provision in a Consent Decree an «action on a contract» triggering recovery of attorney's fees under Civil Code section 1717 rules and standards?

Violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree.

The family referred the matter to the Administrative court of Toulouse (Tribunal administratif de Toulouse) which suspended the litigated decree under interim procedure.

Since joining JAMS, Judge Roberts has been appointed as a discovery master by federal and state courts to supervise discovery and review privileged documents in complex commercial, patent, and product liability cases, as an election monitor for unions under court supervision, as a consultant to monitor a four - year consent decree in an EEOC pattern and practice case against a major restaurant chain, and as a trustee for a 36 - story commercial retail and office building on Fifth Avenue

The turning point in the case was whether Congress had power to authorize the Territorial Legislature of Florida to pass the law under which the Territorial court was established, whose decree was brought before this court for revision.

191 The Enforcement of Canadian Judgments and Decrees Act applies to an order, made by a court in another jurisdiction of Canada, that is similar to an order made under this Part.

The arbitrator shall follow, adhere to and defer to the decision, order, decree or judgment of the court following the court's decision of any such dispute under this subsection (d).

Although liability under Legislative Decree No. 231/2001 is considered administrative in nature, infringements are investigated by public prosecutors and adjudicated by criminal courts, in parallel with the prosecution of the individuals» related crimes and in accordance with the code of criminal procedure.

Under the prior version of the law, the Foreign Country Money - Judgments Recognition Act, an authenticated copy of a foreign judgment, decree, or order could be directly filed with the Clerk of the Superior Court of New Jersey, along with a supporting affidavit from the judgment creditor.

Learned senior counsel submits that if such finding of forgery rendered by the learned arbitrator which amounts to a serious criminal::: Downloaded on - 13/05/2014 23:52:28::: Kvm 42/107 ARBP259.13 charge is not set aside, such award would be a decree of this Court and would be executed by the claimant by filing criminal proceedings against the respondent based on such perverse finding which are without jurisdiction, such award would be thus in conflict with public policy under Section 34 of the Act and even under the narrower ground of public policy while considering the objection to the enforcement of a foreign award as held by the SC in case of Shri Lal Mahal Ltd..

Instead, «legal separation» describes an alternative to divorce in which the parties remain married but live apart under a court decree of separate maintenance.

If a divorce, dissolution, legal separation, or annulment proceeding involves a child and if the court has not issued a shared parenting decree, the court shall make a just and reasonable order or decree permitting each parent who is not the residential parent to visit the child at the time and under the conditions that the court directs, unless the court determines that it would not be in the best interest of the child to permit that parent to visit the child.

(1) An appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under this Act to the Family Court or to the Supreme Court of that State or Terricourt of summary jurisdiction of a State or Territory exercising jurisdiction under this Act to the Family Court or to the Supreme Court of that State or TerriCourt or to the Supreme Court of that State or TerriCourt of that State or Territory.

A qualified domestic relations order (QDRO) is a judgment, decree, or court order (including an approved property settlement agreement) issued under a state's domestic relations law that:

A court order retroactively corrected a mathematical error under your divorce decree to express the original intent to spread the payments over more than 10 years.

(4) The Supreme Court of a State or Territory shall not hear and determine proceedings under this Act instituted in or transferred to that Court otherwise than in accordance with any Proclamation in force under subsection (3), but nothing in this section invalidates a decree made by such a Supreme Court.

Either party can apply to court to have any orders made under the decree - such as maintenance - reviewed by the court.

A New York federal court has approved a consent decree between the federal government («Government»), Barbara King («King»), and the Westwater Commons Corporation («Co-op») for the Co-op's alleged violations of the federal Fair Housing Act for denying King's purchase application because she had children living with her who were under 18 years old.

Neither party will be liable for any failure or delay in performance under these Agent Terms due to fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, war, terrorism, insurrection, riot, act of God or the public enemy, law, act, order, export control regulation, proclamation, decree, regulation, ordinance, or instructions of Government or other public authorities, or judgment or decree of a court of competent jurisdiction (not arising out of breach by such party of these Agent Terms).