The court ruled based its ruling on the doctrine of substantial compliance, under which a court overlooks technical compliance failures when the parties have met the overall purpose of the law.
Reliance on general deterrence as the primary sentencing objective in drug cases, and mechanical adherence to fixed sentence ranges, are driven in tandem by appellate
court rulings based in a doctrinal adherence to a discredited objective.
Not exact matches
«We have currently informed both companies that a significant number of IP addresses located in the clouds of these two services have fallen under the block on the
basis of the
court ruling (to block Telegram),» Zharov was quoted as saying.
But the U.K. decision could have a psychological effect because the British
court's
ruling lays bare the torturously twisted logic the company uses to justify its gig -
based businesss model.
The U.S. judge has excluded foreign investors,
based on a precedent set in a 2010 Supreme
Court ruling in the case of Morrison v. National Australian Bank.
The first
ruling, in 1992, was overturned by U.S. District
Court for the District of Columbia, which sided with the football team
based on a lack of evidence of disparagement, and on the principle of «laches.»
That could prove a perilous prospect for the ACA,
based on the High
Court's recent
ruling in Hobby Lobby, which said that closely - held companies can exempt themselves from key parts of their coverage requirements, such as for birth control products and services,
based on their religious beliefs.
A U.S. patent
court in 2007 invalidated the company's patent 5126156,
basing the
ruling on the fact that Dippin» Dots had sold its product for more than a year prior to filing its patent application.
Mainland
courts inclined to support Puerto Rico's sovereignty have precedents that can be used as a
basis for
rulings in favor of the defense.
On Friday, a Moscow
court ruled in an 18 - minute hearing to block the popular cloud -
based messaging service following an extensive dispute around government access to messages.
The appellate
court ruling could open the door for internet providers to charge different rates
based on the content people download.
WASHINGTON, April 24 - Foreign corporations can not be sued in American
courts for human rights abuses committed overseas, the U.S. Supreme
Court ruled on Tuesday, refusing to revive a lawsuit claiming Jordan -
based Arab Bank Plc helped finance militant attacks in Israel and the Palestinian territories.
Based on the emails in the
court records, Schmidt came across as hyper - vigilant in making sure Google recruiters followed such «do not call»
rules.
WASHINGTON, April 24 - The U.S. Supreme
Court on Tuesday
ruled that foreign corporations can not be sued in American
courts for human rights abuses overseas, refusing to revive a lawsuit claiming Jordan -
based Arab Bank Plc helped finance militant attacks in Israel and the Palestinian territories.
In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual
basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's
rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/
rules)(except that you may assert individual claims in small claims
court, if your claims qualify).
The high
court left in place an August 2017 ruling by the New York - based 2nd U.S. Circuit Court of Appeals in favor of the s
court left in place an August 2017
ruling by the New York -
based 2nd U.S. Circuit
Court of Appeals in favor of the s
Court of Appeals in favor of the state.
But in the wake of the
court judgment these were only being renewed on a temporary
basis while the agency worked on a solution to the processes that had been
ruled illegal.
(This Supreme
Court of Canada ruling upheld a lower court order requiring Google to de-index search results on a global basis for a company found to have infringed Equustek's intellectual property rig
Court of Canada
ruling upheld a lower
court order requiring Google to de-index search results on a global basis for a company found to have infringed Equustek's intellectual property rig
court order requiring Google to de-index search results on a global
basis for a company found to have infringed Equustek's intellectual property rights).
This is similar to the way Supreme
Court decisions are often written, appealing to previous decisions as a legal
basis for current
rulings.
InterVarsity Christian Fellowship (IVCF) can set and enforce hiring practices
based on its Christian faith, the Sixth Circuit
Court of Appeals
ruled on Thursday.
As Jason Langley, an attorney with Denver -
based Kennedy Childs, argued in one of the briefs he filed for the defense, the
court «should not overturn the long - standing
rule in Colorado that the term «person,» as is used in the Wrongful Death Act, encompasses only individuals born alive.
O'Connor emphasizes that earlier
Court rulings forbidding state licensing and taxing of religious activity were
based on the fact that state interference was a «prior restraint» on a constitutionally protected freedom.
Courts tend to
rule on the
basis of underlying principles that, once applied, may go far beyond the original intentions of the parties, and in ways that are contrary to the interests of all (see Luke 12:58).
On that
basis the
court ruled that Newdow did not have legal status to bring the case on his daughter's behalf.
This stands in a long tradition of
court rulings that public education should accommodate religiously
based objections, often raised by Jewish or Jehovah's Witness parents.
The Supreme
Court has to
rule based on law, so that California vote is meaningless.
The Supreme
Court will probably
rule against gay marriage
based on Stare Decisis of the California voter's decision in Proposition 22.
Overturning a lower
court's decision that ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans - based 5th Circuit Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.&r
court's decision that
ruled that the laws unconstitutionally limited access to abortion in the state, New Orleans -
based 5th Circuit
Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.&r
Court of Appeals judges wrote, «on its face does not impose an undue burden on the life and health of a woman.»
Out of sheer curiosity, what scientific theories can you disprove
based on a
court's
rules of evidence?
The U.S. Ninth Circuit
Court of Appeals handed down a
ruling this afternoon allowing the Christian humanitarian organization World Vision to
base its hiring decisions on matters of religious belief.
So I am deeply concerned about the impact the Supreme
Court's
ruling might have on faith -
based or other educational institutions — including schools from grades K - 12, colleges, universities, theological seminaries and graduate schools — that hold to natural or conjugal marriage, which has only come into question within the past decade.
On May 20, 1996, in Romer v. Evans, the Supreme
Court ruled that the amendment is totally without a rational
basis, and is «born of animosity toward the class of persons affected.»
The European
Court of Justice (ECJ)
ruled that terms like milk, cream and butter should only be used for animal products and must not be used to describe plant -
based foods.
Moreau, a farmer and member of President Emmanuel Macron's La République En Marche party, reportedly
based his argument on last year's European
Court of Justice
ruling prohibiting the use of words like «milk» or «butter» to describe dairy alternatives.
Per a
ruling by a tribunal in Manchester, Iheanacho's plea to have his contract terminated with First Eleven in favour of a switch to Stellar group was rejected by the club, with the US
based company also confirmed by the
court as the real owners of his image rights.
To add a bit more (I read the full
rulings which are interesting), the supreme
court didn't say Teresa May (i.e., the government
based on the prime minister's wish) could not trigger article 50.
In the
ruling of the
court, the judge Justice Kweku Ackaah Boafo said the motion was without
basis and ordered Zenateor Rawlings and the NDC to open their defence in the matter.
Mr. Kevor is asking the Supreme
court to
rule that the A-G who is the principal legal representative of the Government of Ghana can not in the same manner act as the private legal representative for Mr. Ken Ofori Attah, cousin of the President and also minister of Finance
based on articles 88 (5), 218 (a) and (e), 284 and 287.
Several months later, the DWP went back to
court to argue that the first tier tribunal only had the power to identify that legislation is incompatible with the Human Rights Act - not to
rule on a case on that
basis.
The
court ruled that someone's age was a matter of «objective fact» and can not be
based on physical appearance or demeanour.
In a case that could have wide - ranging national significance for gay rights, a federal appeals
court in New York
ruled that a landmark civil rights law bars employers from discriminating against their workers
based on sexual orientation.
On June 15, Buhari had appealed against a previous
ruling of the
court dismissing his preliminary objection to the suit filed by Nwokocha - Ahaaiwe, an Abuja
based lawyer.
While gay marriage advocates have enjoyed the upper hand in the
courts since then, the Cincinnati -
based 6th U.S. Circuit
Court of Appeals this month became the first to
rule the other way in upholding state bans on gay marriage.
At Silver's trial jurors were told they could convict
based on «any action under color of official authority» by Silver, but the 2d Circuit said the Supreme
Court ruling required a «formal exercise of government power,» rather than lesser acts like just making a phone call or having a meeting.
Joe Percoco's attorney, Barry Bohrer, issued a statement suggesting the charges against him were
based on non-credible witness testimony and wouldn't square with the Supreme
Court's recent
ruling vacating a fraud charge against former Virginia Gov. Bob McDonnell.
The Supreme
Court, in a case last year involving former Virginia Gov. Robert McDonnell,
ruled that corruption convictions could only be
based on performance of an «official act» that represented a formal exercise of government power — not just a phone call or a meeting with a lobbyist.
And the case left in its wake a new legal definition of what constitutes public corruption,
based on the Supreme
Court's
ruling tossing the former governor's convictions.
Reactions are rolling in to the surprise news this morning that a federal appeals
court has overturned the 2015 corruption conviction of former Assembly Speaker Sheldon Silver, based on a subsequent U.S. Supreme Court ruling, involving a former Republican governor of Virginia, that narrowed the definition of what kind of official conduct is prosecut
court has overturned the 2015 corruption conviction of former Assembly Speaker Sheldon Silver,
based on a subsequent U.S. Supreme
Court ruling, involving a former Republican governor of Virginia, that narrowed the definition of what kind of official conduct is prosecut
Court ruling, involving a former Republican governor of Virginia, that narrowed the definition of what kind of official conduct is prosecutable.
As Avi pointed out the Supreme
Court has
ruled against discrimination
based on race but racial discrimination is protected by federal law and would have been illegal even outside of the primaries.
In recent weeks we've had the Home Office's rehashed attempt to monitor what we do online, Claire Perry's report calling for a mandatory filter, and a
court ruling forcing ISPs to block a well - known site that, in part, was
based on sharing links to copyrighted material.