Sentences with phrase «court with the validity»

Your executor will file with the local probate court to commence the probate process, and will have to provide the court with the validity of your will, in addition to a list of your property, assets, debts, and named beneficiaries.

Not exact matches

YAC's solicitors told the Supreme Court of Western Australia on the 21 January that it would not continue with its intention to hold a General Meeting of Electors on 1 February following a challenge by WMYAC as to the validity of the meeting.

This disclaimer and any dispute arising from or in relation thereto, including disputes regarding its legality, validity, binding effect (including adoption) and enforceability, shall be settled by the district court of Lyngby, Copenhagen, Denmark in accordance with and subject exclusively to the laws of Denmark.

With the tally at 706 for Dyer and 705 for opponent Norman Davis, after a public recount, the two candidates took to the state Supreme Court to battle over the validity of two ballots.

In episode 510, the fifth season finale, despite the popularity of court - ordered anger management therapy, Penn and Teller find that the validity of such programs is less than certain, while a fascinating experiment exposes what's wrong with «venting.»

Based on a long line of court decisions and guidance handed down by the federal Office for Civil Rights, which administers both nondiscrimination statutes — the Americans with Disabilities Act and Section 504 — a court would most likely defer to educational experts, uphold standards supported by evidence of the SAT's validity, reliability, and technical underpinnings, and find flagging not to be unlawful discrimination.

Navigio — The validity problem due to lack of appropriate implementation stems primarily from the «opportunity to learn» requirement for large scale high stakes tests that was advanced in the late 70's for the first statewide high school graduation tests, with that requirement established by the courts in 1978 and having held up for more than 35 years for the design and implementation of all large scale K - 12 tests.

A document issued by a court certifying the validity of a will and authorising the executor to administer the estate in accordance with the provisions of the will.

So in proposing the CEIP Design Details rule, EPA intends to implement a program that has no validity apart from the Clean Power Plan, for the purpose of accelerating compliance with the CPP, even though the CPP has been stayed by the Court.

In its Daubert judgment, the US Supreme Court explicitly rejected the consensus or «general acceptance» test for the admissibility of scientific opinions to replace it with requirements regarding sound scientific methodology, validity, and relevance.

There is also another case pending with the Supreme Court on certain actions by the ERC regarding validity of certain bilateral power contracts executed by utilities immediately before the requirement of competitive process took effect.

In 1992, the court questioned the validity of the physical presence test because of intervening rulings but stuck with the Bellas Hess rule as a matter of stare decisis, as well as the idea that mail - order retailers faced difficulties in complying with tax obligations from about 6,000 separate state and local taxing jurisdictions nationwide.

the Court has jurisdiction to give preliminary rulings on the validity of CFSP acts, provided that it relates either to the monitoring of the act's compliance with Article 40 TEU, or to reviewing the legality of restrictive measures against natural or legal persons.

The case presented the court with the opportunity to discuss the validity of an arbitration contract that was signed by a resident's wife prior to the resident's admission into the nursing home.

For example, if the validity of a will is challenged, a court might appoint an administrator pendente lite with limited powers to do such things as may be necessary to preserve the assets of the deceased until a hearing can be convened on the validity of the will.

Rule 26 deals with disclosure obligations in most BC Supreme Court lawsuits and subrule 26 (2.1) requires that «the nature of any document for which privilege from production is claimed must be described in a manner that, without revealing information that is privileged, will enable parties to assess the validity of the claim of privilge `.

He has also represented several companies before the civil courts in cases dealing with restrictive covenants and the validity and financial assessment of stock purchase plans.

This procedure must therefore be open for all questions capable of submission for judicial consideration, either by the court of justice or possible by national courts, in so far as such questions give rise to doubt either as to the substantive or formal validity of the agreement with regard to the treaty.

In addition, the court noted that since a full record is created at trial only for claims for which the PTAB instituted review, it would make no sense to require the PTAB to rule on the validity of all claims challenged in the petition with an incomplete record.

Circuit Judge Pauline Newman wrote a lengthy dissent, arguing that the result was at odds with the purpose of the AIA by avoiding «finality» in administrative challenges to patent validity, and resulting in duplicative and potentially inconsistent federal court and PTAB rulings.

The case presented the court with the opportunity to determine the validity of a medical release waiver that the plaintiff had signed prior to undergoing the surgery.

Article 22 (4) Brussels I awards exclusive jurisdiction in proceedings concerned with the registration or validity of registered intellectual property rights (patents, trademarks etc.) to the courts of the Member State of registration.

On 18 June 2014 the Irish High Court referred two questions to the CJEU dealing with the issue of whether the DPC could examine the validity of the Safe Harbour.

S.A.S. v France is the first case in which the European Court of Human Rights has been called to address the validity of a criminal ban on wearing the full - face veil in any public place in relation with the European Convention on Human Rights.

Rather than letting the lawsuits before the judge become more examples of what federal district court Judge Otis D. Wright has called «essentially an extortion scheme,» Judge Baylson has decided to move forward with a «bellwether trial» to determine the validity of Malibu's claims.

Nadon was comparably embarrassing, dealing with a unique challenge to the validity of an appointment to the Supreme Court as well as obliquely raising unsettled questions about the constitutional amending formulae as they relate to the Supreme Court itself.

Although the Supreme Court's Cuozzo decision did not disagree with the USPTO's procedures for instituting and conducting AIA trials, it also did not embrace the proceedings as interchangeable substitutes for federal court litigation of patent validity isCourt's Cuozzo decision did not disagree with the USPTO's procedures for instituting and conducting AIA trials, it also did not embrace the proceedings as interchangeable substitutes for federal court litigation of patent validity iscourt litigation of patent validity issues.

Probate is a court application to prove the validity of the last will of the deceased in order that the Estate Trustee (formerly the executor / executrix) may show s / he has the authority to transfer the deceased's assets in accordance with the terms of the deceased's last will.

If the constitutional validity of s. 241 of the Criminal Code is to be reviewed notwithstanding Rodriguez, it is for the Supreme Court of Canada to do so,» wrote Justice Mary Newbury in the majority decision, with Justice Mary Saunders concurring, in Carter v. Canada (Attorney General).

UK courts will no longer be able to take measures affecting the EU with regards to validity of EU trade marks;

(a) lawful authority refers to lawful authority other than (i) a subpoena or warrant issued, or an order made, by a court, person or body with jurisdiction to compel the production of information, or (ii) rules of court relating to the production of records; and (b) the organization that discloses the personal information is not required to verify the validity of the lawful authority identified by the government institution or the part of a government institution.

«In any event, the parties are free to litigate in the state courts the validity of the statute when actually applied to any definite state of facts, with the right of appellate review in this Court.

The plaintiff then appealed to the Tenth Circuit, which agreed with the lower court, citing the validity of the waiver and policy concerns.

«FAs recognition of the value of patents has increased dramatically over the past decade, so too has the amount of litigation associated with patent enforcement and validity challenges before U.S. district courts, the U.S. International Trade Commission (USITC), and before the U.S. Patent & Trademark Office (USPTO) In response to this ramp up, both in terms of volume and complexity, tribunals have come to recognize the substantive, procedural, and administrative challenges posed by patent litigation.

To the extent that Palmer suggests a generally applicable proposition that legislative purpose is irrelevant in constitutional adjudication, our prior cases — as indicated in the text — are to the contrary; and, very shortly after Palmer, all Members of the Court majority in that case joined the Court's opinion in Lemon v. Kurtzman, 403 U. S. 602 (1971), which dealt with the issue of public financing for private schools and which announced, as the Court had several times before, that the validity of public aid to church - related schools includes close inquiry into the purpose of the challenged statute.

EXAMPLES: Examples of category (1) include a currently effective statute imposing a tax on real property, enacted in accordance with the applicable rules establishing the criteria of validity of such statutes; the holding, that is currently good law, in a court opinion respecting the aforementioned statute, rendered in accordance with all applicable procedures by a court having jurisdiction; and a regulation, formerly effective, furnishing detailed rules respecting the application of the aforementioned statute, which regulation was effected by a government agency acting within the scope of its authority and in accordance with the applicable rules establishing the criteria of validity of such regulations.

In upholding the validity of the patent, the lower courts determined whether disclosure requirements had been met with respect to patent claims individually.

Whilst the Court of Justice alone has jurisdiction to declare an EU act invalid, where a claim is lodged with the national supervisory authorities they may, even where the Commission has adopted a decision finding that a third country affords an adequate level of protection of personal data, examine whether the transfer of a person's data to the third country complies with the requirements of the EU legislation on the protection of that data and, in the same way as the person concerned, bring the matter before the national courts, in order that the national courts make a reference for a preliminary ruling for the purpose of examination of that decision's validity

The Supreme Court of New Jersey agreed with that assessment, but on its way to that conclusion, rejected the validity of the surrogacy contract itself, in which all parties stipulated, prior to the birth of Baby M, that it was in the child's best interest to live with the Sterns.

The insured argued in its appeal that the court was presented with a «much - needed opportunity for this Court to address, explain, elaborate, clarify and provide guidance to the public as well as the Bench and Bar when litigating and addressing the question of validity and challenges to insurance appraisal awards.&rcourt was presented with a «much - needed opportunity for this Court to address, explain, elaborate, clarify and provide guidance to the public as well as the Bench and Bar when litigating and addressing the question of validity and challenges to insurance appraisal awards.&rCourt to address, explain, elaborate, clarify and provide guidance to the public as well as the Bench and Bar when litigating and addressing the question of validity and challenges to insurance appraisal awards.»

Through the new Inter Partes Review (IPR) and Covered Business Method review (CBM) mechanisms, the PTAB allows potential patent defendants to litigate the validity of a patent on an expedited schedule and with less expense than a district court case; the PTAB does not rule on patent infringement.

When the first instance court makes a ruling which relates to the validity of an arbitration agreement relating not to accept, to reject a filing or objection to jurisdiction, and a party disagrees with the ruling and appeals, the specialized trial division of the second instance court should handle it.

With the introduction of the Charter of Rights and Freedoms in 1982, however, the courts were given a new tool to directly review the validity of admission requirements.

«For the purposes of all legal proceedings any question as to the meaning or effect of any of the treaties, or as to the validity, meaning or effect of any Community instrument, shall be treated as a question of law (and if not referred to the European Court, be for determination as such in accordance with the principles laid down by any relevant [decision of the European Court or any court attached thereto).]&rCourt, be for determination as such in accordance with the principles laid down by any relevant [decision of the European Court or any court attached thereto).]&rCourt or any court attached thereto).]&rcourt attached thereto).]»

The court has upheld the validity of a conditional fee agreement (CFA) and preceding letter, in doing so dismissing the defendant's argument that each claimant ought to have been told, or told more clearly, of the costs protection they would obtain with public funding.

Insurance regulator IRDAI has said it is not mandatory to link Aadhaar with existing insurance policies until a judgment is pronounced by Supreme Court on its constitutional validity.

The Court held that non-compliance with the notification or other procedural requirements of those subdivisions of the NTA does not affect the validity of a future act.

While the High Court decision was specifically concerned with Indigenous land title and rights, its acknowledgement of the ongoing legal validity of Indigenous law and custom pointed to the need for a broader recognition of the fact that as a distinct peoples, Aboriginal and Torres Strait Islander peoples are entitled to enjoy distinct and unique rights.

A federal appeals court has decided that an arbitrator's failure to disclose his minimal contact with the attorney of the prevailing party in an arbitration doesn't change the validity of the decision.