Sentences with phrase «courts refer to»

A parenting plan is what the courts refer to as custody.

The courts refer to alimony as spousal maintenance and may award it on a temporary or permanent basis.

In cases where there is no dispute regarding property division, spousal support and child custody and support, Alaska courts refer to the matter as «uncontested.»

A parenting plan is what the courts refer to as...

Paying your SC traffic ticket means pleading «guilty» or «no contest» (some courts refer to this as «nolo contendere») and paying the ticket fine along with related court costs and surcharges.

Texas law and many courts refer to driver safety courses, but most of the general population know them as defensive driving courses.

Is there a source in which the courts refer to when looking to define a word?

But if not, the costs must be reviewed by the Court, an administrative function many courts refer to a lower court, for example a registrar.

This has led many jurisdictions across Canada, and around the World, to simply forbid the inclusion of what the courts refer to as conclusive or complete undertakings to arbitrate» [1], i.e. exclusive arbitration clauses.

This legally binding contract identifies the roles and responsibilities of both the tenant and the landlord — and it's the first document courts refer to should a problem arise.

In a chapter 7 bankruptcy most courts refer to what is known as the Bruner Test to determine if the student loan is eligible to be discharged in the bankruptcy.

Instead of referring to a parent's guardian as a «custodian,» a Texas court refers to them as a conservator.

In 2008 the courts ruled that using force for these purposes breaches children's human rights because it can cause serious harm and was not shown to be necessary (the court referred to evidence that in secure children's Homes restraint is not used to enforce good behaviour by children convicted of an offence).

«A consultant according to the state's highest court refers to persons or entities retained by the city,» he added, pointing out that the mayor's advisors are private citizens who are not on the city's payroll, which is the basic requirement for shielding communications.

Examining the offences Mr I has committed, the Court refers to sexual exploitation of children as «one of the areas of particularly serious crime with a cross-border dimension» under Article 83 (1) TFEU (para 25), which led the EU legislature to adopt Directive 2011/93 (para 26).

The Court referred to the purpose of access to environmental information as expressed in recital 2 of the Aarhus Regulation, which is to promote more effective public participation in the decision - making process, increase the accountability of decision - making and contribute to public awareness and support for the decisions taken.

With regard to the question of «foreseeable emissions», the Court referred to its judgment of the same day in case C - 442 / 14 Bayer CropScience, in which it made some important clarifications on this point.

The Crown looked instead to what both it and the court referred to as s. 31 of the Act.

In the VALE judgment the Court refers to its earlier SEVIC judgment (C - 411 / 03) where it ruled that company transformation operations respond to the needs for cooperation and consolidation between companies established in different Member States.

Historically, the LERB reviewed decisions of chiefs and presiding officers after initial investigations on a standard of review of correctness, using a de novo hearing — the appeal court refers to the lower tribunal's record to determine the facts, but will rule on the evidence and questions of law without deference (respectful submission to the judgment) to the lower tribunal's findings.

** The Court referred to a number of previous decisions of the Jersey Royal Court and the English Court including Goldtron Limited v Most Investment Limited [2002] JLR 424; Africa Edge Sarl v Incat [2008] JRC 175 and Dalemont Limited v Senatorov [2 - 12] 1 JLR 168 and the English decision of Coleman J in Gidrxsime Shipping Co Ltd v Tantomar - Transportes Maritimos Lda [1994] 4 All ER 507.

First, in both cases the General Court referred to the role of diplomatic cables (read «Wikileaks») and the suggestion that some Member States, in particular the UK, were subject to American pressure to ensure the adoption of restrictive measures against Iran.

The court referred to Nash v Nash [1968] P 597; [1967] 1 All ER 535, in which three classes of case relating to applications to set aside a decree nisi were identified.

The court referred to Strasbourg jurisprudence to illustrate the fact that the ECtHR was not concerned with «merits» but with «process», and that domestic courts were afforded a margin of appreciation concerning which awards could or should be set aside.

Despite the Court of Appeal's decision, the Court of Superior Justice has overturned a decision on the basis of the trial Judge's use and reliance on Google Maps — in R v Ghaleenovee, 2015 ONSC 1707, the Court referred to Calvert but concluded that where the facts are disputable, and the evidence produced by Google Maps is not put the accused or witnesses, relying on Google Maps «compromises the appearance of fairness».

In particular the court referred to provisions in the Code that require agents to encourage clients to seek the assistance of professional advice where appropriate, and another provision that requires agents to verify pertinent facts respecting a property.

The Court referred to Bennett v. British Columbia, 2012 BCCA 115 (at paragraph 27), to support the principle that Weyerhaeuser's «communications constituted a promise or an offer to current employees that it would provide premium - free insurance on retirement if they should continue their employment until their retirement and should elect such coverage,» and that an employee's fulfilment of those conditions «would constitute an acceptance of the offer and would supply the necessary consideration to bring a contract into being.»

The courts referred to the European Court of Justice a question for a preliminary ruling on Art 7 (1) of Council Directive (EC) 2003/88.

The court referred to a rule in the US Federal Rules of Evidence that asserted that if expert evidence «will assist the trier of fact to understand the evidence or to determine a fact in issue» it should be admitted.

Secondly, the Court referred to the mandatory national targets established by Directive 2008/29 which differentiated per Member State and endorsed the territorial nature of existing support schemes (paras 97 - 99).

Noting up legislation allows you to see how courts have interpreted a specific piece of legislation; generally the court refers to a section or sections of an act or regulation rather than the entire thing.

If you think this is odd, you are not alone»... one judge referring to the laws as «Alice - in - Wonderland» and the Chief Justice of the Supreme Court referred to the situation as «bizarre»».

4 (3)(k) personal information contained in a court file, a record of a judge of the Court of Appeal of Alberta, the Court of Queen's Bench of Alberta or The Provincial Court of Alberta, a record of a master in chambers of the Court of Queen's Bench of Alberta, a record of a sitting justice of the peace or a presiding justice of the peace under the Justice of the Peace Act, a judicial administration record or a record relating to support services provided to the judges of any of the courts referred to in this clause.

In reaching this decision the court referred to a leading BC Court of Appeal Case where it was held that «a Plaintiff does not have an on - going obligation to assess the quantum (value) of a claim and that the point in time for a consideration of whether a plaintiff had a sufficient reason for bringing a proceeding in the Supreme Court is the time of the initiation of the action.»

The Court refers to its famous judgments in Singh and Eind, which concerned obstacles to the free movement of workers, and makes it clear that the same reasoning also holds in cases where the general free movement right of Article 21 (1) TFEU is at stake.

Neither the OBA nor the court referred to this section.

The court referred to the 2007 Supreme Court of Canada decisions re Pecore v Pecore, and Madsen Estate, and stated that it now appears that a presumption of resulting trust applies in all cases of gratuitous transfers, with some very narrow exceptions, such as transfers between parents and minor children.

Once discovered, litigation ensued and Rita named her twin sons as joint attorneys for property (to distinguish between the Jeans, the court refers to Jean - Pierre as Pierre and Jean - Raymond as Raymond).

The father relied on the Court's 2006 In re Adoption of Pushcar decision where the Court referred to any «parenting matter.»

(f) four judges of the Superior Court of Justice appointed by the Chief Justice of the Superior Court of Justice, at least two of whom shall be judges of the Family Court referred to in clause 21.2 (1)(d) or (e);

In December last year the Supreme Court referred to the Court of Justice of the EU, Edwards, a case about the English costs regime, and whether it complies with the Aarhus convention.

By a request for a preliminary ruling, of 25 November 2014 brought in Case C ‑ 554 / 14, repeated and thereafter supplemented by two requests of 15 December 2014, the Sofia City Court referred to the Court various questions on the interpretation of Council Framework Decision 2008 / 909 / JHA of 27 November 2008.

In the first five years after Dunsmuir was decided, Australian courts referred to the decision on only a handful of occasions, and each of those references was to point out contrasts between the Australian and Canadian positions on reasonableness review and deference (see SZOOR [8]- [9]; SZMDS [28]; Mastwyk [18]; Sanding [229]- [230]-RRB-.

The court referred to Robertson v. Wasylyshen, 2003 ABCA 279 («Robertson»), where an appeal related to outstanding disciplinary proceedings against a police officer that had not yet concluded.

Thus, in Amoudi v. Brisard, [2006] EWHC 1062, [2006] All E.R. 294 (Q.B.), the court referred to Jameel v. Dow Jones, [2005] EWCA Civ.

In finding this, the Court referred to Kirby v Motor Coach Industries, 13 in which the Manitoba Court of Appeal stated:

has become the habitual residence of the child after the court referred to in paragraph 1 was seised; or

The court refers to questions that occupy 42 pages of the transcript.

In the Teva cases, only the lower court referred to the disclaimers and noted that all claims were restricted to treatment in men.

16.4 The Guarantor irrevocably waives any objection which it may now or in the future have to the laying of the venue of any proceedings in any court referred to in this Clause and any claim that those proceedings have been brought in an inconvenient or inappropriate forum, and irrevocably agrees that a judgment in any proceedings commenced in any such court shall be conclusive and binding on it and may be enforced in the courts of any jurisdiction...».