Sentences with phrase «established by a court of law»

Parents share legal and physical custody of a child if they were married when the child was born or if paternity was established by a court of law.

Not exact matches

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).

If a business is owned by a properly established trust, and it is sued, in most cases the only assets that can be attacked or attached in a court of law are those that are in the trust itself.

'» As a legal organization, CRLP's mission is to establish and protect the rule of law by advancing women's reproductive rights in the U.S. and around the world, whether at the UN, with governments, or in the courts.

Something I haven't seen anybody mention before is that even though the government does establish nor prohibits religion (Establishment Clause and Free Exercise Clause of the First Amendment,) the system of laws can inadvertently end up being setup to practically prohibit being a Christian by the advocacy of certain groups who go above and beyond to have the courts rule in such matters.

The act states that «the Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.»

In the meantime, GOP sources believe Skelos needs to do the righteous and magnanimous thing by stepping aside until guilt or innocence can be established in a court of law.

... and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

... «Superior Court» is to be construed historically, and that... it connotes a court having an inherent jurisdiction, in England, to administer justice according to the law, as and being a part of, or descended from, and as exercising part of the power of, the Aula Regia, established by William the First, which had universal jurisdiction in all matters of right and wrong throughout the kingdom, and over which, in its early days, the King presided in peCourt» is to be construed historically, and that... it connotes a court having an inherent jurisdiction, in England, to administer justice according to the law, as and being a part of, or descended from, and as exercising part of the power of, the Aula Regia, established by William the First, which had universal jurisdiction in all matters of right and wrong throughout the kingdom, and over which, in its early days, the King presided in pecourt having an inherent jurisdiction, in England, to administer justice according to the law, as and being a part of, or descended from, and as exercising part of the power of, the Aula Regia, established by William the First, which had universal jurisdiction in all matters of right and wrong throughout the kingdom, and over which, in its early days, the King presided in person.

The Supreme Court declared the celebration of 31st December unconstitutional because it marks the overthrow of a government established by law.

The next instances and judicial processes started on Catalonia will be expired before the court of the Catalonia territory and if applicable before the Catalan High Court, even in an extraordinary appeal, without prejudice to the appeal for the unification of doctrine established by the competition law of the Supreme Ccourt of the Catalonia territory and if applicable before the Catalan High Court, even in an extraordinary appeal, without prejudice to the appeal for the unification of doctrine established by the competition law of the Supreme CCourt, even in an extraordinary appeal, without prejudice to the appeal for the unification of doctrine established by the competition law of the Supreme CourtCourt.

WHEREAS, the Cortland County Federation of Sportsmen's Clubs, Inc. acknowledges that in 2008, the Supreme Court established, via District of Columbia vs Heller, that the Second Amendment does not limit laws regulating the sales of guns, or prohibit possession of guns by the mentally ill or by felons, nor does it prohibit penalties against the carrying of guns in schools and government buildings; and

But then the President of the Republic of Ghana, who has sworn a constitutional oath of office to uphold and defend the Constitution of Ghana as by law established, grants an interview to the press after the decision of the Court on the same day.

Primary legislation (the statutes enacted by sovereign legislatures, such as the British Parliament) provides a framework which is complemented by secondary law, in the form of rules drafted by government agencies and court rulings which establish legal precedents.

The supreme court, in a 6 - to - 3 decision, upheld a county district judge's finding in March 1983 that a group of parents violated the state's compulsory - attendance law by sending their children to a school established by the Calvary Baptist Church in Charles City.

In a 6 - to - 2 decision, the Court held that such action — whether mandated by state labor law or agreed to under a contract — runs afoul of the Congress's intent to establish the U.S. Postal Service as a monopoly.

• Commitment to federal laws established by Supreme Court rulings: OCR's current reading of its authority under Title IX goes beyond the narrow interpretation adopted by the Supreme Court in two decisions that addressed the sexual harassment issue, even explicitly rejecting the rulings in guidelines issued under the Clinton administration.

1912: NEA endorses Women's Suffrage 1919: NEA members in New Jersey lead the way to the nation's first state pension; by 1945, every state had a pension plan in effect 1941: NEA successfully lobbied Congress for special funding for public schools near military bases 1945: NEA lobbied for the G.I. Bill of Rights to help returning soldiers continue their education 1958: NEA helps gain passage of the National Defense Education Act 1964: NEA lobbies to pass the Civil Rights Act 1968: NEA leads an effort to establish the Bilingual Education Act 1974: NEA backs a case heard before the U.S. Supreme Court that proposes to make unlawful the firing of pregnant teachers or forced maternity leave 1984: NEA fights for and wins passage of a federal retirement equity law that provides the means to end sex discrimination against women in retirement funds 2000s: NEA has lobbied for changes to the No Child Left Behind Act 2009: NEA delegates to the Representative Assembly pass a resolution that opposes the discriminatory treatment of same - sex couple

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty - day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

This means the court has officially established that Petland should abide by the law that passed last year and came into affect in January of this year.

For instance, among the things considered by the world's most important people who assembled in Durban were thepropositions that the «rights of mother Earth» should be recognised; that international courts be established to «ensure respect for the intrinsic laws of nature» and «to ensure harmony between humanity and nature and that their [sic] will be no commodification of the functions of nature».

In the Vale case the Court stated that a Member State may restrict a company governed by its law to retain the status of the company established under the law of that Member State if the company intends to move its seat to another Member State, thereby breaking the connecting factor required under the national law of the Member State of incorporation.

This contextualization with reference to Council voting patterns suggests that the Court of Justice in Opinion 2/15 did not intend to significantly change established case law by proposing mandatory mixity for agreements covered partly or entirely by shared competences.

In its Judgment of 20 September 2012 in case T ‑ 154 / 10 French Republic vs. European Commission, the General Court of the EU (GC) has established a new test of «bankruptcy - proofness» as an advantage contrary to Article 107 (1) TFEU that may generate a significant shake up in the control of State aid granted (implicitly) to establishments of an industrial and commercial character (EICC, or EPIC in their French acronym)-- ie legal entities governed by public law which have distinct legal personality from the State, financial independence and certain special powers, including the performance of one or more public service tasks.

The University of Mississippi established a law school in 1854, heavily influenced by the University of Virginia's model.203 Although dedicated to the idea that the theory of law and government was a proper subject for teaching, the University did not stint on moot court as a way to apply legal principles to cases.204

Bankruptcy law involves the procedure or legal method by which a debtor is relieved of financial liability for its debts by establishing a court - approved reorganization plan or plan for partial repayment.

Section 21 of that Act vested judicial power in a court of record called the District Court of the Virgin Islands and in any lower courts established by localcourt of record called the District Court of the Virgin Islands and in any lower courts established by localCourt of the Virgin Islands and in any lower courts established by local law.

Comment on Rule 1.15 in the American Bar Association's Model Rules of Professional Conduct states, «A lawyer should maintain on a current basis books and records in accordance with generally accepted accounting practice and comply with any recordkeeping rules established by law or court order.»

Lastly, the Court found that — as in Annibaldi — the fact that national legislation could have an indirect effect on a system established by EU law could not constitute a sufficient connection to bring such legislation within the scope of EU law (para 29).

This is the purpose: A blog established by a practicing & teaching lawyer in Pennsylvania for the benefit of law students, consumers, & professionals interested in legal developments affecting Elder Law, long - term care, End - of - Life issues, estate & personal planning, fiduciary administrations (by agents under powers of attorney, custodians, guardians, & trustees), elder conflict dispute resolution, or Orphans» Court litigation in this Commonwealth, with reference to trends nationally.&raqlaw students, consumers, & professionals interested in legal developments affecting Elder Law, long - term care, End - of - Life issues, estate & personal planning, fiduciary administrations (by agents under powers of attorney, custodians, guardians, & trustees), elder conflict dispute resolution, or Orphans» Court litigation in this Commonwealth, with reference to trends nationally.&raqLaw, long - term care, End - of - Life issues, estate & personal planning, fiduciary administrations (by agents under powers of attorney, custodians, guardians, & trustees), elder conflict dispute resolution, or Orphans» Court litigation in this Commonwealth, with reference to trends nationally.»

The Court addresses these issues by referring to its well established case law on the division of roles between national courts and the European Court of Justice (para. 29).

So my understanding is that the phrase «common law» can refer to either the concept of laws established by court precedent or it can refer to a specific body of laws that have been established that way.

Later on, the phrase also seems to refer to a specific body of English law established by court precedent:

The California Court of Appeal's Second Appellate District said the investors had established a link between the law firm's actions and investor losses with regard to just one transaction: a $ 1 million excessive contribution made by investor Rahim Sabadia and the Sabadia Family Trust.

The court acknowledged that while the construction of an insurance contract is governed by the domestic law, not EU law, it reaffirmed two well established principles:

The Court found that the (unique) solution imagined by the Commission to compensate for the lack of safeguards established by US law does not conform to such requirements as the «Principles» only bind US companies that have self - certify and not US public authorities (Article 1 of the Safe Harbour Decision).

The Court sees therein the problem that EU Member States could be permitted by means of Art. 53 ECHR and in absence of a reconciling provision in the draft agreement to raise the level of protection of a fundamental right to the extent that the primacy, unity and effectiveness of EU law would be compromised (as already established in Melloni).

[1] This rule was submitted to the Court by the Practice of Law Board, the board that investigates unauthorized practice of law (UPL) complaints, which was established by the Court in 20Law Board, the board that investigates unauthorized practice of law (UPL) complaints, which was established by the Court in 20law (UPL) complaints, which was established by the Court in 2001.

And so it could hedge its bets and formulate the norm as prohibiting Member States «to remove from the jurisdiction of their own courts, and hence from the system of judicial remedies which the second subparagraph of Article 19 (1) TEU requires them to establish in the fields covered by EU law, disputes which may concern the application or interpretation of EU law.»

That still leaves task number two: to establish that the Court of Auditors is active in «fields covered by Union law.»

The pilot project is in association with Legal Data Resources (Manitoba) Corporation (http://www.ldrc.org/), a non-profit established by the Law Society of Manitoba, which previously led an effort to install Wi - Fi systems in courts for lawyers.

agree to remove from the jurisdiction of their own courts, and hence from the system of judicial remedies which the second subparagraph of Article 19 (1) TEU requires them to establish in the fields covered by EU law (see, to that effect, judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses, C ‑ 64 / 16, EU: C: 2018:117, paragraph 34), disputes which may concern the application or interpretation of EU law.

Legal principle must try «to keep the law abreast of the society in which [the judges] live and work»: «If the law should impose upon the process of «growing up» fixed limits where nature knows only a continuous process, the price would be artificiality and a lack of realism in an area where the law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the courts should establish a principle flexible enough to enable justice to be achieved by its application to the particular circumstances proved by the evidence placed before them.»

The report, by Block G Privacy and Security Consulting, said: «Until national policies are established or court challenges arise... the use of UAVs by Canadian policing bodies will likely continue to be somewhat ad hoc and primarily constrained by the SFOC process and [law enforcement agencies»] interests in avoiding public pushback of UAV - based practices.»

This makes them quite different from normal appeals, which involve cases that arise out of specific concrete circumstances, that come with a context that has been judicially explored by the lower courts, that have an established set of relevant facts that have been tested through an adversary process, and that are essentially retrospective, arriving at general and abstract questions only as they emerge from those concrete fact and law circumstances.

On appeal, the Saskatchewan Court of Appeal confirmed its earlier decision, and substituted the mandatory minimum sentence of 10 years, noting that it is always «open to Parliament to modify the existing law by appropriate legislation that establishes sentencing criteria for «mercy» killing.»

The not for profit publisher was established in 1865 and they have 29 law reporters that cover cases decided by the following courts and tribunals: the Supreme Court of the United Kingdom; the Judicial Committee of the Privy Council; the Court of Justice of the European Union; the Court of Appeal (Civil and Criminal Divisions); the High Court; the Court of Protection; the Employment Appeal Tribunal; the Upper Tribunal; the Court Martial Appeal Court; and the English ecclesiastical courts.

Elsewhere, Scott Nelson at Consumer Law & Policy Blog discusses two Fair Credit Reporting Act cases the Court accepted yesterday that raise the question of whether a willful violation is established by proof of reckless disregard of the lLaw & Policy Blog discusses two Fair Credit Reporting Act cases the Court accepted yesterday that raise the question of whether a willful violation is established by proof of reckless disregard of the lawlaw.

The judges of the Supreme Court, courts of appeals, courts of common pleas, and divisions thereof, and of all courts of record established by law, shall, at stated times, receive, for their services such compensation as may be provided by law, which shall not be diminished during their term of office.

The judges of the Supreme Court, courts of appeals, courts of common pleas, and divisions thereof, and of all courts of record established by law, shall, at stated times, receive, for their services such compensation as provided for in [the Public Officer Compensation Commission system].