Sentences with phrase «established by case»

«If there isn't a clear, bright line in a statute or established by a case, you look to industry practice, and when a court looks to industry practice, very often it looks to the Code of Ethics.»

For me, if I'm researching proposition X established by case Y, there will be times where the research isn't complete until I'm satisfied that I've located both the relevant cases that expressly refer to case Y and cases that don't mention case Y but whose result necessarily means the judge had to have applied proposition X. Or, at the lower levels, the result would have been different had the judge been apprised on case X.

Some financial advisers and even lawyers may not be aware of these cases because sometimes it takes time for the principles established by case law to work its way into day - to - day practice.

This is a question of fact, taking into consideration the «badges of trade» as established by case law.

Mary: Much of what I do in addressing legislative proposals is preventative, because the contractors» and subcontractors» industry groups are very active in pushing for legislative remedies to principles established by case law in Washington State.

This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA -02-C-0072, 7th Circuit Court, Sept 2004..

Our research indicates that both educators and students understand the former's authority to be more limited and the latter's rights more expansive than has actually been established by case law.

Tsilhqot» in confirms that prior to the establishment of title by either court declaration or agreement, the Crown is required to consult and, where appropriate accommodate, Aboriginal groups asserting title to land in accordance with the principles established by cases such as Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, [2010] 2 SCR 650 (at para 89).

Judicial review of injury to dignity awards is not to be approached in the same manner as a quantum appeal in a personal injury case, where the Courts consider whether the award «was a wholly erroneous estimate of the loss by comparison to the range established by the cases».

Not exact matches

But it's also the case that large, established providers can design and develop aggregated solutions that are right in their wheelhouse and then help to amortize and distribute some of their own investment by licensing or otherwise making these tools available to others in the marketplace — including many of their own customers and even in some instances competitors.

Gillibrand was endorsed Tuesday by End Citizens United, a political action committee established in 2015 to push back against the results of the 2010 court case.

In its decision, the 9th Circuit cited a previous case establishing that «circumstantial evidence of intent, including... statements by decisionmakers, may be considered in evaluating whether a governmental action was motivated by a discriminatory purpose.»

While it's certainly more difficult in most cases to attract investors to a start - up rather than to an established venture, it's not impossible if you have the right business idea at the right time backed by an impressive business plan.

In many cases, students can set their own schedules, simply meeting the due dates established by the course instructor.

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.

Furthermore, the Fed would like to adhere to the so - called «Taylor Rule» (in spite of Professor Taylor's protestations that it is misinterpreting and misusing his concept), a mathematical construct that purports to make monetary policy more «scientific» by establishing an arithmetic rule for varying the administered interest rate according to the variance of «actual from target inflation» (note that «inflation» refers to the change in a price index in this case, not the phenomenon of inflation of the money supply as such), as well as the variance of economic output from «potential output» (i.e, the so - called «output gap» is incorporated in the formula as well).

You would think it would be easy enough to create a new and interesting name in the cryptocurrency space but here is a case where one cryptocurrency entrepreneur is being challenged by an established business for a possible misconceived use of an established business name....

As George put it to me, «people at Duke made huge mistakes in the Lacrosse case by rushing to conclusions, publishing declarations, and holding solidarity events before the facts were fully established; we were determined not to make those mistakes.»

That means in every case where the validity of such a claim was established by objective evidence it was determined to be false.

Secondly, it is no longer the case that «multiplicity requires that any unity it may have be established for it by some outside agency»; 6 it requires only a «mobile, immanent principle of auto - unification» (LS 102) through disjunctive synthesis.

The right to an abortion has been established by the Supreme Court, NO case since has swayed the Court to reverse that decision.

Nor are there lacking among most peoples some legal requirements established by the gods, as in the case of the Mosaic and Levitical law in the Bible.

But Christianity, which is the first discoverer of the paradoxes, is in this case also as paradoxical as possible; it works directly against itself when it establishes sin so securely as a position that it seems a perfect impossibility to do away with it again — and then it is precisely Christianity which, by the atonement, would do away with it so completely that it is as though drowned in the sea.

We pointed out above that this is a difficult factor to assess in the case of gospel relationships because of the difficulty of establishing original texts, and because of the possibility of parallel free tradition living on side by side with the written gospels and influencing them at various stages.

One rather begins with the Creator and the order of creation («Nature and Nature's God»)- in the case of the Founders, the biblical God, even if for Jefferson and a few others attenuated by Enlightenment rationalism - from which understanding certain truths are established as self - evident.

The situation in Europe, including Britain, is more nuanced than that in North America, largely because Europe's Muslim populations have a longer and more established social and political history in nations where Muslims (of the theological left, right and center) are represented by sophisticated networks of» mosques and political NGOs that defend the rights of Muslims and shape their participation in civic life, including the introduction of Islamic law for civil cases.

But in any case the value of these forces would have to be determined by their effects, and the mere fact of their transcendency would of itself establish no presumption that they were more divine than diabolical.

This single case of many (try Copernicus Darwin etc.) establishes a precedent of denial of observable science by Christianity.

The jury must determine whether the facts of the case as established by testimony in court fit the legal definition of the offense with which the defendant is charged — a definition likely to be complicated at best, incomprehensible at worst.

The use by Luke and Matthew of these sources can be demonstrated because, in the case of Mark, the source itself is available, and a comparison of the texts of the three gospels leaves no reasonable doubt as to its employment in the other two gospels; in the case of Q, although the original document has not survived, the occasional verbal agreement in «non-Marcan» passages of Matthew and Luke is such as to show that a document existed, although its extent can only partially be established and the possibility always remains that more than one document was used.

The Government, the VFF, and the likes of Hunt keep repeating that all pig and poultry farms have always needed to get a permit, however, they fail to acknowledge that requirement was only recently established by a VCAT case in 2015.

«In particular, the ACCC has noted the acceptance by the Court of the evidence given by Woolworths executives, and the Court's comments on the ACCC's reliance on documents to establish its case.

The little industry is but a year old, yet its product was two thousand cases, of six dozen to the case, and will be double that this year, as by this time the humble plant is enlarged and transferred to Los Angeles and established in better quarters, with a well known firm to see to the marketing of its output.

In proper season, somewhere in the grass or rubble, the visitor may come upon Harold (Sonny) Henderson, a genial 46 - year - old Scots - English - Polynesian whose eminence as a hunter is well established but is — as is the case with many active Hawaiians — rather obscured by peculiar distinctions in several sports.

Interestingly, the roster - strengthening moves made by the Monster Six were similar — in each case a team landed established veteran players, sometimes sacrificing young players and first - round draft picks to get them.

Or it may be established at a later age, especially in cases where the children are mentally or physically challenged to the extent that they're unable to support themselves or make their own decisions; or in situations previously agreed upon by the parents.

We can accommodate on a case - by - case basis in order to establish the best strategy for a successful summer camp experience!

The report recommended that a system of trial by secret tribunal be established to try terrorist cases.

A case in point is the Sinking Fund established by the NDC government through which over US$ 350 million has been realised to help pay off the US$ 750 million Eurobond floated by the NPP in 2007.

An advertiser's announcement in the media on Tuesday entitled: «In the investigative committee (Article 146); In the matter of a petition by Anas Aremeyaw Anas for the removal from office of Justice John Ajet Nassam», the committee noted: «You are hereby notified that following a prima facie case established against you on allegation of misconduct for ex-parte discussion with one party on a case pending before you...»

The NPP presidential candidate, further explained that the Special Prosecutor, would be established by Act of Parliament, to be independent of the executive, and to possess «an exclusive remit to investigate and prosecute certain categories of cases and allegations of corruption, including those involving alleged violations of the Public Procurement Act and cases implicating political office holders and politicians.»

A win by Gonzalez would help re-establish the WFP in Albany and also solidify its standing in NYC as a vehicle for reform against the well - established so - called Democratic «machines» in the outer boroughs — particularly Brooklyn and, in the case of the 2009 NYC Council elections, in which the WFP teamed up with HTC and 1199 against party - backed candidates, Queens.

Subsequently the African Human Rights Court after studying the case of Mr.Woyome has also established a prima facie case against the state and has ordered the state to appoint its lawyers by Tuesday 8th August, 2017 and then thirty clear days thereafter to file its defence.

BerlinRosen, in case you've forgotten, was established by former DSCC staffers Valerie Berlin and Jonathan Rosen following the 2004 election cycle, in which the Democrats picked up four seats.

But there is no mechanism for calling elections to replace them in such a case; no matter how they leave office, the president would be replaced according to the well established line of succession, and the new president would appoint a vice president subject to confirmation by both houses of congress.

The report said, «the committee having established a case of contempt against Mr. Mahama Ayariga as well as having examined the sanctions regime available, recommends to the House... that the Hon Member for Bawku Central, Mr. Mahama Ayariga, be reprimanded by the Rt..

Bratton noted that the attorney general's office would be part of the investigation into the case, as part of the protocol established by Gov. Andrew Cuomo.

His case, which is being supported by Dignity in Dying, hopes to establish that the current law is incompatible with the Human Right Act 1998, specifically with regard to Article 8 on the right to respect for private and family life.

After the case became public, Mangano, a Republican, issued executive orders, later passed into law by the county legislature, that established the lobbyist registry and required lobbying disclosure with each contract given to lawmakers.

A prima facie case is the establishment of a legally required rebuttable presumption, and a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favour, provided such evidence is not rebutted by the other party.