Sentences with phrase «established by precedent»

With respect to the appropriateness of the JSR sentence, the Court of Appeal confirms that, where a proposed sentence (reflected in a true plea bargain) also fails within the sentencing range established by precedent, it should not be rejected lightly.

Not exact matches

«A ruling by a single judge in one circuit can not and does not undo the years of clear legal precedent nationwide establishing that transgender students have the right to go to school without being singled out for discrimination,» said a statement from five groups, including the American Civil Liberties Union (ACLU), that have filed «friend of the court» briefs on behalf of transgender students.

Ben & Jerry's sets a precedent by discovering a little - known clause about stocks and brokering, then establishing a Vermont - only public stock offering to raise money for a new manufacturing plant.

Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Historians have wrangled over whether George Washington established precedent by adding the phrase on his own during his first Inaugural acceptance, but the Library of Congress website states he did.

In attempting thus to establish analogy, of course, Hartshorne follows a precedent long since set by classical metaphysics and theology.

You can create any scenario with imagination, by presenting the most basic moral question and adding fantasy or some ambiguous situation but let's establish the most generic to create a precedent.

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

He himself, although chosen by an assembly in Germany at the instance of Henry III, refused to assume the functions and title of Pope until after he had entered Rome garbed as a humble pilgrim, his election was confirmed, according to long - established precedent, by the people and clergy of the city.

By unloading Yi, Milwaukee would establish a disconcerting precedent for commissioner David Stern as he embarks on what promises to be a highly profitable relationship with China.

We now have a precedent that has been established by this Senate, and so I think we should review whether or not these facts trigger that precedent and whether or not we need to take further action and move forward with some sort of task force,» Lanza told our Erin Billups yesterday.

The current precedent (established by Alec Douglas - Home) is the PM must be a member of the commons.

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.

Brown's gamble — to strike out by himself to search for fossils in a foreign land — established a precedent for his expeditions and launched his legendary career..

«It's a case where you have industry trying to establish a precedent for itself by hiding behind sick people,» says Sean Moulton of OMB Watch, a Washington, D.C., nonprofit.

Book - length film studies by amateurs can be traced back to Salman Rushdie's 1992 The Wizard of Oz, the volume that launched the BFI Film Classics — possibly the most bountiful book series in the history of film criticism in any language, and one that sums up some of the gains criticism generally can boast over the same period, when DVD extras, building on the precedents established with laserdiscs, started to become institutionalized.

By changing the orientation of the painting without the consent of the artist, the Whitney Museum establishes a dangerous precedent.

In the catalogue text for Four Abstract Classicists, Langsner noted the precedent for their reductive geometry established by the founders of geometric abstraction Kazimir Malevich (1879 - 1935) and Piet Mondrian (1872 - 1944).

Designed by the French - American artist Marcel Duchamp as an elaborate prank poking fun at the American avant - garde, the work established a precedent that forever redefined what constitutes a work of art.

That photograph, of the fixed path left by his feet repeatedly traversing a section of grass, established a precedent that art could be a journey.

While these women continue to be the black sheep who strayed from the established feminist flock, today they provide essential performative, discursive, and iconographic precedents for a host of contemporary art practices that explore hardcore, sex - positive terrain — from Jeff Koons's «Made in Heaven» series to more recent porn - inspired work by John Currin.

Co-curated by Pollock Gallery Director Sofia Bastidas and urban theorist Guillermo León Gómez as part of the ongoing research of Port to Port, WIDE OPEN explores the historic precedents and free market visions established in past centuries that have helped form today's landscape in Dallas.

According to an article in the Wall Street Journal, companies could use this contradictory ruling by the SEC to establish a precedent for blocking similar proposals.

The legislation would settle ongoing joint employer confusion by reinstating the longstanding joint employer precedent that established a bright - line rule based on «direct control.»

Three times in two years, the Supreme Court has overturned precedent established by the Federal Circuit — the very court created to help bring uniformity to patent law.

For years, Bryan Garner has favored the use of caselaw over case law to describe precedent established by judicial decisions.

The necessary components for such a management structure already exist, which include the precedent set for such a «law societies» civil service» by Ryerson University in Toronto and the University of Ottawa by establishing LSUC's bilingual LPP (Law Practice Program); see: Access to Justice — Unaffordable Legal Services» Concepts and Solutions» (SSRN pdf., August, 2017).

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:

However, that precedent also established a list of other factors, all of which could be considered in this case, including: how regular the gifts are (or whether there were circumstances that made them exceptional); how many years they had been given by the parents to the husband; whether they were part of the family's income and lifestyle while the couple was together; the income generated by the gifts relative to the husband's entire income; their true purpose and nature; and whether they are likely to continue.

Established new precedent in North Carolina by obtaining dismissal of all extra-contractual claims against a surety company on performance bonds.

Established new precedent in North Carolina by obtaining favorable ruling from the 4th Circuit Court of Appeals holding that no implied warranty claims could be brought against manufacturer of component parts incorporated into construction project.

It is now well established that the obligation imposed by HRA 1998, s 2, which requires UK courts and tribunals to «take into account» the decisions of the Strasbourg institutions, means that although those decisions may well be persuasive, they are not binding precedents.

«This judgment has not only established that NNPC is free to advance its case that the award had been procured by fraud, but it also gives legal clarity and precedent regarding the attaching of conditions to the raising of a defence to the enforcement of an international arbitration award.

The Congressional recognition of military commissions and its sanction of their use in trying offenses against the law of war to which we have referred sanctioned their creation by military command in conformity to long established American precedents.

The ruling established an important legal precedent that lawsuit lenders must play by the same rules as other lenders in the state.

Rather, personal injury cases that involve dog bites are governed by other cases that have established legal precedent in the state.

The SCC had to grapple with the issue of when a lower court can depart from a precedent established by a higher court.

«[T] he CFPB Director's autonomy is consistent with a longstanding tradition of independence for financial regulators, and squarely supported by established precedent.

Claims brought by a person on behalf of a group of persons to establish a precedent on a particular point of law («test cases»)

The Lawrence case does not alter the legal landscape by reversing well - established precedent.

[32] In order to address this allegation of irreparable harm it is necessary to isolate the harm that is said to arise from the precedent established by the judgment of the British Columbia Supreme Court, on the one hand, from the harm said to result from the refusal to stay that judgment pending the hearing of the appeal, on the other.

If the preemption provisions of this regulation do not apply, the covered entity must comply with the requirements or limitations established by such other law, regulation or judicial precedent.

This Court, on an application for a stay, can not deny the existence of the precedent established by the judgment below or pronounce upon the merits of the appeal, except to say that the appeal is not devoid of merit.

[31] Google argues, rather, that it will suffer irreparable harm as a result of the precedent established by the granting and enforcement of the injunction.

Ng Ariss Fong has established precedent - setting cases concerning the necessity of mental culpability for findings of professional misconduct in BC, the right of professionals to maintain anonymity during appeal processes, errors in reasoning by tribunals, and public interest factors bearing on name publication decisions.

Since it was well established that a cause of action for a sum recoverable by virtue of an enactment accrued although it remained to be quantified (see Hillingdon London Borough Council v ARC Ltd [1999] Ch 139) there was no good reason for construing reg 86 (1) in such a way as to make quantification a condition precedent to recovery in this case.

While continuing the multi-year trend of the top case offering more smiles than value in the form of binding precedent, Duncan nonetheless distinguished itself by eclipsing not only the 19,149 consultations in 2012 of Langevin, 2012 QCCS 613 and the 18,641 peak established in 2011 by Bruni v. Bruni, 2010 ONSC 6568, but it beat their combined total by roughly 30 %.

Now, what you'll hear about this one is a bit technical: that the Supreme Court in 2005 made a major decision known as «Brand X» establishing the precedent that, in case of ambiguity in the law (like how broadband companies should be defined), the courts would defer to any reasonable interpretation made by an expert agency like the FCC.

The hope was that the precedent set by the CBOE and CME could make more of a case of the established nature of Bitcoin.