Although the vicarious liability provision does not apply to harassment in employment, there is long -
established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»
Moreover, it would be an interesting addition to the analysis of the Deckmyn case to draw a comparison with the ECtHR case law which dealt with similar issues of balancing the copyrights and the right of freedom of speech (for example the recent case Ashby Donald and others v. France) and to established ECtHR case law on protection of political speech (which under
the established case law of ECtHR is given the highest level of protection).
Not exact matches
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.
In Canada, the notion
of plea bargains or immunity deals in exchange for co-operation are well -
established in criminal
law in
cases facing individuals.
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.
In neither
case does it reflect a disrespectful view
of divine
law (which both the Old and the New Testament see as grounded in divine grace), but rather it refers to what is bound to happen to the
law when we start «handling» it and using it to
establish our own righteousness rather than letting the rule and righteousness
of God dwell and become embodied in our midst.
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.
«In light
of the unforeseeable changes in
established first amendment
law set forth in recent decisions
of the United States Supreme Court,» the court said, «justice demands that we analyze the present
case in light
of the protections found in the Minnesota Constitution.»
The threat to this idea
of secularism arises form religious fundamentalism which is afraid
of insecurity through change in traditional religious dogmas, ritual practices
of purity and impurity in social
laws; the threat also comes from communalism which seeks political power for one's religious community or in the
case of Hindutva wants to
establish a Hindu state.
Thus, when the Court in Casey asks that its
case law be given the obedience due to the Constitution, and when it insists that, above all, it must remain loyal to its own recently
established precedents, it makes a reasonable request within the context
of the new constitutional regime.
However,
case law (Philips vg Brown (1980) unreported)
established that an Local Authority may make informal enquiries
of parents who are educating their children at home to
establish that a suitable education is being provided.»
The test
case is the first
of its kind and will
establish case law, demonstrating the extent to which the courts are willing to punish people who are breaking injunctions online, Whittingdale said.
This means that they are only subject to personal liability for money damages in
cases where the meaning
of the
law with respect to the situation in question is «clearly
established» which usually means that it involves a legal issue that has been resolved in a binding
case law precedent.
In
cases where the
law is not «clearly
established» a subordinate may generally defer to his superior's interpretation
of the
law and the constitution without fear
of civil liability in money damages to someone harmed as a result.
«If you curtail the power
of an elected official via a local
law you have to put it to a mandatory referendum and this would be a clear
case where the underlying authority to
establish fees is vested in the town board,» Sabatino said.
Left on the table from last session is a
law establishing a permanent special prosecutor for
cases involving civilian deaths at the hands
of police.
5.3 All the people
of Rep. of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»
of Rep.
of Cyprus (even the President of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»
of Cyprus (even the President
of RoC) MUST apply to the LEGAL SYSTEM of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»
of RoC) MUST apply to the LEGAL SYSTEM
of Northern Cyprus about an issue related with north Cyprus in order to take their cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in Law 67/2005, were to be regarded as «domestic remedies» of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»
of Northern Cyprus about an issue related with north Cyprus in order to take their
cases to the ECtHR: ECtHR 04.01.2011 decision: «the procedure before the Immovable Property Commission («IPC»), and further appeal to the «TRNC» High Administrative Court, provided for in
Law 67/2005, were to be regarded as «domestic remedies»
of the respondent State and that NO GROUND OF EXEMPTION has been established in that regard»
of the respondent State and that NO GROUND
OF EXEMPTION has been established in that regard»
OF EXEMPTION has been
established in that regard».
Considering the state's grounds
of appeal which stated, among other things, that the trial judge erred in
law when he stated that the prosecution woefully failed to
establish a prima facie
case against Woyome, Mr Justice Ofoe said that position was flawed.
Putland could improve his argument, and thereby this answer could be improved, with reference to
cases where the separation
of powers was
established in Australian
law (Arbitration Court's
case for example?)
The Ministry
of Justice has dismissed Mr Justice Mostyn's comments outright, saying his analysis «does not reflect the government's position» because it is inconsistent with both the charter and
established case law.
«This settlement shows our enforcement efforts have motivated major developers like Glenwood to embrace their obligations under the
law by making retrofits in thousands
of apartments, compensating aggrieved parties, and
establishing procedures to ensure accessibility at ongoing and future development projects,» Bharara said in a statement, noting this is the 10th
case of this kind his office brought against city landlords.
A
case involving a member
of the Woodstock Town Board has drawn attention to the local ethics
law, which seeks to
establish standards
of conduct for town officers, employees, and consultants, and to procedures followed by the volunteer board that administers and enforces the statute.
«For the purposes
of Your Lordship's record and because
of the public interest that this
case seems to unnecessarily attract, our proposal was made in accordance with
established laws and there is no fixation on Section 270
of the ACJA.
From the perspective
of the ICRC, Tidball - Binz explores the principles behind international humanitarian
law and forensic investigations, relying on
case studies and experience to
establish recommendations and best practices.
The creation
of Chapter 16 and the separation
of gifted education from Chapters 14 and 342 are not intended to circumvent the statutory protections afforded to gifted students by the School Code, nor is it the Board's intent to create a need to relitigate
case law already
established in this Commonwealth pertaining to gifted students.
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
The
case overturned the 1896
case of Plessy v. Ferguson in which the U.S. Supreme Court, in all its racist glory, claimed that state
laws establishing separate public schools for black and white students were acceptable.
As is typical with any new
law, after passage
of the ESSA, the federal agency responsible for administration and oversight — in this
case, the U.S. Department
of Education —
established regulations to make sure the intent
of the
law was properly applied.
(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.
Tell the class that, in the field
of law, a precedent is a rule
established in an earlier
case.
Judge Bucki granted that motion, noting that the exemption issue had not previously been litigated in this particular
case, so no «
law of the
case» had been
established to preclude the debtors from exempting the asset now.
In both
cases the intention
of the regulations and
laws is to
establish reasonable contract grades that appropriately represent the underlying value
of the commodity to potential investors, and to ensure that all transactions are conducted in an honest and sincere manner.
In summary, a strong
case can be made that the US emissions reduction commitment for 2025
of 26 % to 28 % clearly fails to pass minimum ethical scrutiny when one considers: (a) the 2007 IPCC report on which the US likely relied upon to
establish a 80 % reduction target by 2050 also called for 25 % to 40 % reduction by developed countries by 2020, and (b) although reasonable people may disagree with what «equity» means under the UNFCCC, the US commitments can't be reconciled with any reasonable interpretation
of what «equity» requires, (c) the United States has expressly acknowledged that its commitments are based upon what can be achieved under existing US
law not on what is required
of it as a mater
of justice, (d) it is clear that more ambitious US commitments have been blocked by arguments that alleged unacceptable costs to the US economy, arguments which have ignored US responsibilities to those most vulnerable to climate change, and (e) it is virtually certain that the US commitments can not be construed to be a fair allocation
of the remaining carbon budget that is available for the entire world to limit warming to 2 °C.
Vis.: [Coby]: «In the
case of the theory
of Anthropogenic Global Warming, what we do have is a theory (first conceived over 100 years ago) that is based on well
established laws of physics...».
In the
case of anthropogenic global warming, there is a theory (first conceived over 100 years ago) based on well -
established laws of physics.
For years, Bryan Garner has favored the use
of caselaw over
case law to describe precedent
established by judicial decisions.
But the trend is proceeding on a
case by
case basis... and has not lost sight
of the
established position
of the common
law that there is no general duty, universally imposed on all decision makers.»
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.
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.
First, the member state could argue that its obligations under EU
law take priority over its BIT obligations, in which
case the priority
of one obligation over the other can only be
established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction
of the tribunals which is a different matter).
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.
(2) The judicial dicta in the
cases deciding the ambit and scope
of the status
of EU citizenship and rights contained therein has
established that the telos
of the positive
law is to
establish a fundamental and autonomous status
of equality for all Member State nationals which guarantees a set
of political and economic rights implemented via secondary legislation;
The Court
of Appeal found that the
case law establishes that a trustee may pursue claims on behalf
of the bankrupt estate, but may not pursue the claims
of individual creditors.
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.
This is because the new version
of the EEA Agreement
established a new procedure to preserve the homogenous interpretation
of the agreement through the EFTA Joint Committee monitoring the evolution
of the Court
of Justice's
case law, and a mechanism analogous to the preliminary reference procedure whereby the Court
of Justice would be asked to give a ruling on the interpretation
of relevant rules in disputes between the Contracting Parties (Articles 105 - 111
of the EEA Agreement).
82 It should be noted at the outset that -LSB-...] the Commission took the view that, in order to
establish whether there was a guarantee for individual claims, it was appropriate, after examining the national legislation and
case -
law (see first part
of the second plea above), to begin by considering whether, in order to determine whether the procedure followed by a creditor
of [the EICC] in order to settle its claim in the event
of [the EICC] being in financial difficulty was comparable to that followed by the creditor
of an undertaking subject to commercial
law.
Due to changes in the
law, in order to bring a medical malpractice
case against a doctor, a preliminary finding
of physician negligence must first be
established.
Article 56 TFEU requires not only the elimination
of all discrimination against providers
of services on grounds
of nationality or the fact that they are
established in a Member State other than that where the services are to be provided, but also the abolition
of any restriction, even if it applies without distinction to national providers
of services and to those
of other Member States, which is liable to prohibit, impede or render less advantageous the activities
of a provider
of services
established in another Member State where he lawfully provides similar services (
Case C ‑ 475 / 11 Konstantinides [2013] ECR, paragraph 44 and the case - law cit
Case C ‑ 475 / 11 Konstantinides [2013] ECR, paragraph 44 and the
case - law cit
case -
law cited).
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
Since the
law provides that when probable cause is
established by police, blood or urine tests are required, then the refusal constitutes an element
of the
case against the motorist by failing to comply with the
law.