Sentences with phrase «established case law on»

Relying on established case law on the intersection between the distress remedy and termination, the Court stressed that for any given breach a landlord may elect to terminate or affirm the lease.

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).

«It's not infrequent grounds for a reversal... but there is a well - established case law on improperly selected juries.»

Not exact matches

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.

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.

«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.

By law they can drop you on in most cases if they can establish that the property has been vacant for more that 30 days.

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.

The Court should decide the case based on established law, and the law says Mr. Brown's claims have no merit.

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.»

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.

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).

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 citCase C ‑ 475 / 11 Konstantinides [2013] ECR, paragraph 44 and the case - law citcase - law cited).

Not to mention, our law firm operates on a contingency fee basis in auto accident cases, which means that we will not charge you unless a successful verdict or settlement has been established and you are properly compensated.

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

The State's courts have shown no reluctance to strike punitive damage awards in cases where punitive liability is not established, so that defendant qualifies for judgment on that issue as a matter of law.

In order to collect a monetary recovery as a result of a personal injury case, Mississippi law mandates that a litigant establish negligence on the part of the culpable party.

Since the first edition, the number of decided cases has not abated, and the law continues to develop and evolve, with cases throwing up novel problems, and shedding further light on established principles.

The Law Society's Standing Committee on Family Law took the view that the court would have to consider conduct at large in every case to establish whether it was such that it would be inequitable to disregard it.

Be this as it may, the case - law continues to classify business practices in categories depending on their form, and this in turn determines the corresponding legal tests for establishing whether the practices in question are abusive or legitimate.

It was established following the Norman Conquest, but to say that it was based on the French system of law overstates the case.

It could be argued that the ECJ had not been able to properly establish the scope of Article 101 TFEU by declaratory judgment, in accordance with the principles of civil law on which the EU legal order is supposedly based, as there was no earlier case in which it could «clarify» this.

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).

So, ignoring the every day English language meaning of the words, is there in fact a clear and precise definition of «assault» (in which case some sources are simply using it incorrectly), or do I just need to accept that there is confusion, even within the law itself, and rely on context to establish in any given instance which meaning is meant?

At the Law Offices of Mickey Fine we work with industry experts to conduct investigations into farm accidents, allowing us to establish liability and build a strong case on your behalf.

While the criminal justice system will work and fight for justice on your behalf in most cases, there remain some wrinkles in established practices and law that may obstruct efforts to seek justice in cases involving sexual abuse crimes.

This doctrine, based on an established line of case law from the US, states that it is necessary to take account of the aim of a provision when determining its legality.

It is well - established case law that Member States can only justify distinctly applicable measures by relying on the express derogations contained in the Treaty which in turn are interpreted narrowly.

Prior to establishing her law firm Ms. Flowers worked as a Student Attorney at the Ramsey County Attorney's Office in the Felony Prosecution Division on hundreds of cases.

One of the provisions provided: «Negative comments on the internal operations of the bureau, or specific conduct of supervisors or peers that impacts the public's perception of the department is not protected by the First Amendment free speech clause, in accordance with established case law.»

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.»

This interpretation goes against established case - law (LSG v Tele2 and UPC Telekabel v Constantin, see also Mc Fadden v Sony Music, as discussed on this Blog) which has traditionally interpreted the notion of intermediary rather widely by allowing injunctions also against subsequent communications to the public.

He then established his own law firm specifically to take on personal injury cases, completely dedicating his life to helping victims of all types of accidents.

The question on this appeal is whether the trial judge erred in law in the manner in which she addressed what remained of the Crown's case: that the driving was such a marked departure from the standard expected as to establish mens rea on an objective basis by inference and attribution, and that the respondent's own evidence did not support an exculpatory defence.

That article codifies the ECJ's case - law on implied exclusive treaty - making powers, and in particular the AETR doctrine which establishes such competence if the conclusion of the agreement in question «may affect common rules or alter their scope».

The above steps could assist in determining what a reasonable settlement amount might be in a family law case, a civil personal injury case or any area where a body of decisions is available, and awards are typically granted on an established set of criteria.

Case law It is established case law that payment by a third party will not be sufficient to discharge the debtor unless it is made by the third party, as agent, for and on account of the debtor and with his prior authority, or subsequent ratifi cation (see Simpson v Eggington (1855) 10 Exch 845; Smith v Cox [1942] 2 KB 558; and Crantrave Limited v Lloyds Bank Plc [2002] All ER (Comm) Case law It is established case law that payment by a third party will not be sufficient to discharge the debtor unless it is made by the third party, as agent, for and on account of the debtor and with his prior authority, or subsequent ratifi cation (see Simpson v Eggington (1855) 10 Exch 845; Smith v Cox [1942] 2 KB 558; and Crantrave Limited v Lloyds Bank Plc [2002] All ER (Comm) case law that payment by a third party will not be sufficient to discharge the debtor unless it is made by the third party, as agent, for and on account of the debtor and with his prior authority, or subsequent ratifi cation (see Simpson v Eggington (1855) 10 Exch 845; Smith v Cox [1942] 2 KB 558; and Crantrave Limited v Lloyds Bank Plc [2002] All ER (Comm) 89).

Rather than making recommendations, the report proposes a model of dispute resolution based on the organization being very clear on eight key principles case law has already established:

He has been involved in more than 40 insurance - related appeals, including recently successfully arguing the first Hurricane Sandy - related insurance coverage case heard by the New Jersey Supreme Court and a case in the First Circuit establishing the law on critical issues of liability insurance coverage.

As reported on our Local Government Law blog, the Court of Appeal reined in the effect of the Supreme Court decision, pointing out that it merely endorsed established principles and provided an illustration of their application to the facts of that case.

These may be set based off state and / or federal legislation as well as case law, which is established based on the outcome of former cases.

According to the ABCA, based on established case law (RM v JS, 2013 ABCA 441 (CanLII)-RRB-, the exercise of a court's discretion to consider the wishes of a child is dependent on two pre-conditions: i) that the child objects; and ii) that the child has attained an age and degree of maturity at which it is appropriate to take account of the child's views.

After working on more than 10,000 cases with litigators from all of the U.S.'s major law firms and most largest law firms from around the world, our litigation consultants have proven and established their eminence.

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

providing legally sufficient service of court filings on other attorneys and unrepresented parties to a court case (and, if and when authorized by law, service of process on defendants or respondents to establish the court's jurisdiction over them under principles of due process of law), and

Michelle N. Daly, Esq. has developed an independent law practice by taking on cases from several legal areas; cases include estate planning, drafting contracts, negotiating contract disputes, criminal defense, personal injury, landlord / tenant cases, traffic cases, business creation and development, establishing legal entities, LLC filings and publication, and mediations, among others.

It is the reasoning on the scope of Art 6 that is likely to be of most significance when the principles established in this case are transposed into domestic law.