Sentences with phrase «fact and law concerning»

Mr. Ahmed - Kadir intends to raise arguments of fact and law concerning potential breaches under ss.

Not exact matches

Note on forward - looking statements: This press release and accompanying schedules contain «forward - looking statements» within the meaning of federal securities laws, including statements about earnings trends, estimates, and assumptions, and similar statements concerning anticipated future events and expectations that are not historical facts.
Note on forward - looking statements: This press release and accompanying schedules contain «forward - looking statements» within the meaning of federal securities laws, including statements about earnings trends, organizational and separation related efforts, estimates, and assumptions, and similar statements concerning anticipated future events and expectations that are not historical facts.
These statements are made as of May 3, 2012 and we undertake no obligation to publicly update or revise any forward - looking statement, whether as a result of new information, future events, or otherwise.: This press release and accompanying schedules contain «forward - looking statements» within the meaning of federal securities laws, including statements about earnings trends, estimates, and assumptions, and similar statements concerning anticipated future events and expectations that are not historical facts.
Note on forward - looking statements: This press release contains «forward - looking statements» within the meaning of federal securities laws, including the timing of and benefits resulting from the separation of Marriott International and Marriott Vacations Worldwide, and similar statements concerning anticipated future events and expectations that are not historical facts.
Note on forward - looking statements: This press release contains «forward - looking statements» within the meaning of federal securities laws, including the information concerning possible or assumed future results of operations, business strategies, financing plans, potential growth opportunities, potential operating performance improvements, benefits resulting from the separation of Marriott International and Marriott Vacations Worldwide, and similar statements concerning anticipated future events and expectations that are not historical facts.
The report went on: «The fact that so many Sharia rulings in Britain relate to cases concerning divorce and custody of children is of particular concern, as women are not equal in Sharia law, and Sharia contains no specific commitment to the best interests of the child that is fundamental to family law in the UK.
Through a series of brief questions at the end of his book, Sigmund invites liberation theologians to seek ways of fusing capitalist market «efficiency» with the «preferential love for the poor,» to consider how private property is not always oppression but may in fact free people from it, to develop liberalism's ideal of «equal treatment under the law,» to nurture the «fragile new democracies» in Latin America, and, finally, to develop «a spirituality of socially concerned democracy, whether capitalist or socialist in its economic form,» rather than «denouncing dependency, imperialism, and capitalist exploitation.»
The inequality of laws concerning punishment of suspicion of adultery, the pervasiveness of polygamy, the fact that women were viewed as property, the lesser value ascribed to baby girls, and the suggestion that women are more easily deceived than men are all striking problems for modern readers... and as Christians we should not underestimate the impact they may have on unbelieving seekers.
So can we expect similar policing of state schools concerning the fact that marriage has been defined in virtually all societies as involving a male and a female and that international law does not provide for same sex marriage?
Thus the «internal morality» of the law informs and guides a judge even though the «external morality» (interests) of contending parties must remain of no concern to him.49 Fuller finds a «natural law» rubric congenial for analyzing this process, a fact that bespeaks even more the degree of transcendency that the law takes on.
The fact that no action was taken in spite of the myriad of conflicts, the direct thwarting of US law as it applies to export controls, and the concerns raised makes Robert Muller complicit in the act.
Both houses of the Canadian federal government have passed a new law that when enacted will lift several years of uncertainty concerning the rights of American boaters and anglers on the St. Lawrence River, Lake Ontario, the Niagara River — in fact, on any border water of the two countries.
The lawyer argued in the third grounds that the CCT erred in law «when it abandoned the main purport of the recusal (disqualification) and ignored the submissions of counsel thereon only to begin to write a ruling comprised of facts and arguments that are only know to Justice Umar and not raised or introduced by any parties in order to arrive at a conclusion not urged upon him by any of the parties concerning the constitutional and statutory relationship between the AGF and the EFCC».
If we do decline your application on the basis of credit reference checks, we will inform you of this fact and provide you with contact details of the credit reference agency concerned as required by law.
«Everyone should be concerned about the well - being of animals,» said Strand, «but when we pass laws to regulate these operations, we need to make sure that our decisions are based on facts and sound reasoning, not propaganda.
The 2001 study shows this concern to be baseless, as no significant transdermal uptake of THC would occur even in a worst - case scenario of highly compromised skin and full - body application of hemp oil containing 10 ppm THC (the maximum limit allowed by Canadian law, while 5 ppm THC in hemp oil is in fact the informal industry standard).
In one sense, the Court's autonomy concern is based on a juristic fiction of a perfect legal system that contains no gaps or lacunae in the protective safety - net it offers to its subjects, and the glorified references to the principle of mutual trust and the EU's foundational values sound somewhat empty in light of arbitral practice and in light of the fact that arbitrary exercises of public power continue to take place within the internal market, with EU law having little to offer to the affected investors.
The fact that some lawyers lack the ability to appreciate these rather obvious subtleties of the English language is not the failure of the law society, but rather indicative of either a generalized aversion to the regulator engaging in any form of change management, or possibly the concern that a lawyer's personal and potentially reprehensible would come under scrutiny.
Experience, integrity, dedication and a commitment to representing the clients who need our help presenting their family law facts to the proper parties is our only concern.
At Breslin & Breslin, our experienced trial lawyers combine a thorough understanding of premises liability law with substantial experience in proving disputed facts concerning the condition of the property, the cause of the accident and the extent of the victim's damages.
Bill of Costs Bill of Costs (Tariff Items) Consent Form 18 Requisition — General Form 41 Subpoena Form 52.2 Certificate Concerning Code of Conduct for Expert Witnesses Form 80A Affidavit Form 91 Direction to Attend Form 124A Notice of change of solicitor Form 146A1 Affidavit of service Form 146A2 Affidavit of service — Personal Service Form 146B Solicitor's Certificate of Service Form 149 Tender of Payment into Court Form 171A Statement of claim Form 171B Statement of defence Form 171C Reply Form 171D Counterclaim against parties to main action only Form 171E Counterclaim against plaintiff and person not already party to the main action Form 171F Defence to Counterclaim Form 171G Reply to defence to counterclaim Form 171H Third Party Claim against a person already party to the action Form 171I Third Party Claim against a person not already party to the action Form 171J Third Party Defence Form 171K Reply to Third Party Defence From 223 Affidavit of Documents Form 255 Request to Admit Form 256 Response to Request to Admit Form 258 Request for Pre-Trail Conference Form 301 Notice of Application Form 305 Notice of Appearance — Application Form 314 Requisition for Hearing — Application Form 337 Notice of Appeal Form 341A Notice of Appearance — Appeal Form 344 Certificate of Completeness of Appeal Book Form 347 Requisition for Hearing — Appeal Form 359 Notice of Motion Memorandum of Fact and Law Model Bifurcation Order Model Jeopardy Order Motion Record Notice of Consent to Electronic Service Solicitor's Certificate of Expert Witness
Can someone explain the meaning of this sentence on page 14 of the majority opinion: «As far as the law is concerned, the judge could disregard the Guidelines and apply the same sentence (higher than the statutory minimum or the bottom of the unenhanced Guidelines range) in the absence of the special facts (say, gun brandishing) which, in the view of the Sentencing Commission, would warrant a higher sentence within the statutorily permissible range.»
«Art 34 TFEU... [does] not apply to national rules concerning the closure of shops that are enforceable against all economic operators pursuing activities within the national territory and that affect, in the same way, in law and fact, the sale of domestic products and of products from other Member States» (Pelckmans, para. 24)
We see that the Court rephrases the question to concern only the interpretation of EU law, and not application to the facts of the case (as the Hungarian Supreme Court phrased it).
Other concerns questioned whether the law school would have adequate physical resources and the fact that the proposal did not have a target student - to - faculty ratio.
Family law is a unique species of civil law for many reasons, but primarily because of: the frequency with which disputes brought to court concern social, psychological and emotional issues rather than legal; the almost complete absence of circumstances in which a specific legal conclusion invariably and inevitably results from a particular set of facts; and, the range of other areas of the law that may be concurrently applicable, such as contracts, tax, conflicts, real property, negligence, torts and trusts.
The competition was based on South African and international law and the fact pattern concerned a family law problem.
She has appeared in the following reported cases: S v S [2017] EWHC 1298 (Fam) involving a fact - finding about allegations of grave harm to the mother and the child and evidence from experts in Iranian family law; and Re: Rodwell [2016] EWHC 1731 (Fam), which centred on questions about whether the court had jurisdiction to make orders concerning the family.
If only we'd seen one press release this year or last from any of the major publishers even vaguely alluding to the fact that they have to work within various strictures and that there is a desire, however minimal, over time to develop a dialogue with China's authorities to talk about legal issues such as human rights environmental rights issues and a myriad of other social rights concerns, as well as other issues in the PRC, from housing law to dealing with the fallout of local government mismanagement after disasters such as the earthquake in Sichuan.
What concerns me, and has for a while now, is not so much whether this is licit or illicit conduct — that is, what the law has to say about violent video games — but the prevalence of violence in video games and their immense popularity as social facts.
These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.
'' (A) uthorities have drawn a distinction between legislative facts, those which help determine the content of law and policy, and adjudicative facts, facts concerning the parties and events of a particular case.
The fact that the [domestic Constitutional Court] gave a ruling on the compatibility of the provisions of national law... with the provisions of the [national] Constitution which the referring court regarded as constituting, in essence, the same regulatory parameters as [EU law] has no bearing on the obligation, laid down in Article 267 TFEU, to refer questions concerning the interpretation of EU law to the Court of Justice (C - 322 / 16, paras 21 & 23 - 25, references omitted and emphases added).
Secondly, the employment anti-discrimination Directives (Directive 2000 / 78 / EC; Directive 2000 / 43 / EC on the equal treatment between persons irrespective of racial or ethnic origin and Directive 2006 / 54 / EC on the equal treatment of men and women in employment) do not refer to obesity either, and the fact that this case concerns an area falling within the Union's competence (i.e. employment policy) «is an insufficient foundation for concluding that a Member State -LRB-...) is «implementing» EU law
Porter noted that in its 2013 caution for misleading advertising, the law society said that «facts have overtaken» the investigation and «for all intents and purposes the conduct which caused the Regulatory concerns has ceased.»
Review by a court of the reasonableness of a decision made by another repository of power «is concerned mostly with the existence of justification, transparency and intelligibility within the decision - making process» but also with «whether the decision falls within a range of possible, acceptable outcomes which are defensible in respect of the facts and law».
The SAC never accepted this case law and initiated a protracted conflict with the CCC: the decision commented here is in fact the 17th in the line, which concerns various aspects of the matter.
59 As several of the governments which have filed observations have pointed out, the opposite interpretation would lead to unjustifiable differences in treatment between Member States, according to how their national social security systems are organised, given that the «special» nature of a benefit such as the one at issue in the main proceedings — and, as a consequence, the fact that it falls within the scope of Regulation No 883/2004 — depends, inter alia, on whether the grant of that benefit is based, under national law, on objective criteria or solely on the state of need of the person concerned.
The mere fact that Regulation No 1829/2003 makes, according to the Commission, a distinction between the safety assessment of the food and feed concerned and the environmental risk assessment, including health risks linked to their presence in the environment, can not call into question the finding that the complaints made in the request for review which the Commission rejected in the contested decision, on the ground that they did not fall within the scope of environmental law, do in fact fall within the scope of Article 10 of Regulation No 1367/2006.
What appears to make this of no concern to the police or our law - makers is simply the fact that if any person is injured or killed, by law it is the fleeing suspects legal responsibility, thereby allowing any and all thrill - seeking over-zealous person with a badge to completely ignore all the technology we have and «Yee - Haw!
The fact there are 273 separate sovereigns, each with its own laws and public policy concerns gives rise to conflicting interests, some of which lead to litigation.
These comments accurately reflect the fact it is possible to ascribe different mandates to the courts and law societies when it comes to regulating lawyers: judicial regulation is concerned with the administration of justice, while law societies are charged with governing the profession.
The fact that lawyers who elect these benchers still don't get the principles and purposes of the law society, and contact the benchers with comments reflecting this, is of a far deeper concern.
But it is also concerned with whether the decision falls within a range of possible, acceptable outcomes which are defensible in respect of the facts and law.
As I read the sections and the authorities, both section 14 and section 14A are concerned exclusively with matters of fact provable by evidence, as opposed to matters of (English) law, in respect of which evidence is not admissible.»
In each of these judgments, the Court has sought to provide clarity with respect to a number of issues surrounding the scope of appellate powers, particularly insofar as the distinctions between questions of fact and questions of law are concerned.
After reviewing the case - law, the judge concluded that: • The changes proposed by the unit owner did in fact constitute additions, alterations and improvements to the common elements; • The board's decision to treat the proposed changes as substantial due to security concerns did not demonstrate any lack of good faith on the part of the board and did not constitute a breach of section 135 of the Act; • While the board's concerns about safety were reasonable, the board was not being reasonable in requiring a full - time security guard.
The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples cConcerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concernedconcerned,
The Human Rights Committee has indicated that equality «does not mean identical treatment in every instance», and that the Committee is concerned with «problems of discrimination in fact» not just discrimination in law.
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