Sentences with phrase «following state statutes»

If not, following state statutes is a good idea.
Worse, the results of following the state statutes may differ dramatically from the desires of the decedent and the family, adding insult to injury.
In the absence of a will, the court has no idea what the decedent's wishes were; therefore, the courts strictly follow the state statutes regarding the property and the children.

Not exact matches

Startups should be careful to follow state and federal statutes otherwise the penalties could be great and the unwanted publicity significant.
Following the logic in Romer, the Supreme Court can in time strike down state statutes barring polygamy, sodomy, and incest.
The Federal Rules of Criminal Procedure (Rule 26) provide that in the absence of statute or rule, the court shall follow «the principles of the common law as they may be interpreted by the courts of the United States in the light of reason and experience.»
It's state law in all 50 states though all states have statutes to follow which differ and are more or less severe.
«Illinois is one of the most surrogate - friendly states if not the most surrogate - friendly, especially in terms of certainty and the ease of the process, as long as you follow our statute,» said Heather Ross, a partner in the Northbrook law firm of Ross & Zuckerman LLP, specializing in third - party reproductive arrangements.
The extent to which the state controls the primary election machinery appears from the Texas statutes, as follows: Art. 3118, Vernon's Texas Statutes, provides for the election of a county chairman for each party holding a primary by the «qualified voters of the whole county,» and of one member of the party's county executive committee by the «qualified voters of their respective election precinctsstatutes, as follows: Art. 3118, Vernon's Texas Statutes, provides for the election of a county chairman for each party holding a primary by the «qualified voters of the whole county,» and of one member of the party's county executive committee by the «qualified voters of their respective election precinctsStatutes, provides for the election of a county chairman for each party holding a primary by the «qualified voters of the whole county,» and of one member of the party's county executive committee by the «qualified voters of their respective election precincts.»
State statutes require that congressional and state legislative districts meet the following criteria:State statutes require that congressional and state legislative districts meet the following criteria:state legislative districts meet the following criteria: [35]
State statutes mandate that both congressional and state legislative districts meet the following requirements:State statutes mandate that both congressional and state legislative districts meet the following requirements:state legislative districts meet the following requirements: [33]
Following the attacks coming his way over the effigy of Jacob Zuma in Owerri now that the immediate past South African president has resigned, the Imo state governor, Rochas Okorocha has insisted that the statute would remain as Zuma is not the first public office holder to resign from office.
All schools must follow state and federal statutes as well as other regulatory requirements outlined by MDE and local government.
A noninstructional contractor for whom a criminal history check is required under this section may not have been convicted of any of the following offenses designated in the Florida Statutes, any similar offense in another jurisdiction, or any similar offense committed in this state which has been redesignated from a former provision of the Florida Statutes to one of the following offenses:
Its policy to have all public education follow the same state statutes and regulations with oversight by elected school boards differs from many choice groups.
Charter schools, like all public schools, must follow Washington state and federal health, safety, civil rights, and anti-discrimination laws, as well as Washington state K - 12 education statutes, including the Common Core State Standstate and federal health, safety, civil rights, and anti-discrimination laws, as well as Washington state K - 12 education statutes, including the Common Core State Standstate K - 12 education statutes, including the Common Core State StandState Standards.
MAVERIK EDUCATION LLC provides consultation in the development of academic programs that are funded and governed under federal and state statutes that address the following:
A state or federal requirement, imposed by statute or rule, applicable to an open - enrollment charter school operating under the TEC, Chapter 12, Subchapter D, including, but not limited to, the requirements listed in TEC Section 12.104 (b), and in the following Education Code statutes:
North Star Charter School determines our own curriculum, school schedule and policies based on statutes from the Idaho State Department of Education (with the exception of our Special Education program, which follows Meridian School District policy).
This will include the following Hein libraries: Law Journal Library, Session Laws Library, State Attorney General Reports and Opinions, and State Statutes: A Historical Archive.
Bonus: LastPass includes a dead - man switch, so when I die (or if I'm incapacitated), my spouse can get access to all of my online accounts, helping avoid digital death problems (especially where state statutes follow UFADAA).
Assume that Mr. Grutman's proposed test is as follows: «If the state long - arm statute is satisfied and defendant has engaged in purposeful conduct directed at the forum state out of which conduct the cause of action arises, and that conduct satisfies the minimum contacts under which substantial justice and fair play make it reasonable to hail defendant into court there, and the forum state has an interest in providing a forum to the plaintiff, then the forum has personal jurisdiction over the defendant for that cause of action.»
The pertinent section of the Colorado Revised Statutes (2016), strongly influenced by the language of the Model Penal Code (which never adopted in full by any state but highly influential stylistically in how U.S. criminal codes are drafted) is very typical of the majority rule regarding the defense of others and reads as follows (emphasizing the language relevant to the scenario in the question):
An adverse decision comes under a two-fold attack in the following student brief on a state statute prohibiting unmarried couples from adopting.
It is important for you to take the following steps as quickly as possible because your time for pursuing a claim is limited by the state statute of limitations.
If a suspect is not present in a state to be criminally prosecuted, then the options available to a state are (1) to toll the running of the statute of limitations while the suspect is outside the state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent state to be criminally prosecuted, then the options available to a state are (1) to toll the running of the statute of limitations while the suspect is outside the state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent state are (1) to toll the running of the statute of limitations while the suspect is outside the state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent State Constitution and reads as follows in the pertinent part:
Currently, most states have enacted statutes following the common law, but a few have forbid aliens, ineligible for U.S. citizenship, from holding or acquiring real property.
It is true, that the courts of justice of the United States are vested, by express statute provision, with power to fine and imprison for contempts; but it does not follow, from this circumstance, that they would not have exercised that power without the aid of the statute, or not, in cases, if such should occur, to which such statute provision may not extend; on the contrary, it is a legislative assertion of this right, as incidental to a grant of judicial power, and can only be considered either as an instance of abundant caution, or a legislative declaration, that the power
Texas Appleseed and pro bono attorneys from Locke Lord LLP researched and reported on the wide range of criminal discovery practices in Texas in the months following Morton's release — recommending ways to reform and uniformly apply the State's criminal discovery statute.
«to decide the question unnecessarily or rest our decision on the unstable foundation of our own construction of the state statute which the state court would not be bound to follow.
We do not endorse or specifically approve any of these factors for consideration, but merely provide the following [cases and statutes from other states] for consideration in determining whether a child's best interests are served..
Although today most real estate laws are based upon federal and state statutes, there are still cases in which there are unique issues which arise that require judges and lawyers to follow the decisions of judges which were established under the common law system.
In the state of California, the statute of limitations, or the time you have in which to file a personal injury claim following an accident caused by the negligence of another is two years from the date of the accident.
Following the introductory section to the U.S. Code's chapter on judicial review of administrative agency decisions (5 U.S.C. Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion by law.
Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»
If you can't find a specified procedure for dissolution in your documents, then follow the procedure outlined in your state statutes.
And as state legislatures pass statutes to clarify their laws in the wake of Hudson, the Blog could follow the legislative developments.
The Statement of Principles follows the usual model in the UK of being just that, rather than a detailed and prescriptive code; as the introduction states, «it is not intended to be prescriptive, like the contents of a statute; rather it is of the nature of guidance and should be seen as such `.
(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.
Dog owners are liable for any injuries their pets cause in the following instances: if the owner knew the dog had a tendency to cause that kind of injury; if a state statute makes the owner liable, whether or not the owner knew the dog had a tendency to cause that kind of injury; or if the injury was caused by unreasonable carelessness on the part of the owner.
This Florida Department of Highway Safety & Motor Vehicles - approved course is applicable to a driver whose driving privileges have been suspended by the State of Florida for excessive points as indicated or as an habitual traffic offender (non-DUI related), or by court order per the following sections of Florida Statutes: 322.264 — Habitual Traffic Offender (HTO); 322.27 — authority of department to suspend or revoke license; 322.291 — driver improvement school required in certain license suspensions and revocations.
State statutes require RV owners to carry the following minimums in liability coverage:
Each state has its own traffic statutes that must be followed and respected.
Directed claimant toward necessary treatment and to follow all items involved to be in compliance with the state statutes.
Delegation of the Administration of Injectable Medication Alaska State Medical Board: Delegating to Medical Assistants (Unlicensed Assistive Personnel) Statutes and Regulations: Medical (January 2017) Statement from Legal Counsel Balasa: Note the following from page 32 of the Statutes and Regulations document, which is in the regulations section:
Non-Profit Program and Operations Coordinator — Duties & Responsibilities Lead through example with consistent work ethic, attitude, and professionalism, while executing various program administration functions, overseeing operations and ensuring both efficient organizational communications and processes Collaborate in all phases of strategic planning with other members of management team, including program mission, marketing and public relations, vendor and volunteer management, member services and systems implementation Demonstrate leadership with respect to program direction, fundraising strategies and project management Provide continuous assessment of key considerations, potential issues, and the utilization of available resources, while furnishing oversight and guidance regarding effective donor recruitment and recognition strategies Perform needs - based and situational assessments of policies and procedures to evaluate program effectiveness, improve operational efficiency, manage and reduce costs, and promote both staff and member satisfaction Utilize talent among team members with focused training efforts, effective collaboration and the promotion of a performance - based work environment that leverages individual talents for group benefit Employ support staff to aid in effective marketing, relations, administration and program operations, delegating important tasks and assignments while providing timely follow - up to ensure task completion Facilitate the effective execution of all related administrative and financial aspects of non-profit management, while analyzing and presenting important information to executives, stakeholders and other relevant parties Ensure the organization and maintenance of relevant information in confidential, secure, and efficient manner as well as adherence to all stated laws, statutes, policies, procedures and guidelines with application in the non-profit arena Support the creation and implementation of organizational marketing and operations strategies while tracking performance versus internal and external benchmarks, focusing on both program growth as well as cost management Develop and maintain a strong working knowledge of related products, services, techniques and relevant tools
Minimum of 3 yrs in good standing and licensed practice in the following professions: (a) a licensed marriage and family therapist in Vermont; or (b) a marriage and family therapist in another state who would meet the Vermont licensure requirements; or (c) a licensed clinical social worker in Vermont, or in another state who would meet the Vermont licensure requirements; or (d) future provision: If permitted by statute, the Board may, where a qualified marriage and family therapist is not reasonably available, permit a person licensed as a clinical mental health counselor, clinical social worker, psychologist, or psychiatrist to serve as the supervisor.»
After Arizona's successful move to Shared Parenting in 2012 — attorneys now tell fathers they have a 90 % chance their children will be awarded equal time with both parents, and Judges feel the new statute is working well — additional states have followed suit.
Manousso Mediation's parenting coordination and parenting facilitation training is designed to provide 16 hours of parenting coordination and parenting facilitation training, so that you can earn a certificate and serve as a parenting coordinator or facilitator in Texas, and many other states as their statutes allow, and covers the following objectives, as required by Texas family statute:
If a married couple wants to end the relationship, they must do so formally, following the «Dissolution of Marriage» statutes in their state.
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