Sentences with phrase «for purposes of the statute»

Third, I am not sure you could define ostracism and withdrawal of co-authorships as threats or intimidation for purposes of the statute.

Is online dispute resolution provided in a mechanized way still an arbitration for the purposes of these statutes?

In denying summary judgment to GE and granting summary judgment to Boston Edison, the Court found that: (1) while the construction work performed by GE met the definition of an improvement to real property for purposes of the statute of repose, public policy considerations necessitated an exception to the application of the statute in cases involving alleged asbestos - related disease; (2) the installation of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge of the hazard which is equal to or greater than that of the premises owner.

In New Mexico, any drug is considered a «drug» for the purposes of the statute.

Nevertheless, the point remains that if there is lawful authority in domestic law, compliance with IHL is not required to justify the conduct for purposes of the statute you cite.

We restate here the language in the preamble to the proposed rule that «An individual or organization that bills and / or is paid for health care services or supplies in the normal course of business, such as * * * an «online» pharmacy accessible on the Internet, is also a health care provider for purposes of this statute» (64 FR 59930).

That statute precludes liability for «any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a public employer or public employee...» For purposes of the statute, discretionary conduct must involve policy making or planning and not merely an ad hoc determination.

Not exact matches

Although these statutes typically contain no express limit on the size of permissible gifts, courts interpreting the statutes require corporate charitable donations to be reasonable both as to the amount and the purpose for which they are given.

According to the statute's own language, it was designed with the «purpose of reducing the need for future tax increases, maintaining the highest possible bond rating, reducing the need for short term borrowing, providing available resources to meet State obligations whenever casual deficits or failures in revenue occur, and providing the means of addressing budgetary shortfalls.»

But Scalia surely knew that Janet Reno, the Attorney General in the Clinton Administration, had taken quite the opposite view — that nothing in the reigning statutes barred the State of Oregon from permitting drugs to be used by doctors for the purpose of procuring death for their patients.

(Jeremiah 7:31; 19:5; 32:35) In the next generation Ezekiel tried another apologetic: granting both that the command to sacrifice children was in the Law, as it obviously was, and that Yahweh was responsible for its presence there, he asserted none the less that; Yahweh had given «statutes that were not good, and ordinances wherein they should not live,» for the ultimate purpose of punishing them with such desolation that they might recognize the divine hand in their tragedy.

A sports sponsor should check with its attorney to find out when children become adults for purposes of bringing a lawsuit in its state and to find out how long the statute of limitations period is.

A school district or governing authority may authorize a licensed health care provider who is not a physician to make an assessment or grant clearance for purpose of this policy (requirements for this is outlined in the statute).

School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.

Now, Trump might use other provisions in trade statutes for the purpose of trade restriction.

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

The party further urged the National Assembly to scrutinise the constitution and other statute books for the purposes of strengthening the laws guiding the application of funds in our country, particularly under this inherently corrupt and incompetent administration.

«We further urge the National Assembly to scrutinize the Constitution and other statute books for the purposes of strengthening the laws guiding the application of funds in our country.»

Nowhere in the statute does the term «vice chairman» appear for the purposes of getting a stipend.

The first, filed by a city resident and a member of the Hartford City Council, alleged that Coleman improperly used his annual taxpayer - financed update for political purposes and his campaign against Wooden, which is not allowed under state statutes.

«We further urge the National Assembly to scrutinise the Constitution and other statute books for the purposes of strengthening the laws guiding the application of funds in our country.»

California, Connecticut, Illinois, Iowa, Massachusetts, New Jersey, New York and Rhode Island have statutes that prohibit cloning only for the purpose of initiating a pregnancy, but allow cloning for research.

If requested and taken immediately following a Pregnancy Disability Leave, a Postdoctoral Scholar eligible for FML under the FMLA / CFRA at the beginning of her Pregnancy Disability leave shall be granted the unused portion of FMLA / CFRA leave for Parental Leave purposes, up to a maximum of twelve (12) workweeks pursuant to statute in a calendar year.

With the statute authorizing state standardized tests due to expire in June 2014, the incoming Legislature is facing some hard decisions on the future of the state testing system: What subjects should be tested, for whom, how often (not every year in every subject, perhaps), at what cost, and, perhaps the biggest question, for what purpose?

The primary purposes of both AYP requirements under the ESEA statute and alternative state performance measures in waiver states are to determine whether schools are making sufficient progress and to select low - performing schools for interventions or especially high - performing schools for rewards.

Alabama also enacted tuition grant state laws permitting students to use vouchers at private schools in the mid-1950s, while also enacting nullification statutes against court desegregation mandates and altering its teacher tenure laws to allow the firing of teachers who supported desegregation.50 Alabama's tuition grant laws would also come before the court, with the U.S. District Court for the Middle District of Alabama declaring in Lee v. Macon County Board of Education vouchers to be «nothing more than a sham established for the purpose of financing with state funds a white school system.»

The 5th U.S. Circuit Court of Appeals examined only federal Establishment Clause precedent and held that Louisiana's special education program did not offend the Establishment Clause because (1) the statute's purpose of improving educational opportunity for disabled students was secular, and (2) the statute did not have the effect of advancing religion because it provides no incentive for parents to select religious institutions.

SBX3 4 (Chapter 12, Statutes of 2009) allowed districts to use the money from 39 categorical programs for «any educational purpose» through 2012 - 13.

This framework preserves the fundamentally private nature of the non-profit corporate entities that operate charter schools, while allowing for treatment similar to that of governmental entities for purposes of some, but not all, specific statutes.

«Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports.»

I hope they are successful because what DeVos is essentially trying to do is eviscerate a 1994 statute passed by Congress for the express purpose of providing student fraud victims with well deserved relief from their student loans.

Since then, Congress has amended the statute on two separate occasions and each time they have decided to allow the use of credit reports for employment purposes.

Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Utah law or the law in the jurisdiction where you live.

Organizations that are in the statutes for the purpose of providing euthanasia guidelines will be eliminated The Department of Agriculture does not employ individuals qualified for the task.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

The statute also prohibits the marketing and distribution of depictions of animal torture or cruelty for entertainment purposes (510 ILCS 70/3.03 -(510 ILCS 70/3) § 3.

Your use of the Website, including but not limited to all content contained on the Website, is provided without any guarantees, conditions or warranties of any kind whatsoever, expressed or implied, whether by statute, common law or otherwise, including without limitation, the warranties of merchantability, satisfactory quality or fitness for a particular purpose which are expressly excluded to the fullest extent permitted by law.

Steyn is a member of the class the statute was meant to benefit, there is no indication that the statute was not meant to create such a right of action, and a remedy for Steyn is consistent with the purposes and public policy considerations underpinning the statute.

The 2009 Appliance Efficiency Regulations became effective statewide on August 9, 2009, and, as required by AB 1109 (Huffman, Chapter 534, Statutes of 2007), set new efficiency standards for general purpose lighting of a phased 50 percent increase in efficiency for residential general service lighting by 2018.

For example, to determine what constitutes a new v. old rule of U.S. Senate procedure, or to determine which statute is newer or older for purposes of determining which statute of two that conflict should be given effect when there was a cosmetic recodification of the section numbers of one of the titles but not the other without changing the substantive meaning of the recodified statuFor example, to determine what constitutes a new v. old rule of U.S. Senate procedure, or to determine which statute is newer or older for purposes of determining which statute of two that conflict should be given effect when there was a cosmetic recodification of the section numbers of one of the titles but not the other without changing the substantive meaning of the recodified statufor purposes of determining which statute of two that conflict should be given effect when there was a cosmetic recodification of the section numbers of one of the titles but not the other without changing the substantive meaning of the recodified statute.

In reality the suggestions made by The Rand Royal Commission for the legislature to create legal status for the union by statute were never directly adopted in this manner, but rather evolved to a similar point over time for the purposes of labour relations through a mix of statute and case law.

The statute explicitly lists several purposes which would weigh in favor of a finding of fair use: criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.

A number of provinces enacted various statutes with varying liability for the purposes of labour relations, such as s. 25 (1) of the Alberta Labour Relations Code,

Also, for the purpose of the Terry stop statute, a federal regulation clearly is a law, and there is no doubt a federal FAA statute that prescribes a penalty for violating an FAA regulation which may very well be criminal.

For self - help purposes, you can also look at the Alaska Court System's Self - Help Center for Family Law website, the Alaska Court System's Legal Research Center, and even check the current, official, and fully - searchable version of the Alaska StatutFor self - help purposes, you can also look at the Alaska Court System's Self - Help Center for Family Law website, the Alaska Court System's Legal Research Center, and even check the current, official, and fully - searchable version of the Alaska Statutfor Family Law website, the Alaska Court System's Legal Research Center, and even check the current, official, and fully - searchable version of the Alaska Statutes.

We would then regale readers with a review of possibly every case in the United States that has dealt with «whether body parts can constitute dangerous or deadly weapons for purposes of... assault and battery statutes.»

Mike Fox offers some good coverage of the recent Supreme Court argument in White v. Burlington, a Supreme Court proceeding that addresses the issue of what constitutes an adverse employment action for purposes of retaliation statutes.

The purpose of the statute is to provide full compensation for the lienor.

It would be startling if the statute contained the power to introduce secondary legislation with a wider purpose in precise contradiction to the public announcements of government that it was intended to allow services to be omitted if no longer needed, or it is no longer «appropriate» for them to be listed, a power it described as being drawn «as narrowly as possible».

Assuming that the attack occurred only because the animal's owner violated a statute or regulation that has been established for the purpose of keeping the public safe, negligence per se can be applied.