Sentences with phrase «in exclusive possession»

Proof that the defendant was in exclusive possession of the recently stolen goods, not explained by other evidence, can be used to infer that the defendant received the goods with knowledge that they were stolen and that he received them with dishonest intent.

(2) If any information required of a covered entity under this section is in the exclusive possession of any other agency, institution, or person and the other agency, institution, or person fails or refuses to furnish the information, the covered entity must so certify and set forth what efforts it has made to obtain the information.

The term «intrusion» denotes that a possessor's interest in the exclusive possession of his or her land has been invaded by the presence of a person or thing upon it without the possessor's consent 75

to property, a plaintiff must show: (1) an invasion affecting an interest in exclusive possession; (2) the act resulting in the invasion was intentional; (3) reasonable foreseeability that the act could result in an invasion of the plaintiff's possessory interest; and (4) substantial damage to the property.

Does placing an AR object on a person's property, without their permission, affect their interest in exclusive possession of property?

It involves an intrusion that invades a possessor's protected interest in exclusive possession.

«And yet it is a central feature of every religion based on a revelation that it believes itself to be in the exclusive possession of the truth.

Not exact matches

Among religions «based on a revelation,» Christians and Jews are emphatic in saying that they do not have «exclusive possession of the truth.»

Here and in numerous other instances it is clear that black theology is willing to engage and employ traditional African and other non-Christian resources in ways which indicate that, on the whole, black theology does not believe that it has possession of an exclusive and wholly infallible revelation of God.

It means that those who recognize the agape of God in the historical revelation can be thankful that it has come to them there, while they remember that it does not give them an exclusive possession of the truth.

Arsenal looked like they had taken out exclusive rights on possession of the ball, whilst Blackburn parked the metaphorical bus in front of the goal, employing a tactic well used against Arsenal by countless other teams of inferior quality.

In «Horror 101: The Exclusive Seminar» (10:27), director James Wan and writer Leigh Whannell separately discuss their philosophies for the film, putting new spins on the haunted house and possession genres and doing certain things differently from other modern movies.

... The person seeking a protective order may further request the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner, defendant or minor child residing in the residence of the petitioner or defendant.

Among the provisions is one that allows the court to grant»... to the petitioner the exclusive care, possession, or control of any pets belonging to or under the care of the petitioner or minor children residing in the residence or household of either party, and directing the defendant to refrain from harassing, interfering with, abusing or injuring any pet, without legal justification, known to be owned, possessed, leased, kept, or held by either party or a minor child residing in the residence or household of either party.»

Iowa now allows the court to grant petitioners exclusive care, possession, or control of any pets or companion animals in both temporary and permanent orders.

In West Virginia, the terms of a protective order may include awarding the petitioner the exclusive care, possession, or control of any animal owned, possessed, leased, kept or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and prohibiting the respondent from taking, concealing, molesting, physically injuring, killing or otherwise disposing of the animal and limiting or precluding contact by the respondent with the animaIn West Virginia, the terms of a protective order may include awarding the petitioner the exclusive care, possession, or control of any animal owned, possessed, leased, kept or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and prohibiting the respondent from taking, concealing, molesting, physically injuring, killing or otherwise disposing of the animal and limiting or precluding contact by the respondent with the animain the residence or household of either the petitioner or the respondent and prohibiting the respondent from taking, concealing, molesting, physically injuring, killing or otherwise disposing of the animal and limiting or precluding contact by the respondent with the animal.

As an appreciation to your loyal support we made sure to give all players in possession of Reus an exclusive 25 % discount for the upcoming month on Steam and GoG.

Your expectation of privacy in an unlocked smart phone flows from your exclusive possession of the phone as a piece of tangible personal property containing information, and not just from the password protection.

The required elements are that: (1) the true owner of the land must be out of possession of the claimed lands; (2) the claimant must be in use and occupation of the claimed lands; (3) the claimant's use and occupation must be exclusive, continuous, open or visible and notorious for the requisite 10 year period, and (4) the fact of use and occupation by the claimant must be the only determinant while the belief, ignorance, mistake or intention of the claimant is immaterial.

As predicted by Litigation, the House of Lords last month unanimously ruled in favour of the occupier in Street v Mountford giving a kiss of death to exclusive possession licence agreements and, for good measure, a fatal peck to non-exclusive agreements.

One problem area, hitherto unknown in the legal community, is the effect of adverse possession on exclusive use common elements.

Joseph Neuberger was able to establish in cross-examination that the complainant knew the effect criminal charges would have on her success in obtaining full custody and exclusive possession of the home.

Even if you have an Exclusive Possession Order, you may still want to get a Restraining Order because the Exclusive Possession Order only protects you in and around the home, whereas a Restraining Order can be used to protect you from unwanted contact anywhere in Alberta.

In deciding whether or not to grant an Exclusive Possession Order, the court will consider:

Defence counsel Joseph Neuberger conducted several extensive judicial pre-trials in order to set out the basis of the defence, in particular securing evidence establishing that the main charges were part of an elaborate scheme in which fabricated allegations were used to secure exclusive possession of the matrimonial home and to gain an advantage in Family court.

Just after the charges were laid, the complainant moved in Family Court for an order for exclusive possession of the home and sole custody of the children.

For the spouse who remains in the home, the obligation to pay occupation rent is usually imposed by a court pursuant to the Family Law Act, which authorizes it in the right circumstances, provided he or she has been awarded exclusive possession.

If one spouse wants to be able to live in the house after separation either alone or with children, one option is to ask the Court for an Exclusive Possession Order.

Direct that a spouse be given exclusive possession of the home (regardless of whose name the property is in);

This form is a sworn financial statement used when claiming (or responding to a claim for) spousal and / or child support in addition to claiming (or responding to a claim for) property or exclusive possession of the matrimonial home and its contents.

The perpetrator's right to possess the premises is altered by the exclusive possession order, but unless the order itself says otherwise, nothing in those statutes alters the perpetrator's responsibilities as a tenant to pay rent, provide a security deposit, etc..

In Alberta, it would be better to amend the PAFVA and the other legislation under which exclusive possession of residential premises can be granted rather than amend the RTA, because what is needed is a comprehensive list of matters to be considered by the parties and the courts in granting a protection order, or at least the QBPOIn Alberta, it would be better to amend the PAFVA and the other legislation under which exclusive possession of residential premises can be granted rather than amend the RTA, because what is needed is a comprehensive list of matters to be considered by the parties and the courts in granting a protection order, or at least the QBPOin granting a protection order, or at least the QBPOs.

In Paul, the plaintiff applied under s 77 of British Columbia's Family Relations Act for an exclusive possession order for herself and the three children of the marriage (para 13).

Factors relevant to whether an exclusive possession order should be made are enumerated in section 69:

This post will briefly address the unique circumstances in which the FHRMIRA came to be, and then provide an overview and critique of several provisions: section 7 (exemption for First Nations wishing to enact their own matrimonial real property (MRP) laws), sections 16 - 19 (emergency protection orders), section 20 (exclusive possession orders), and section 26 (leases).

However, an EPO that grants exclusive possession of residential premises to the victim grants the victim the ability to remain in the premises and bar access to the perpetrator, which logically includes the ability to change or add to locks and other security devices.

The Family Law Act, SA 2003, c F - 4.5 (FLA), allows for exclusive possession orders to be made in relation to the family home as part of an order providing for child or spousal support, and can include an order evicting a spouse or adult interdependent partner and restraining them «from entering or attending at or near the family home» (section 68 (1)-RRB-.

In order to determine whether appellant's appeal of the temporary order awarding respondent exclusive possession of the marital home and requiring appellant to vacate acted as a stay, it is necessary to determine the nature of that order.

In Potter v Boston, the Court examined an application by the husband who sought leave to appeal an interim order that granted his wife exclusive possession of a condominium, which was owned by the husband and located in Florida, for one week every montIn Potter v Boston, the Court examined an application by the husband who sought leave to appeal an interim order that granted his wife exclusive possession of a condominium, which was owned by the husband and located in Florida, for one week every montin Florida, for one week every month.

In determining whether an order for exclusive possession is appropriate, a court must consider the following factors under sections 24 (3) and (4):

Based on the above, the wife sought exclusive possession of the home in Osoyoos.

Although the Court began with the general rule from Duke v Andler, after reviewing the four - part test in Catania, the Court determined that it had jurisdiction to grant the wife exclusive possession of the property in Osoyoos and, in fact, granted exclusive possession of the property in Osoyoos to the wife.

Item 14 in the petition requests exclusive use, possession, and control of the property.

The virtual currency required to run a full node does and shall remain in your sole and exclusive possession.

The report is correct in saying that Wik established that native title is not necessarily extinguished by pastoral leases - the High Court reasoned that it was necessary to consider the type of lease in question (some leases granted exclusive possession and were inconsistent with the continued recognition of native title, whereas other leases did not have this effect).

[47] Its net effect is that recognition of «exclusive possession» native title becomes a much stronger possibility in the relevant area.

In relation to the confirmation provisions the inconsistency is between Indigenous interests on the one hand and non-Indigenous interests specified by way of a schedule to the Act or referred to generically as either «exclusive possession acts» or «non-exclusive possession acts».

The NTA provides a fairly comprehensive codification of what past government actions extinguish native title.145 It classifies various interests in the past, often distant past, as «previous exclusive possession acts» which deems them to have permanently extinguished native title.146 The NTA also provides that «previous non-exclusive possession acts» 147 will extinguish native title to the extent of any inconsistency.148 The NTA also validates acts of government that took place before the High Court's decision in Wik which may be invalid because of the existence of native title (generally, due to the Constitutional requirement that «just terms» be paid where property is acquired, 149 or the operation of the Racial Discrimination Act 1975 (Cth).150 This aspect of the NTA has been repeatedly criticised by CERD.

The right to control access to resources on the land, the right to exclusive possession of the land and the right to make decisions in relation to the land are rights that are necessary in order to commercially exploit the land.

In addition, the NNTT referred to the fact that the Martu People's native title was the subject of a finalised court determination and of a «substantial kind» (that is, exclusive possession).