Sentences with phrase «interpreted by courts»

The ways in which the statutory exceptions to the right to negotiate are interpreted by Courts and tribunals also impact on the level at which native title is protected.

In essence, she says, although the legislation is gender neutral, the way in which it is still interpreted by the Courts - even in 2014 - is to assume that women should be the primary carers of children and that men should provide for them financially, often for life.

The Court's ruling was based on a review of the common law as interpreted by the courts in the light of reason and experience, as the Federal Rules of Evidence direct.

More recently the Pritchard test has been interpreted by the courts to make it more consistent with the modern trial process.

Although the UAE Penal Code does not explicitly define the term «secret», a secret has been interpreted by courts to include anything that would be considered by its nature or due to the circumstances to be confidential and would include proprietary commercial and business information that is not in the public domain.

As interpreted by the courts, section 16 requires that before the child is permitted to testify, the child be subjected to an inquiry as to his or her understanding of the obligation to tell the truth, the concept of a promise, and an ability to communicate.

Presumably, the offence will be interpreted by the courts in a way identical to the s 458 offence; notably dishonesty is a necessary element of the offence.

Any ambiguity will either be interpreted by the courts in the most favourable way for the employee or be deemed unenforceable, which entitles the employee to common law notice (damages).

Hong Kong Annotated Legislation — Provides users with a deeper insight into the intended meaning of law by legislators or as interpreted by the courts.

A more thorough discussion on the scope of the above areas and how protections are interpreted by the courts will appear in the application section of this site in the future.

A secret or «surreptitious» recording has been interpreted by the courts using its ordinary dictionary meaning.

The fact is that, at this time, none of us knows how it will be interpreted by the courts in the future.

The old test, as interpreted by the courts, at its heart required Home Office officials to compare potential household income with that received by a similar family on UK benefits.

Because of how the principle of judicial independence is interpreted by courts, the original trial judge in this case could not be asked why it had taken 9 months to reach a verdict, and could not be questioned whether the delay was due to the complexity of the case, the judge's workload, or other personal reasons, such as illness.

The new decision on summary judgement motions may provide additional relief, but it is still being interpreted by the courts.

The standards for copyright infringement are not set by academics but by legal statutes as interpreted by courts.

These texts, usually found neatly organized in law firms or law school libraries, archive federal and state laws that are applied and interpreted by the courts.

In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) made all educational loans, public and private, nondischargeable absent a showing of undue hardship (an impossible standard to meet as interpreted by courts across the country).

The equal protection clause of the U.S. Constitution has been interpreted by courts to be viewed with varying levels of scrutiny, depending on who is impacted and what the nature of the law is.

This has historically been interpreted by the courts to not allow the federal government to obligate local government to enforce federal laws and regulations.

Since Bolling v. Sharpe, a Supreme Court decisions that came out the same day as Brown v. Board of Education, the 5th amendment's Due Process clause has been interpreted by the courts to also imply a guarantee of equal protection under federal law.

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.»

When I became a lawyer I swore to uphold the Constitution of the United States, which now, as interpreted by the Court, contains newly discovered rights that, if accepted, would destroy my moral and religious beliefs and therefore my conscience.

Law is not just what you are just seeing in the paper until it has been interpreted by a court of law.

The provisions of Proposition 39 relating to the expenditure of general obligation bond proceeds for equipping of school facilities have not been interpreted by any court or other legal authority and, to our knowledge, are not pending before any court.

Although not explicitly saying so, one could infer from this paper that CEN / CENELEC, although preferring to stick to the system currently in place, would be more inclined to accept some kind of obligation to report regularly to the European Parliament than the continuous threat of technical standards being interpreted by a court of law.

Nonetheless, this provision is strictly interpreted by the Court and the case discussed here exemplifies that only goods intended for specifically military purposes qualify for the exemption under article 346 TFEU.

I do not think that this is the right way to tackle the issue relating to the scope of Article 267 TFEU in terms of acts to be interpreted by the Court: the very wording of this provision does not include any criteria related to the fact that an act supplementing an EU act may fall in its scope.

29 That said, where a court of a Member State is called upon to review whether fundamental rights are complied with by a national provision or measure which, in a situation where action of the Member States is not entirely determined by European Union law, implements the latter for the purposes of Article 51 (1) of the Charter, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraph 60).

This finding means in practice that the concept parody, as interpreted by the Court, is to be applied uniformly throughout the Member States which opted to implement this limitation into their laws.

He grounds this on the requirements of the CILFIT test: accordingly the UKSC will be under an obligation to refer unless (i) the question raised is irrelevant; (ii) the EU provision in question has already been interpreted by the Court; or (iii) the correct application of EU law is so obvious as to leave no scope for any reasonable doubt.

Following Sanchez - Graells» argument, it seems clear that requirements (ii) and (iii) of the CILFIT test are not fulfilled: Article 50 TEU has never been interpreted by the court, and the silence on revocability means that there is reasonable doubt as to its application.

The clear exclusion of such proceedings is preceded, though, by an odd and confusing sentence according to which «This Directive should apply only to criminal proceedings as interpreted by the Court of Justice of the European Union (Court of Justice), without prejudice to the case - law of the European Court of Human Rights.»

Inserting a limitation clause with language similar to that interpreted by the court in Acuity may be insufficient if, at some point in the future, the current law of British Columbia becomes the law of Canada.

The Supreme Court granted certiorari to consider the question of «[w] hether claims to computer implemented inventions — including claims to systems and machines, processes, and items of manufacturer — are directed to patent eligible subject matter within the meaning of 35 U.S. C. § 101 as interpreted by this Court?»

It is true that immediately thereafter the ECJ makes reference to Melloni, by clarifying that «in that respect, the national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of EU law are not thereby compromised».

If the answer to question 2 positive: 3 Prevents European Union law by the national court, the highest court of the state in the area of administrative justice, against whose decisions are not permissible remedies, was in accordance ¡ svnitrostátním law bound in law brought by the Constitutional Court of the Czech Republic, where it appears that such assessments are Acting in accordance with Union law, as interpreted by the Court of Justice of the European Union?

First, it delays most discovery until after the relevant patent claims have been interpreted by the court.

The law as interpreted by the Court of Appeals for the Federal Circuit, and under review by the Supreme Court, allowed patent owners to pick and choose between federal courts.

However, it is unclear whether «private» is used as the opposite of «professional» here, or of «public»: If narrowly interpreted by a court, this exception may not even end up applying to things like blog posts, but only non-public communication like email.

Rather, the distribution must be fair and just (equitable) as determined by factors and considerations described in the state statutes and interpreted by the court.

Not exact matches

While there may ultimately be court challenges, the EEOC also has the authority to interpret new laws not only by adding protected groups, but also through enforcement of existing guidelines.

The prior three corporate convictions under the CFPOA have been achieved by the entering of guilty pleas.2 The Court also for the first time interpreted the meaning of key provisions in the statute, including clarifying that an inchoate offence of conspiracy exists under the CFPOA and in what circumstances a real and substantial connection will be required and found.

But he also acted in a manner consistent with the rule of law as it has been clearly interpreted by the U.S. Supreme Court.

If we still have our laws determined by the European Court of Justice, then our parliament is no longer able to make all our laws, and the votes of the British peoples do not count because our laws are made and interpreted by a foreign cCourt of Justice, then our parliament is no longer able to make all our laws, and the votes of the British peoples do not count because our laws are made and interpreted by a foreign courtcourt.

Under previous law, as interpreted by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., the statute of limitations on such suits ran out 180 days after the alleged discrimination occurred, even if the victims never knew about it.

Patrick G. D. Riley Wauwatosa, WI And it came to pass that, as the Federal judiciary sat in the courts of law interpreting the Constitution, the anti-usurpationists and the cultural warriors and the original intentionites came and said, Tell us, by what authority make ye these activist rulings?

The Court's statement in Seeger that a registrant's characterization of his own belief as «religious» should carry great weight... does not imply that his declaration that his views are nonreligious should be treated similarly... very few registrants are fully aware of the broad scope of the word «religious» [as interpreted by law since Seeger].»

Twenty - one years after the RFRA was introduced in the House of Representatives by Chuck Schumer, passed nearly unanimously by Congress, and signed into law by President Bill Clinton, the Freedom From Religion Foundation has filed an amicus brief asking the Supreme Court to strike it down as an unconstitutional «takeover of the Court's power to interpret the Constitution» and a violation of the Establishment Clause.

Judging the constitutionality of laws by the Court's «appraisal of the wisdom of legislation,» as he accused the Court of doing in this case, «is an attribute of the power to make laws, not of the power to interpret them.»