Sentences with phrase «laws under the theory»

Not exact matches

He successfully argued that foreign and domestic investors had asserted viable «holder claims» seeking to recover investment losses due to their retention of already - owned shares in reliance upon the fraud, which is believed to be the first ruling by a U.S. court sustaining such a theory under English common law.

The biblical interpretation stands, above all, under the archetype of the covenant, but it is also consonant with the classical theory of natural law as derived from ancient philosophy and handed down by the church fathers.

I have argued that observations and basic laws are retained through paradigm - shifts, at least as limiting cases under specifiable circumstances; a new theory usually explains why the older theory was as good as it was and why its limitations became evident.

Second, judicial review under the Constitution makes possible the entry of natural law theory into litigation.

The northern Christian population grew rapidly; in fact, Christians today form the majority in half of the 12 northern states, which are now all under Islamic law (although Christians are in theory exempt from Shari`ah provisions).

For example, in the essay's section on «defining success,» Father Neuhaus writes, «Finally, success will be if, three or thirty years from now, Afghanistan and Iraq have reasonably decent and stable governments, operating under something believably like the rule of law...» This lacks the specificity to qualify as a serious application of just war theory.

In theory, it would mean New Yorkers get to keep more money than they would under the new tax law.

Practical field's dissertations are also easier to defend as they follow proper laws and theories which under any circumstances cant be denied.

Different states handle liability and negligence under different theories of law, so that makes sense.

Just as a doctor working for a corporation might be held individual liable for violating his standards of practice, inspectors in licensing states are also bound by law and can be found liable under tort and contract theories if found to be Working RE Inspector Summer 2017 9 grossly negligent or acting in violation.

Now, in theory, all is not lost — there's no automatic acquisition of dissenters» shares, i.e. shareholdings held by investors who are entitled to & have properly exercised appraisal rights under Delaware law.

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You further irrevocably waive any «moral rights» or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

When I say law for gravity, well, it has been around (theory of gravity) long enough validated, and observed long enough that under the appropriate conditions it is always true and complete and it is quantifed neatly in the math itself.

Here Eddington's point is that the Second Law is believed to hold universally (even under unusual or extreme circumstances), and therefore, «thought experiments» that predict Second Law violations are regarded as convincing evidence of a theory's invalidity.

The State Department's legal theory is that international agreements lacking new and material legal obligations are not treaties under United States law, and therefore need not undergo the Senate's advice and consent process.

While that individual would be positing something that is the well - accepted scientific consensus, in some states, under law, that is only a «controversial theory among other theories.»

If I am incorrect in my interpretation of your email and it is your view that I am obligated under either Canadian or international law to comply with your request, I would appreciate it if you would explain the basis of your legal theory.

In New Mexico, a culpable party may be held liable for an accident they caused under traditional theories of negligence law.

In theory this applies only to the organisation of EP elections, however, to the extent that Member States apply the same electoral code to EP elections and national elections, potentially at least a whole range of national measures restricting voting rights could be subject to judicial review under Union law and especially a requirement of proportionality.

This paper shows how the process view of proportionality in sentencing is an implicit, but under - theorized, current in the law that should be explicitly developed as part of Canadian constitutional theory.

However, Florida Statute 768.0755 is not the only Florida law that applies to slip and fall injuries in Florida hotels and resorts, (like slip and fall injuries in showers, tubs, pools, hot tubs, lobbies, etc.), Florida common law created by Florida court cases -LRB-» precedent») also applies under the theory of premises liability.

You may be able to recover damages under theories of negligence or intentional misconduct, as well as specific maritime laws.

The legal team at Preszler Law will investigate your accident to determine which theory you can file under.

Since the law specifically prohibits texting while driving, those injured by a texting driver will have an easier time recovering from the distracted driver under the legal theory of «negligence per se.»

Still, there is one chapter that I would particularly recommend, at least if you have some basic affinity for legal theory: George Pavlakos and Joost Pauwelyn's «Principled Monism and the Normative Conception of Coercion Under International Law «(pp. 317 - 341).

Importantly, Nebraska does not have a Dram Shop Law, and this case was not filed under this theory of recovery.

Under California law, victims have only two years to bring defective products claims, regardless of the legal theory they use.

Mr. Tucci provided an overview of the False Claims Act (FCA) and the various theories of liability that have advanced under the law, including the «implied certification» theory whereby each entity that submits a claim for payment to the government (such as through Medicaid) is deemed to implicitly certify compliance with the statutes, regulations, and contract terms applicable to the subject matter of the claim.

It will describe new ideas that are currently in operation or under consideration at various law schools, the major recommendations of the Carnegie Foundation report, and some aspects of learning theory that support these ideas and recommendations.

If the resulting contract claim for extra work fails for any reason, then Illinois law may not permit the contractor to recover for that extra work under the theory of quantum meruit.

*** If the work for which a plaintiff seeks remuneration under a quantum meruit theory concerned the same subject matter of the express contract, then the quantum meruit claim is barred as a matter of law.

[iv] Adrian Vermeule, Judging Under Uncertainty: An Institutional Theory of Legal Interpretation (Cambridge, MA: Harvard University Press, 2006) and Paul Daly, «The Unfortunate Triumph of Form Over Substance in Canadian Administrative Law» (2012) 50 (2) Osgoode Hall Law Journal 317.

To a foreign investor affected by such judicial measures, it is not always clear, however, what judicial measures (especially in countries like India with one of the most activist Supreme Courts in the world) can be subject to a claim under investment treaty law; which theory of liability is appropriate for a state's liability arising out of judiciary's conduct (or omissions); and which policy issues these different theories of liability raise.

The special will explore the legal dimensions of judicial measures and potential theories for a state's liability under investment treaty law.

Although the government once held the position that conspiracy is an offense under the international law of war, the government eventually switched legal theories and argued that conspiracy is a domestic law offense triable before a military commission.

Many law firms — especially smaller firms and solo practitioners — operate under the theory that legal billing is a relatively simple process and thus incorporating automated billing software is not important.

What is the area of law under which these are classified and is there any prominent philosophy or legal theory on these types of rules?

Subject to any non-excludable rights and to the maximum extent permitted under the law, in no event will Relationships Australia (NSW) Limited and its employees be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials or information contained at any or all such sites, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages.

Nurture the clients we have and we will reap the repeat and referral business, what you suggest which in theory seems good and can result in repeat and referral business is not only offside under our laws and likely our code of conduct but will cause negative backlash by fellow registrants with whom the seller engaged to ultimately see and subsequently buy through.

In a case previously summarized in The Letter of the Law, Minnesota's highest court has determined that a real estate broker was entitled to receive post-termination commissions under a procuring cause theory.

2d 651)-- remedies provision of the Property Condition Disclosure Act are unenforceable beyond the requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part of the buyer and relieves the seller of any potential liability for defects that arise in regard to the part of the premises covered by the question; any information disclosed during the sale of the property merges into the contract and does not exist on its own basis of a common law cause of action; buyer's action based on breach of the disclosure statement is dismissed on the grounds that no such cause of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories

Taking a look at Utah foreclosure laws, you'll find that the state mostly operates under title theory.

One day before the closing, a person filed a complicated 14 - page affidavit of ownership against the home, proclaiming rights to the property under a «sovereign nation» theory that has little support under real estate law here in Georgia.