Sentences with phrase «legal authority decision»

The chapter also discusses considerations in making the legal authority decision and uses case studies to illustrate best practices.

Not exact matches

Furthermore, a piece of fine print on the face of the report imparts to the reader that «LabCFTC has no independent authority or decision - making power, and can not independently provide, or create an expectation for, legal or regulatory relief.»
The Justice Department's decision to do so comes despite a reluctance, reported as recently as December, that the Justice Department or Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) have the legal authority ban bump stocks and similar devices.
It should be noted that a natural father without PR still has certain legal rights in relation to his child, e.g.: • an automatic right to apply to the court for certain court orders in respect to his child • in an emergency, the right to consent to medical treatment for the child • if the child is being looked after by the local authority, the right to have reasonable contact with his child and the right for the local authority to give due consideration to his wishes and feelings in relation to important decisions they make about the child, including decisions about adoption and contact arrangements after adoption.
Confers «Parental Responsibility» on the parent, giving the parent the legal authority to make important decisions in relation to caring for the child.
Legal custody refers to the legal authority to make major decisions on behalf of your cLegal custody refers to the legal authority to make major decisions on behalf of your clegal authority to make major decisions on behalf of your child.
It gives you the legal authority to make decisions about important aspects of your child's life.
If a parent has been awarded legal custody of a child, this means that the parent has the legal authority to make decisions about the child's education, health and upbringing.
Since the Supreme Court has now prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States under the Constitution — the Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen&raLegal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations, orders and directives issued under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen&ralegal authority and prior to a decision by the Supreme Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».
But the upstate casinos run by Native American tribes already claim that the court's decision gives them the legal authority to take wagers on sports.
«We laud the decision from the State Supreme Court today protecting New Yorkers» personal information from authorities who would only use it for harmful purposes,» said Legal Aid spokesman Redmond Haskins.
A state Supreme Court judge has tossed claims brought against Vineyard 48 by the New York State Liquor Authority, which was seeking to a reverse a decision that allows the Cutchogue winery to remain open as its legal matters are sorted out.
During his time at the Pride Agenda he has been actively involved with the passage of dozens of laws, ordinances, regulations and Executive Orders on the state and local level affecting New York's LGBT community, including statewide measures like: the Sexual Orientation Non-Discrimination Act; the Hate Crimes Act of 2000; making the state's 9/11 relief inclusive of same - sex couples; guaranteeing domestic partners hospital visitation, legal authority over a loved one's bodily remains, access to Family Court and medical decision making authority; prohibiting discrimination on the basis of gender identity and expression in state employment; and securing over $ 50 million of funding for LGBT health and human services.
The Peoples Democratic Party, PDP, is to review its decision on the withdrawal of the provisional clearance given to the former Director General of the Nigerian Television Authority, NTA, Mr Ben Murray Bruce, following advice from some legal experts on the issue.
The Minutes confirming this decision will be required by the DfE • Outline plans to the DfE for supporting or partnering with another school, if applicable • Appoint a specialist law firm to advise on the legal aspects of your conversion • The Secretary of State will need to approve your proposal • The process of transferring staff (the Transfer of Undertakings (TUPE) will be commenced by the local authority and the governing body that currently employs school staff • Activate the consultation process with interested parties • Consult with your Local Authority regarding a possible share of the LGPSauthority and the governing body that currently employs school staff • Activate the consultation process with interested parties • Consult with your Local Authority regarding a possible share of the LGPSAuthority regarding a possible share of the LGPS deficit.
A third shift — one that importantly has not touched private schools — comprises the legal decisions that have undermined the authority of principals and teachers to create and pass on a common culture.
Beginning with the obligatory nod to Brown v. Board of Education, OCR goes on to cite several of the Supreme Court's equal protection decisions to buttress its legal authority.
The new law significantly reduces the legal authority of the education secretary, who is now legally barred from influencing state decisions about academic benchmarks, such as the Common Core State Standards, teacher evaluations and other policies.
On the other, few would say that over the past seven years Booker has been actively involved in decision - making in the district, even when Gov. Chris Christie all but offered him the keys to the schools after the Zuckerberg gift even without the legal authority to do so.
«Financial and legal obstacles to academy conversion have not been resolved and decisions are awaited from high - level discussions between the local authority and the Regional Schools Commissioner.»
-- The LGB has no separate legal ability to take such a decision — A decision to request that a school be moved to another MAT would normally be for the MAT directors / trustees and would have to be taken in the interests of the MAT as a whole — Normal rebrokering decisions are entirely for the RSC or for a religious authority or trustees — normally on statutory or formal contractual grounds — The individual academy is not party to the SFA — The staff of an individual academy are employed by the MAT and owe it their loyalty — Although parents and school staff might petition the RSC for the school to leave the MAT, the decision is the RSC's and, in the absence of significant performance issues, the MAT itself
NOTE: The DRC does not have the authority to make disability or accommodation decisions, or to provide legal advice.
An individual, corporation or association holding assets for another party, often with the legal authority and duty to make decisions regarding financial matters on behalf of the other party.
This is a significant step in the tangle of legal proceedings set in motion with the 2007 Supreme Court decision on the authority of the Environmental Protection Agency to regulate carbon dioxide under the clean air law.
Recent legal decisions that Earthjustice has helped to secure have affirmed EPA's authority under the Clean Air Act to reduce climate pollution from vehicles and industrial facilities, but anti-environmental members of Congress and the dirty energy industry are determined to prevent any action to reduce dangerous climate pollution.
The legal findings set forth in Judge Hill's November 19, 2015 decision are remarkable and make it clear that the governor has a broad panoply of executive authorities that can and should be utilized to facilitate science - based action on climate.
The commission makes 100 recommendations featuring six overarching ones: the National Advice and Legal Support Fund mentioned before; prioritising public legal education in schools, alongside financial literacy, and in «education for life»; calling on government to clampdown down «preventable demand» by getting decisions right the first time including a «polluter pays» scheme for the DWP to pay costs on upheld appeals (on average 35 % of appeals against welfare benefits decisions are upheld); an overhaul of the courts to make them better suited for the needs of litigants in person; a national strategy for 2015 — 20, including a «minister for advice and legal support»; and for local authorities to commission local advice and legal support pLegal Support Fund mentioned before; prioritising public legal education in schools, alongside financial literacy, and in «education for life»; calling on government to clampdown down «preventable demand» by getting decisions right the first time including a «polluter pays» scheme for the DWP to pay costs on upheld appeals (on average 35 % of appeals against welfare benefits decisions are upheld); an overhaul of the courts to make them better suited for the needs of litigants in person; a national strategy for 2015 — 20, including a «minister for advice and legal support»; and for local authorities to commission local advice and legal support plegal education in schools, alongside financial literacy, and in «education for life»; calling on government to clampdown down «preventable demand» by getting decisions right the first time including a «polluter pays» scheme for the DWP to pay costs on upheld appeals (on average 35 % of appeals against welfare benefits decisions are upheld); an overhaul of the courts to make them better suited for the needs of litigants in person; a national strategy for 2015 — 20, including a «minister for advice and legal support»; and for local authorities to commission local advice and legal support plegal support»; and for local authorities to commission local advice and legal support plegal support plans.
If you want to grant legal authority to make major decisions, create a power of attorney for child instead.
«Legal researchers do not have to satisfy the world's hunger for information, they have to satisfy the court's expectation of presenting authoritative information that can withstand the challenges of a system that relies upon that authority to drive the decision it makes.»
Court Orders Husband to Divorce Wife In a recent B.C. decision, the court grappled with whether it had the legal authority to: 1) order a man to take positive steps divorce his wife; and 2) uphold a Canadian - court - granted divorce in Iran, in circumstances where the Iranian courts themselves had refu... more»
Legal custody is the authority to make decisions about a child's health and welfare, whereas physical custody is the responsibility for sheltering the child and providing for physical needs, such as food and clothing.
In custody cases, does the family court have authority to make legal custody type decisions for a child (e.g., which school the child will attend; whether a child can get elective surgery) or does the court merely have authority to decide who gets to decide?
Administrative appeals ask a court or other reviewing body to overturn, alter, or delay the legal effect of an underlying administrative decision, such as the decision of a local zoning or planning authority, the decision of a state environmental agency on a permit application, or an administrative agency's enforcement order alleging a regulatory violation.
Legal custody pertains to the parent with the primary responsibility and authority to make major decisions about the child's life.
Reported decisions, particularly those authorised by the courts, are generally the preferred authorities in legal proceedings.
A recent decision of the Court of Justice of the European Union found that the Dutch immigration authorities were not required to give a person access to a legal opinion about the person's immigration status, though the opinion contained personal information about the person.
Both the Hungarian government and the EFTA Surveillance Authority noted that the preliminary reference does not explain the economic and legal context of the agreements prohibited by the HCA decision (paras. 24, 25).
Generally speaking, attorneys have implied authority over legal and tactical matters, while the client has the right to make strategic decisions on factors such as expenses or calling witnesses.
The legal system, however, is entirely the opposite since it is taken to be an authority and its decisions require obedience.
Many administrative law regimes — including the workers compensation and income assistance schemes — are complicated by multiple decision - making bodies that each have differing legal authority.
The article then quotes Professor Garrow of Cambridge University who says that «we have created an institutional situation where 26 - year - olds are being given humongous legal authority in the actual wording of decisions, the actual compositional choices.»
There have been a number of developments since our first report was published including the Legal Education and Training Review (LETR), the decision of the Solicitors Regulation Authority (SRA) to end the trainee solicitor minimum salary and legal aid cuts brought in by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LALegal Education and Training Review (LETR), the decision of the Solicitors Regulation Authority (SRA) to end the trainee solicitor minimum salary and legal aid cuts brought in by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LAlegal aid cuts brought in by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LALegal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
And it should cite to legal authorities, or decisions from some higher court that tell a judge what to do in cases like yours.
The decision in CITIC is instructive in demonstrating a cautious approach by an appellate court to the encroachment of legal professional privilege where the crime - fraud exception is invoked by a prosecuting authority in the context of, and (presumably) in aid of, anticipated criminal proceedings.
We were told the correctness standard will apply to questions involving constitutional law, questions of law important to the legal system generally and outside the specialization or expertise of the statutory decision - maker, questions of law that engage the jurisdiction of more than one statutory regime, and «true» questions of jurisdiction whereby the statutory decision - maker must ask whether it has the authority to pursue the line of inquiry.
«Having considered the decisions, the writings and the various aspects of the public interest which claim attention, I have come to the conclusion that the court should state the relevant principle as follows: a document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to obtain legal advice or to conduct or aid in the conduct of litigation, at the time of its production in reasonable prospect, should be privileged and excluded from inspection.»
The mother appears to have been taken advantage of by the father, let down by the local authority in failing to ensure proper safe housing, and then by the legal system in a rushed decision on inadequate grounds.
They do not work for the judges of the court, they can not make legal decisions about your case, and they do not have the authority of a judicial officer.
The case, a judicial review of a decision by Deputy District Judge Stott at Warley Magistrate's Court, looked at the scope of legal professional privilege and litigation privilege, the nature of the legal authority required if these privileges are to be lawfully overridden, and the proper construction of provisions contained in the CrimPR.
The fundamental principles are famously (although not for the first time — see R v Brent London BC ex parte Gunning [1985] 84 LGR 168) set out by Lord Woolf MR (as he then was) in R v North and East Devon Health Authority, ex parte Coughlan [2001] QB 213, [2000] 3 All ER 850, at [108] as follows: whether or not consultation is a legal requirement, if it is embarked upon it must be carried out properly; to be proper, consultation must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response; adequate time must be given for this purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken.
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