Sentences with phrase «legal authority of a court»

Not exact matches

The state's environment minister has picked three legal professionals to conduct a review into the Environmental Protection Authority, in the wake of the Supreme Court's ruling on the Roe 8 highway project last month.

That gave the FCC more authority to regulate ISPs, and provided its net neutrality rules a stronger legal footing after years of court battles.

The Supreme Court of Canada ruled in 2010 that Canadian authorities violated Khadr's charter rights when they interrogated him there, despite the fact he was a minor, had no legal representation and had been tortured.

We reserve the right to provide information to law enforcement personnel and other third parties to answer inquiries; to respond to legal process; to respond to the order of a court of competent jurisdiction and those exercising the court's authority; and, to protect us and our users.

If we free the Supreme Court from its bondage to a strict legal interpretation of the Constitution and those values articulated in that document, then the Court has lost its lawful authority to speak and we have lost our legal obligation to listen.

Think PCJ (Permanent Court of Justice) of the United Nations that is highest legal authority in the world.

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».

The Director of Legal Division at the National Communications Authority (NCA), Abena Asafo Adjei, has told an Accra High Court that monies withdrawn from the Authority's account and used in purchasing cyber security equipment did not have the approval of the board.

He was really putting a legal mechanism which allows citizens to take public authorities to court out of the reach of anyone who wasn't exceedingly rich.

A review of the litigation filed by her office, along with prior court rulings, suggests NYC Public Advocate Tish James lacks the legal authority to sue the city in some of those cases.

«The Senate leadership has been briefed by our lawyers on last Thursday's judgement of the Federal High Court, Abuja, on whether the Senate has the legal authority to suspend a member for certain misconduct or not.

The state's top court also cleared the way for a group of 9/11 cleanup workers who became ill after cleaning up asbestos - laden debris to pursue legal claims against the Battery Park City Authority.

It would mean accepting a role for the European Court of Justice that would see it still having direct legal authority in our country.

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.

A Russian court last week ordered a research institute and Russian legal authorities to pay damages of 30 million roubles (about $ 15 000) to Vil Mirzayanov.

On the other hand, DNA collected today could serve as court evidence in the future, so authorities must have proper legal control over the handling of samples.

Such personal data is stored by FilmOn in accordance with and for the duration established in the provisions of data protection provisions established within the EU and it may be deleted by FilmOn in accordance with such provisions, subject to compulsory legal provisions or orders from national authorities such as courts requiring FilmOn to store and maintain such personal data at the disposal of the authorities.

Imagine that an alternative Supreme Court is to comprise not venerable legal minds but actors chosen for their shrewdness, aura of authority, and ability to assure the American people that the rules of the Constitution are being upheld.

While the states» nearly unlimited authority has been repeatedly affirmed by the courts, there has been intermittent legal recognition of the de facto autonomy enjoyed by local school boards in the day - to - day operation and management of their schools.

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 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.

«The court cites no legal authority for any of its breathtakingly sweeping orders requiring the State to, in effect, change numerous key educational policies so that they will be, in the trial court's judgment, «rationally, substantially, and verifiably» connected with educational need,» it says.

The N.C. Court of Appeals stepped into a legal fight this week, and will be the most recent judicial authority to decide if the Wall Street - traded online education company K12, Inc. can tap into North Carolina's public education market.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

Having sworn an affidavit of service, which you'll file with the court, about six to eight weeks later you'll receive a certificate that gives you the authority to act so that anyone who needs proof — the bank, the brokerage house, the credit card company — knows you're «legal.»

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.

The cabinet in December 2012 agreed to fast - track construction (within four years) of 2,800 km of new power lines and upgrade of 2,900 km by designating, with approval from the country's 16 federal states, the Federal Grid Agency as the only competent planning authority and allocating legal disputes concerning the expansion to a single federal administrative court.

The U.S. Court of Appeals for the District of Columbia Circuit today unanimously ruled in favor of the Environmental Protection Agency's (EPA) legal authority to limit industrial carbon pollution under the Clean Air Act to protect Americans» health.

The ECJ has ruled that it is essential for national law to guarantee that the national authorities will effectively apply the directive in full, that the legal position under national law should be sufficiently precise and clear and that individuals are made aware of all their rights and, where appropriate, may rely on them before the national courts.

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.

The statement reflects a decade or more of academic discussion of investment treaty arbitration and it is very encouraging to see the court recognize the point, from which many other issues arise regarding the transfer from of the final authority to determine the legal boundaries of sovereign authority from courts to arbitrators.

«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.»

But the Nova Scotia Court of Appeal found the wording of NSBS's amended regulation went beyond the regulator's authority under the Legal Profession Act.

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.

Siding with the Fourth, Seventh, and Eighth Circuits, the Supreme Court held a federal court exercising its inherent authority to sanction bad faith conduct by ordering a litigant to pay the other side's legal fees is limited to awarding the fees the innocent party incurred solely because of the misconduct or — put another way — to the fees that party would not have incurred but for the bad fCourt held a federal court exercising its inherent authority to sanction bad faith conduct by ordering a litigant to pay the other side's legal fees is limited to awarding the fees the innocent party incurred solely because of the misconduct or — put another way — to the fees that party would not have incurred but for the bad fcourt exercising its inherent authority to sanction bad faith conduct by ordering a litigant to pay the other side's legal fees is limited to awarding the fees the innocent party incurred solely because of the misconduct or — put another way — to the fees that party would not have incurred but for the bad faith.

Counsels the operator of one of the largest mining projects in the Southern Hemisphere on general legal and tax issues; representation of the same before local courts and authorities

However, a court may reduce (modify) to include any of the requirements relating to probation and community control, a legal sentence imposed by it within 60 days of its imposition; after the receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and / or sentence upon an original appeal; after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and / or sentence; or if further appellate review is sought in a higher court or in successively higher courts, after the highest state or federal court to which a timely appeal has been taken under authority of law, or when a petition for certiorari has been timely filed under authority of law, has written an order of affirmance or an order dismissing the appeal and / or denying certiorari.

By helping countless people achieve the best possible results in San Diego courts, she earned the respect of her peers, clients, and trusted authorities in the legal profession.

The Virginia Court of Appeals ruled that husband had waived his argument that the circuit court erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of VirgCourt of Appeals ruled that husband had waived his argument that the circuit court erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of Virgcourt erred in ruling that Husband's adultery was the primary cause of the dissolution of the marriage because Husband failed to cite legal authority in support of his argument in his appellate opening brief as required by Rule 5A: 20 of the Rules of the Supreme Court of VirgCourt of Virginia.

The appellate court did agree with husband's argument that the trial court lacked the legal authority to award husband's GI Bill benefits to wife, and reversed that portion of the divorce decree.

In a case involving a sexual harassment complaint, the Supreme Court of Canada has ruled that the Canadian Human Rights Tribunal does not have the authority to award legal costs.

Both attorneys have obviously entered into a secret pact — complete with hats, handshakes and cryptic words — to draft their pleadings entirely in crayon on the back sides of gravy - stained paper place mats, in the hope that the Court would be so charmed by their child - like efforts that their utter dearth of legal authorities in their briefing would go unnoticed.

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.

In its ruling, Supreme Court justices Louis LeBel and Thomas Cromwell wrote: «In our view, the text, context, and purpose of the legislation clearly show that there is no authority in the Tribunal to award legal costs and that there is no other reasonable interpretation of the relevant provisions.

In one blistering paragraph, Zywicki writes, «Leaving aside all of the intellectual arguments for whether the Court should or should not rely on international law for constitutional guidance, it is hard to escape the conclusion that the Court's periodic reliance on world legal opinion is purely strategic rather than sincere, perhaps to dress up the Court's personal predilections in the guise of legal authority.»

I would accept that in this hypothetical situation it is necessary as a matter of EU law for the Court of Justice to have the final interpretative authority over the legal «gap» concerning revocation of notification found in Article 50.

They include two legal - aid lawyers from Texas who will discuss their role in last year's Texas Supreme Court ruling ordering the return of children taken into custody by state authorities in the raid on the Yearning for Zion Ranch.

Even though there are many issues the court may have the authority modify after the divorce is done, modification of these terms can require more legal fees and court hearings, so it is important to think about short and long term goals when addressing these issues.

The court ultimately rejected the nursing home's argument that, since the resident was a third - party beneficiary of the admission contract, the resident should be bound by the contract despite her daughter's lack of legal authority to enter into the contract on behalf of her mother.

The Claimants relied on the leading authority for legal advice privilege, Three Rivers (No. 5), in which the Court of Appeal had concluded that, in a corporate context, information gathered from an employee is no different from information obtained from third parties, even if the information is collected by or in order to be shown to a solicitor to enable fully informed advice to be given to that solicitor's client.