Sentences with phrase «legal presumptions in»

To what extent and how is shared parenting promoted as a legal presumption in legal and judicial systems, at national or supra - national levels, for supporting children's rights?

Not exact matches

Nevertheless, he decried, and actually seemed surprised by the fact that the jargon, presumptions, odor of sanctity, and especially the legal tools left over from the civil rights movement's glory years, now three generations past, are being used to sanction homosexual unions and in general make of non-heterosexuals yet another legally privileged group.

If secular legal processes are deeply concerned with human dignity and the presumption of innocence, how much more carefully should such processes be employed in the Church of Christ?

Also, given the very very severe consequences that go along with these sorts of accusations (both legal, and social), and the negligible consequences for a proven false accusation, the world you present seems like a terrifying place to live in as the sex that doesn't get that presumption of being truthful.

LaValle in a statement said he understood the presumption of innocence in the case, but he said the legal troubles shouldn't «be allowed to damage» public confidence.

There should be no presumption that teachers will conduct these searches and schools will need to make very clear to parents the circumstances in which searches will be conducted to avoid legal or other challenges.»

The Movie: Working under the presumption that anyone of legal drinking age has had one of those nights of debauchery they can't remember the next day and that anyone who goes to Las Vegas expects that to be the norm, this comedic take on the missing person mystery takes a different look at the way Vegas has been depicted in movies by cutting to the very core of what the Vegas experience is for far too many visitors.

In 2011 a legal presumption was introduced which — combined with Government policy — means that new state funded schools in England should ordinarily be academieIn 2011 a legal presumption was introduced which — combined with Government policy — means that new state funded schools in England should ordinarily be academiein England should ordinarily be academies.

The BC Court of Appeal released the seminal VJF case but a new BC Supreme Court decision points out that there are powerful legal interpretation reasons to exterminate the presumption of advancement in British Columbia.

Under California Family Code § 3080, there is a presumption that joint custody (physical and legal — California Family Code § 3002) is in the best interest of the child.

When a paying parent is voluntarily unemployed or voluntarily underemployed, there is a presumption (a legal assumption) in Nevada that the unemployment or underemployment is for the purposes of intentionally avoiding a child support obligation.

The crucial question at the heart of this particular case was whether, following Mr Kernott's departure from 39 Badger Hall Avenue, an intention between the parties could be found which would rebut the presumption of joint beneficial ownership (which presumption generally arises where there is joint legal ownership and no express declaration of trust that the co-owners should own in anything other than equal shares).

In addition, the Commission accords the legal effects and grants the presumption of conformity to the THSs by publishing the reference in the official journaIn addition, the Commission accords the legal effects and grants the presumption of conformity to the THSs by publishing the reference in the official journain the official journal.

«Instead of carefully reviewing the evidence in the case in order to determine whether or not the Crown had, in fact, established that the appellant possessed the specific intent of wilfulness required by s. 173 (1) of the Criminal Code, the trial judge erroneously convicted the appellant based upon a perceived (but non-existent) legal presumption that the necessary wilfulness was established by the fact that his acts of masturbation were in fact witnessed by another,» he wrote.

Under normal circumstances independent legal advice, if properly given should be sufficient to rebut any presumption of undue influence, but that was not the case in Cowper - Smith v Morgan 2016 BCCA 200 where the Court of Appeal upheld the trial judge in finding inter alia, that the independent legal advice provided was inadequate to rebut the presumption of undue influence.

In Florida, having a father's name on the birth certificate of a child born out of wedlock creates a legal presumption of paternity, but does not guarantee the father's rights.

Because New Mexico is just one of two states in the country that starts off with the presumption that joint legal custody is always best, fighting for sole custody will probably be an uphill battle.

Yet it took the Commission until November 2013 to put forward the Proposal for the Presumption of Innocence Directive (discussed on this blog), along with two further proposals, the Proposal for a Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings and the Proposal for a Directive on (provisional) legal aid.

[62] As previously stated, the central issue in this appeal is whether the judge erred in finding that the presumption of undue influence was not rebutted because of the inadequacy of the legal advice provided to Elizabeth by Ms. Iverson and Mr. Easdon when she signed the June 22, 2001 documents.

The rebuttable presumption means that unless the abusive parent proves otherwise, the court will find that it's in the best interests of the child for the perpetrator parent not to have sole custody, joint legal custody, or joint physical custody of any kind.

Her divergence from the majority in both decisions rested on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus this bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (See Alliance Pipeline at para 80 and Alberta Teachers» Association at paras 82 — 89).

The presumption of innocence; holding the government to its burden of producing real evidence; resolving every plausible doubt in favor of the person targeted by the government; the right to legal counsel of your choice; and other Constitutional laws protecting the accused must be respected and enforced by every juror and every person — in order to protect everyone's Liberty and Freedom from injustice.

Stating that administrative decision - makers such as the FOIP Commissioner are entitled to alter precedents or completely depart from an earlier interpretation of legislation — as Justice Manderscheid states here (at para 84)-- was perhaps tenable in a legal system that did not employ a strong presumption of deference to substantive legal findings made by these persons.

In my view, a meaningful presumption resulting in a form of «creeping monism» is only slightly less troubling than a de jure monist system in the Canadian context, and for the same reasons: it would effectively permit the federal executive, in executing its power to adhere Canada to international legal obligations, to unilaterally modify, expand or contract the meaning of Charter guaranteeIn my view, a meaningful presumption resulting in a form of «creeping monism» is only slightly less troubling than a de jure monist system in the Canadian context, and for the same reasons: it would effectively permit the federal executive, in executing its power to adhere Canada to international legal obligations, to unilaterally modify, expand or contract the meaning of Charter guaranteein a form of «creeping monism» is only slightly less troubling than a de jure monist system in the Canadian context, and for the same reasons: it would effectively permit the federal executive, in executing its power to adhere Canada to international legal obligations, to unilaterally modify, expand or contract the meaning of Charter guaranteein the Canadian context, and for the same reasons: it would effectively permit the federal executive, in executing its power to adhere Canada to international legal obligations, to unilaterally modify, expand or contract the meaning of Charter guaranteein executing its power to adhere Canada to international legal obligations, to unilaterally modify, expand or contract the meaning of Charter guarantees.

In Texas, the presumption is that both parents should be equally involved with their children; so the legal terminology is that parents will be joint managing conservators of their children, and often parents will agree to a parenting plan that allows for liberal, equal visitation by both parents.

OTTAWA — Previous Right to Know columns have considered the legal doctrines of «proof beyond a reasonable doubt» and «the presumption of innocence» in the context of examining the critical roles that defence lawyers and prosecutors play in our justice system.

The Court held that the firm had met the high legal burden and overcome the presumption regarding third - party guardianships set forth in the Barstad case.

This means that unless the rear driver can overcome that legal presumption and prove otherwise, the rear driver in Florida will be held at fault for the crash.

For most people involved in a Florida rear - end collision, the «presumption of negligence» is a legal doctrine that comes into play only if the case becomes a lawsuit and that lawsuit makes it to the jury.

He reviews in some detail the legal presumptions that technology - specific legislation tends to contain: presumptions of integrity, of ownership of the signature creation data, and of signature itself, and the defences available to rebut the presumptions.

There is a rebuttable presumption that continuing the current allocation of decision making under a legal custody order or continuing the child's physical placement with the parent with whom the child resides for the greater period of time is in the best interest of the child.

In layman's terms, the «presumption of advancement» is a legal principle that essentially states that a transfer of property from one spouse to another is a gift to the receiving spouse to be legally owned by the receiving spouse.

Basically then, a conviction gives rise to a legal presumption of wrongdoing which, unless rebutted with evidence, is conclusive against all affected parties in a civil suit.

The problem with these recent decisions isn't so much the Court's desire to curb the presumption of deference and apply correctness to review fundamental legal questions decided in the first instance by a statutory tribunal — this is well within the jurisprudence of Dunsmuir v New Brunswick, 2008 SCC 9 and seems to make good sense from most perspectives — but rather the ease with which the Court suggests we can decipher fundamental legal questions from the rest of the field in deciding when to apply the presumption of deference and when not to.

In the first case, the Union must demonstrate the prohibited actions of the employer, while in the second case, the Union benefits from a legal presumption alleviating its burden of prooIn the first case, the Union must demonstrate the prohibited actions of the employer, while in the second case, the Union benefits from a legal presumption alleviating its burden of prooin the second case, the Union benefits from a legal presumption alleviating its burden of proof.

Thus, when a measure is imposed concomitantly with the exercise of a right, this legal presumption requires the employer to prove the existence of another just and sufficient cause in support of its decision.

This concept holds that if the same person who hired you was also the same person who fired you, and those two events happened in relatively close proximity in terms of time, that creates a legal presumption that the employer did not act based upon discriminatory motives.

A legal presumption means that a fact - finder (a jury in a jury trial or a judge in a bench trial) can assume something to be true in the absence of evidence disproving it.

Parenting Agreements in SC In South Carolina, there is a legal presumption that shared parenting (equal division of rights and responsibilities)-LSB-..in SC In South Carolina, there is a legal presumption that shared parenting (equal division of rights and responsibilities)-LSB-..In South Carolina, there is a legal presumption that shared parenting (equal division of rights and responsibilities)-LSB-...]

The purpose of a termination clause in an employment contract is to rebut the legal presumption that the employee will be provided with reasonable notice of dismissal and replace that entitlement with another notice period that has been agreed to by the parties.1 The termination clause will typically provide the employee with either a fixed notice period or a formula for calculating the notice period based on the employee's years of service.

For example, Madam Justice Deschamps wrote a concurring opinion in Alberta Teachers» Association on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus a bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (Alberta Teachers» Association at paras 82 — 89).

[91] Responsive Law then goes further, to question two fundamental presumptions that the Paper explicitly refused to question: that legal services are best regulated by, and should continue to only be regulated by, state supreme courts, and that only licensed lawyers should be allowed to engage in the practice of law.

Provides that a health care provider's failure to comply with or a health care provider's breach of the federal Patient Protection and Affordable Care Act shall not be admissible, used to determine the standard of care, or the legal basis for a presumption of negligence in any medical liability action.

Intoxilyzer readings show the Respondent has more than the legal amount of alcohol in his system (120 milligrams of alcohol in 100 millilitres of blood), but since the first breath sample is not taken within two hours of the time «the offence was alleged to have been committed», the Crown is not entitled to rely on the presumption of identity (see s. 258 (1)(c) of the Criminal Code).

Carole Lucock and Michael Yeo have summarized four broad categories of interests that the courts have seen as sufficient to overcome the strong presumption in favour of the use of the legal name (while noting that the legal principles are not always clearly decipherable and at times their application is inconsistent or overlapping):

«This cry for presumption of innocence and cry for due process also needs to be weighed into the fact that due process and presumption of innocence, all of those things are the terminologies to be used in the court processes and legal processes,» Mattoo said.

This reverse onus, the Court ruled, was contrary to the presumption of innocence in Section 11 (d) of the Charter, and was not a reasonable limit on the legal rights of the accused and therefore could not be saved by Section 1.

HCF v DTF 2017 BCSC 1226, a divorce case, traces the historical roots of the presumption of advancement and finds that it is an outmoded and «dead» legal principle in today's BC society.

July 1, 2007 - In This Issue: Update on Overtime; Two New Associates; Joint Accounts Legal Principles and Presumptions; «For the Sake of the Children»; Don't «Hide» Your Assets... The Importance of Trade - marks in Business; Fillmore Riley News; (1.6 MB) Read more.In This Issue: Update on Overtime; Two New Associates; Joint Accounts Legal Principles and Presumptions; «For the Sake of the Children»; Don't «Hide» Your Assets... The Importance of Trade - marks in Business; Fillmore Riley News; (1.6 MB) Read more.in Business; Fillmore Riley News; (1.6 MB) Read more...

In the Sageunay case, the court found that the presumption of deference had been rebutted; but I do not think there is or should be a legal presumption.