Sentences with phrase «line of case law»

Such an application was governed by a line of case law, most notably A v A (Maintenance Pending Suit: Provision for Legal Fees)[2001] 1 FLR 377, TL v ML [2005] EWHC 2860 (Fam), [2006] 1 FCR 465 and Currey v Currey (No 2)[2006] EWCA Civ 1338, [2006] All ER (D) 218 (Oct).
There is a long line of case law in which these settlement agreements have been upheld by the Alberta Human Rights Tribunal or the courts.
Raymond Hill's article in the Bloomberg BNA Viewpoint series examines the Court of Justice's line of case law on single / multiple supplies following on from the Tellmer decision — and particularly the recent judgment in Wojskowa.
The review of legality line of case law seems to have all but disappeared, to the benefit of the direct effect line of case law.
This doctrine, based on an established line of case law from the US, states that it is necessary to take account of the aim of a provision when determining its legality.
In a paragraph that could be seen as wrapping up its recent line of case law, it claims that it would be «particularly unjustified» if a Union citizen who has worked for one year in the host Member State and who has contributed to its social security and tax system by paying taxes, rates and other charges on his income, was treated in the same way as a first - time job seeker in that Member State «who has never carried on an economic activity in that State and has never contributed to that system» (para. 44).
The Pelckmans judgment, delivered by the Court of Justice (First Chamber) on 8 May 2014, marks a new stage of development in a long line of case law.
This conclusion effectively nullifies the line of case law that suggested employees covered by the Canada Code, similar to unionized employees, could only be dismissed if the employer established just cause for doing so.
If that were the case, the long line of case law stretching from Stec v UK, on the broad discretion given to the administration in drawing the line on welfare would apply:
A line of case law certain to be continued!
But there is a long line of case law that carefully parses under what circumstances, and in what settings, certain activities of charter schools are public or private.
The Federal Court of Appeal acknowledged that for a very long time there had been two divergent and conflicting lines of case law regarding the question of whether Part III of the Canada Code permits terminations of employment without cause.

Not exact matches

Canadian mortgage laws are much more strict than in the United States — mortgages are full recourse, for example, so Canadian homeowners have a lot more on the line in the case of default than Americans.
The district court identified two irreconcilable lines of Ninth Circuit case law on this issue.
According to Mosaic law, in the case of a brother's death it would be the surviving brother's duty to have intercourse with the wife in order to continue the line of Israel.
In 2007 the Committee used the same justification to attack Honduras» restrictive abortion laws, recommending «that the State party consider reviewing the law relating to abortion with a view to identifying circumstances under which abortion could be permitted, such as therapeutic abortions and abortions in cases of pregnancies resulting from rape or incest, and removing punitive provisions imposed on women who undergo abortion, in line with the Committee's general recommendation 24...»
Subsequent developments in the polity may have reinforced this line of enquiry - a sudden rash of appointments have emerged from the «presidency» in recent times, mostly without input from the respective ministers and in some cases, notably PENCOM, in breach of law and procedure!
Calling the GOP lawsuit «highly speculative,» and saying it failed to make a rational case against the law, a state judge ruled that for purposes of district lines and population counts, LATFOR must count incarcerated people as residing in the neighborhoods they call home rather than the prisons in which they are located.
And in many cases, a new law consists of a long list of modifications of existing law (along the lines of «article such and such is replaced by...») so again a series of diffs.
I'm pretty sure most of the federal law enforcement agencies have external lines of credit that can be used in case of loss of funding, but its not exactly insurance per se
«We think it is very important that any operation against illegal mining should be carried out in line with Ghanaian laws and international recognized norms, the mass arrest and media hype should be minimized, the cases should be dealt with on individual base and the legitimate rights of the miners should be respected,» it said.
Nearly every election begins with court cases challenging the sufficiency of compliance with these laws as candidates strive to get on extra lines and to keep their opponents off them.
Hein said the majority of the case law actually falls in line with CEQ's new directive.
The legal case divided the country along color lines in the same way as the O.J. Simpson trial, with African - Americans generally feeling that cops are too quick to shoot young black men, and most whites being inclined to give law enforcement the benefit of the doubt.
«It was perplexing that the Supreme Court took the case because the University of Texas admission policy seemed in line with what the court had ruled was acceptable in the Michigan case,» says Professor Julie Reuben, pointing out that in Grutter v. Bollinger the Supreme Court supported the University of Michigan Law School's affirmative action admissions policy.
In California, school officials «fought so hard to block the claims of a student that Judge Oliver W. Wanger of United States District Court took 83 pages to berate the district's «hard - line position» and its law firm for «willfully and vexatiously» dragging out the case so long that the former student is now 24.»
Group of accessories for case masks, pair of wrist guards, and dance cap Date: 20th century Dimensions: dimensions variable Medium: Wood, basketry, cardboard, leather, paint, cotton thread and yarn, gourd, cornhusks, nails, wool, and horsehair Credit Line: The Roberta Coke Camp Fund Culture: Hopi Object Number: DEACC.1988.120.1 - 26 Deaccession Criteria: Restitution / Returned to rightful owner: the work has been legally requested for repatriation under Federal Law — Native American Graves Protection and Repatriation Act (1990)
Vermont Law School professor Pat Parenteau keeps a close watch on the growing number of youth climate cases — and he's on the line now — welcome back to Living on Earth, Pat!
It first repeated its case law on international jurisdiction, stating that because the directive only applies to aircraft landing and departing from EU territory, the directive is in line with the principle of territoriality:
In the light of this case law, the García - Nieto judgment not only confirms the Dano — Alimanovic line of jurisprudence, but also adds another dimension to the realization that the heyday of a justice - driven EU social citizenship is behind us.
In the rare case that the line manager doesn't respond, NQ solicitors should be sure to utilise online resources available to them to familiarise themselves in their area of law.
PRIME, the ground - breaking social mobility initiative launched by 23 major law firms earlier this month, looks set to be expanded to include the London offices of several leading US firms, with White & Case and Shearman & Sterling among those lining up to get involved.
The dividing line between situations within the scope and those outside the scope of EU law often appears arbitrary, as was pointed by AG Sharpston in the case of Zambrano.
Such jurisdiction is in line with the Court's recent case - law that provides for the Court's comprehensive jurisdiction, especially in light of the Court's finding that the Treaties have created a «complete system» of judicial review entrusted to the Courts of the EU (Rosneft para 66).
In upholding an earlier decision, the Court of Appeal said that forcing the courts to impose at least a 12 - month jail term could, in some cases, be out of line with the various acts captured by the law.
It might be a disappointment for certain observers who argue that the case - law is excessively formalistic and not in line with the teachings of economics.
The authors conclude that in these cases, the CJEU was definitely walking the fine line between legitimacy and illegitimacy of its judicial adjudication, particularly by allowing the horizontal invocation of this new general principle of law.
The case law standard for determining what comments cross the line is generally «the application of law to facts specific to an individual seeking legal advice».
Anyway, just like in the Rewe / Comet line of cases, this case also emphasizes the duty of loyal cooperation and effectiveness of EU law for national judges in matters of procedure.
I'm sure I've made some minor omissions (e.g., case law from the courts of U.S. Indian Tribes), but the grand total for all U.S. law local, state and federal is on the order of 2 billion (i.e. 2,000,000,000) lines of code.
Also, the present proposal would fall in line with the developing case law of the Court of Justice which would allow in certain cases an objective control of legality of national legal acts in the light of directives in proceedings between private parties, continuing thereby in a line of cases like CIA Security, Mangold or Kücükdeveci (para 77).
Selections in the current issue, for example, range from «Laugh Track,» in which Boston University School of Law associate professor Jay D. Wexler studies the relative senses of humor of the justices of the Supreme Court, to «The Original Meaning of the 21st Amendment,» which examines recent Supreme Court cases involving wine sales across state lines, to «A Lawyer in Baghdad,» in which Brett H. McGurk shares insights acquired during five months as associate general counsel to the Coalition Provisional Authority.
What interests me is that the U.S. court decision is unlikely to have any real impact on the state of the law (though it may cause lawyers headaches in having to screen the large mass of cases), given the fact that the vast majority of cases are never cited more than a very few times — DNA lines, as it were, that die out as «unfit.»
He came to the conclusion that, according to the settled case - law of the Court and in line with Article 52 (1) of the Charter of Fundamental Rights, such a difference in treatment is only justifiable when it relates to a legally permitted aim pursued by the legislation in question, and is proportionate to the aim pursued by the treatment concerned.
From this starting point, you can adjust that number up if you believe you have a strong case (e.g. it deals with a distinct point of law, particularly if there are previous cases on your side), or down if you have a tough case (e.g. you are alleging that the trial judge misapprehended the facts, or you are up against a contrary line of precedent).
He gave a bravura display of the forensic powers of a common law judge at the top of his game: the European Court, he argued, began a line of authority with a decision where it «gave no explanation»; had no requirement to say anything («it was not a rule that was relevant to the facts of the case»); and heard no argument.
The library's renowned special collections of early Anglo - American law and legal Canadiana will be showcased in the Canada Law Book Rare Book Room, a book - lined jewel case in the centre of the libralaw and legal Canadiana will be showcased in the Canada Law Book Rare Book Room, a book - lined jewel case in the centre of the libraLaw Book Rare Book Room, a book - lined jewel case in the centre of the library.
The Court, secondly, and in line with settled case - law, refuted the argument that the request was inadmissible because the EU itself was not a party to the Convention, because the request was made to clarify the competence of the EU, not the legal obstacles the EU may face in concluding international agreements (this can be done through the Member States, paras 43 - 44).
If one needs a table of laws and cases, it's a two - line command in a programming language to get it from a api.
The use of experts in the preliminary stages of a case will likely assist later when electronic evidence needs collecting, reviewing or producing in line with relevant laws.
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