Sentences with phrase «of applicable case law»

KEY QUALIFICATIONS • Five years of experience as a classroom teacher and school psychologist in classrooms for students with Autism Spectrum Disorders • Well - versed with modern educational practices for students with ASD • Knowledge of applicable case law related to ASD • Experience in early childhood evaluation tools and procedures • Knowledge of childhood growth

While, of course, a lawyer should be aware of applicable case law about her obligations, and reference secondary sources such as textbooks where helpful, in my view a lawyer could simply follow the rules and precepts of the 1995 code and be confident that his practice was ethically and professionally solid.

In each case they take on, the firm's attorneys go the extra mile to ensure that they are familiar with every aspect of the applicable case law and procedural rules governing that particular situation.

Speaking to lawyers at Fennemore Craig (an Arizona - based law firm and ROSS partner), Katz reports that «[ROSS] generates clean memos, and while it's no Hemingway, it offers up a functional first draft filled with summaries of applicable case law, some basic analysis, and a straightforward conclusion.

Not exact matches

Each member of the Audit Committee shall meet the independence standards and expertise requirements of the New York Stock Exchange corporate governance listing standards, the Securities Exchange Act of 1934 and rules promulgated thereunder, the Federal Deposit Insurance Corporation Improvement Act of 1991 (FDICIA), and other applicable laws and regulations, in each case, as of the Firm's most recent annual meeting.

Some of these cases they won and some they lost, but in none of them did the Witnesses claim or receive an exemption from an otherwise generally applicable law.

We think it is no accident that it appears in this setting; apparently this is one of those few cases in which the law remained applicable.

The analysis can be time - consuming because it involves review of applicable laws, coordination with local counsel and gathering information that in many cases varies by jurisdiction.

You have the right to have your agency case record maintained in accordance with the confidentiality requirements of applicable Massachusetts and federal law.

However, even though the ECtHR found that the couple in the case was entitled to protection of their «family life» under applicable law, it refused to force the state to offer same - sex civil marriage.

Specifically, most of the complications arise as a result of the Bill not giving full effect, at least initially, to the general principles of EU law, given the impact they have had on decided cases about, or applicable to, UK tax issues.

In many cases, particularly when addressing issues related to income driven repayment plans, deferments, forbearance, and loan discharge; available options are limited by and contingent upon the type of student loan you have, your promissory note or loan agreement, and applicable laws and regulations.

Right now we have no guidance, no case law, no really applicable analogy, and it fits really well with the remainder of «property» which is subject to like - kind exchange until the IRS makes a clear exemption.

Jeff Simendinger, who co-founded Simm Associates in 1991 with his father in their Delaware home's dining room, said that while he wasn't aware of Cimochowski's case, everything his company does is in compliance with applicable laws and regulations governing debt collection.

The rules contained in the current edition of Robert's Rules of Order, Newly Revised shall govern the Club in all cases to which they are applicable and not inconsistent with these By - Laws or any special rules of order the Club may adopt.

The rules contained in the current issue of Modern Rules of Order shall govern the association in all cases to which they are applicable and in which they are not consistent with these by laws and any special rules of order adopted by the association.

The rules contained in the current edition of Robert's Rules of Order, newly revised, shall govern the Club in all cases to which they are applicable and in which they are not inconsistent with these By - Laws and any other special roles of order the Club may adopt.

- In case of intent or gross negligence on part of Design Hotels ™ or by its agents or vicarious agents in performance Design Hotels ™ shall be liable according to the provisions of applicable law.

On all but one of the shipping forms, however, the wood was identified by a tariff code applicable to planks (in this case, «fingerboards» to be placed on the necks of the guitars) not exceeding 6 mm; only one of the many forms used the proper tariff code identifying the wood as of a thickness whose export was prohibited by Indian law.

Unfortunately, the vast majority of case comments seem to be written by lawyers, for lawyers: heavy on the facts and applicable law, weighed down with lengthy excerpts from the judge's ruling, and light on analysis and implications for readers.

The advice provided by a skilled family law lawyer takes into account not just the text of the applicable legislation, but the case law interpreting that legislation, the applicable common law principles and the specific circumstances of the family as described by the client.

The future judgement in Joined Cases C -204-208 / 12 Essent Belgium N.V. v. Vlaamse Reguleringsinstantie voor de Elektriciteits - en Gasmarkt could very well be one of those landmark cases in which the CJEU clarifies one of the fundamental doctrinal issues in internal market law: can Member States rely upon the rule of reason to justify distinctly applicable measCases C -204-208 / 12 Essent Belgium N.V. v. Vlaamse Reguleringsinstantie voor de Elektriciteits - en Gasmarkt could very well be one of those landmark cases in which the CJEU clarifies one of the fundamental doctrinal issues in internal market law: can Member States rely upon the rule of reason to justify distinctly applicable meascases in which the CJEU clarifies one of the fundamental doctrinal issues in internal market law: can Member States rely upon the rule of reason to justify distinctly applicable measures?

The Teachers» Federation submits that the trial judge fundamentally misunderstood and incorrectly applied the applicable law to the facts of the case; applied an incorrect standard of review of a union's conduct, and imposed duties not required of it by law.

Moreover, it is apparent from the case - law -LSB-...] that the legislation indicated «that property not belonging to private persons shall be administered and alienated according to the specific rules applicable to them; that, in respect of property belonging to public entities, even those pursuing industrial and commercial activities, the principle of non-seizability of that property precludes recourse to private - law enforcement remedies; that only the creditor who has obtained an enforceable favourable judicial decision having acquired the force of res judicata and ordering a public entity to pay, even provisionally, an amount of money, may have enforced the specific rules [applicable].

They could master the requirements of the legal system applicable to them, in the particular case, if they had the time and resources (and weren't driven by odd ideologies such as, for example, the belief in the rule of law.

The tribunal considered the applicable law and referred to X v Y [2004] EWCA Civ 662, [2004] IRLR 625, in which Mummery LJ gave guidance as to the applicability of Convention principles in employment tribunal cases.

A case by case analysis of whether a particular award passes muster through national enforcement proceedings, or a Treaty - by - Treaty analysis of whether a particular dispute settlement or applicable law clause is compatible with EU law, is bound to be time consuming and labor - intensive, and will inevitably be unpredictable and lead to legal uncertainty.

Our problem of unequal treatment arises from the fact that subsequently these interpretations are often only applicable to and thus relevant for the Member States, because the Court then «disapplies» the Convention for cases involving EU secondary law and the EU institutions, as you correctly state.

In my view, even if statutes of limitations periods should be considered as forming part of procedural law, this would not mean that they are exempted from the EU general principle of legal certainty and that they can be modified on a case - by - case basis by courts, arbitrarily, without any clear and generally applicable legislative guidance.

Other subjects covered in the course included federal subject matter jurisdiction, the applicable law in the federal courts in diversity of citizenship cases — i.e., the Erie doctrine.

To be a successful lawyer, a student must be able to analyze the facts of the case, find the applicable law, analyze and apply that law to the facts, and then communicate that analysis, either through writing or speaking.

The facts, circumstances and law which is applicable to your truck accident case will determine the value of that case.

All of these decisions will turn on the specific facts and law applicable to your case.

Acted for Catnic Components in House of Lords case establishing the test for evaluation of patent infringement (the Diplock purposive construction test) still applicable under the new law / EPC Article 69 and Protocol; EPC 2000

The specific types of damages you may be entitled to will depend on the facts of your case and applicable state or federal law.

The Court found that the interpretation of insurance contracts involves a unique blend of the general principles of interpretation applicable to all contracts and the unique principles applicable in the insurance setting.22 While courts have found that the «language of the policy» is the most important factor in determining whether coverage is granted or excluded, courts have found that where there is genuine ambiguity or doubt, the duty to defend ought to be resolved in favour of the insured.23 Similarly other insurance law principles should be considered, such as the principle that coverage provisions should be construed broadly and exclusion clauses should be construed narrowly.24 It was this last principle that the Court looked to in making a decision in this case.

As the guesswork is removed from finding applicable case law by using natural language searching and better results filtering, how will this convert into the legal writing component of attorneys» work?

In doing so, the court explicitly overturned its former leading cases which dated from the 1960s and still approved of the impossibility of getting an divorce under an applicable foreign law.

At Lorenzo & Lorenzo, our attorneys are experienced with all types of personal injury cases and the applicable Florida laws.

EU - law therefore applies, whereas Advocate - General Bot had concluded in his opinion in this case that EU - law was not applicable, since international law regulating diplomatic affairs between Member States was applicable, which is according to the AG outside the competences of the EU and therefore outside the scope of EU - law.

We provide plenty of context when we are creating secondary sources; our authors indicate the leading cases and applicable legislation; they often also note problems with the law.

They are certainly to be welcomed as clarifications of the law applicable to the object - effect dichotomy, but also as some of the first cases that deal with two - sided markets.

Contrary to all the participants in the proceedings, the national court had suggested that EU law was applicable to the case because landscape protection could not be seen to «stand alone as a concept separate from the protection of the environment», as a number of EU rules based on the environmental competence of the Union would show (para 10).

This argument was not made by any of the parties in this case and the Advocate - General used the international law argument to conclude that EU - law was not applicable at all, whereas the CJEU — in my view — stays quite cryptic about how to fit in the interplay between EU - law and international law in its framework / criteria of judging free movement cases.

But I do know that, on the days when you know the facts of your case, and when you know the area of applicable law as well as you can, then the intellectual debate which can develop with a High Court judge or in the Court of Appeal is fascinating — and for my money, it represents the high point of my career.

But as most of us lawyers know: Law, not instinct, governs most cases — and the law applicable to attorneys working at firms is at - will employmeLaw, not instinct, governs most cases — and the law applicable to attorneys working at firms is at - will employmelaw applicable to attorneys working at firms is at - will employment.

This access to evidentiary information not only helps each individual juror attain a contextual understanding of the applicable law and facts of the case; it also increases the likelihood that all members of a jury will share the same understanding of the context of the case.

In other words, they are selected according to their relevance in areas of law applicable across Canada; accordingly, a majority of our translations are of criminal law, bankruptcy law, and constitutional law cases.

@Matt re: force: The overwhelming weight of authority, both textbook and case law, supports the trial court's statement of the applicable principles of law.

In the invoked cases, the Court has previously decided to decline jurisdiction where it was obvious from the circumstances of the case that EU law was not applicable.