Sentences with phrase «of the legal tests for»

Although the Court of Appeal did not find that Judge Lenehan had erred in law by stating that «a drunk can consent», his application of the legal test for a person's capacity to consent to sexual activity was a legal error.

NAF Comment: A key part of the legal test for unprofessional conduct is the whether the conduct lowers the reputation of the profession in the eyes of a reasonable and informed person.

It appears that the phrase «very small minority» merely replaced «truly exceptional» as one of the legal tests for whether a delay case can succeed.

In a unanimous decision, the Supreme Court decided in favour Kiselbach and SWUAV and laid out a more flexible version of the legal test for courts deciding whether to grant public interest standing in future.

Not exact matches

Fiat Chrysler's stock fell the most after Reuters reported in the previous session that the European Union would begin legal action against Italy for not policing allegations of emission test cheating by the car maker.

Actual results and the timing of events could differ materially from those anticipated in the forward - looking statements due to these risks and uncertainties as well as other factors, which include, without limitation: the uncertain timing of, and risks relating to, the executive search process; risks related to the potential failure of eptinezumab to demonstrate safety and efficacy in clinical testing; Alder's ability to conduct clinical trials and studies of eptinezumab sufficient to achieve a positive completion; the availability of data at the expected times; the clinical, therapeutic and commercial value of eptinezumab; risks and uncertainties related to regulatory application, review and approval processes and Alder's compliance with applicable legal and regulatory requirements; risks and uncertainties relating to the manufacture of eptinezumab; Alder's ability to obtain and protect intellectual property rights, and operate without infringing on the intellectual property rights of others; the uncertain timing and level of expenses associated with Alder's development and commercialization activities; the sufficiency of Alder's capital and other resources; market competition; changes in economic and business conditions; and other factors discussed under the caption «Risk Factors» in Alder's Annual Report on Form 10 - K for the fiscal year ended December 31, 2017, which was filed with the Securities and Exchange Commission (SEC) on February 26, 2018, and is available on the SEC's website at www.sec.gov.

Tree — who said the policy change restored a price support for growers by reintroducing a «federal risk premium» — told Business Insider that while consumers in states were marijuana was legal were probably used to a high - quality and tested product, he suspected cracking down on legal marijuana production and sales would incentivize trafficking of lower - quality marijuana to states where the drug is still illegal.

The case is seen as a new test for Norway's legal system, as the country tries to forget the name of the perpetrator behind the deadliest carnage on its soil since World War II.

While no suit has been officially filed, bidding documents from the Attorney General's office indicate that the state is preparing to hire outside counsel for «commencing legal action against Theranos, Inc. and its closely related subsidiaries for violations of the Arizona Consumer Fraud Act arising out of Theranos Inc.'s long - running scheme of deceptive acts and misrepresentations relating to the capabilities and operation of Theranos blood testing equipment.»

The three states have lists of pesticides that are OK to use on marijuana, but so far none is conducting regular tests for banned pesticides, which has raised public health worries even though there's little or no indication of people becoming ill because of pesticides in legal marijuana products.

The DOL's former head of wage enforcement, David Weil, recently suggested that weighing whether gig economy workers should be classified as employees or independent contractors is not so different than making the same determination for workers at brick - and - mortar businesses.84 Existing legal tests to determine whether a worker is an employee or an independent contractor are multifactor, fact - based exercises based on the level of control a company exerts over the workers in question.

On Twitter, the New York Times» Nathaniel Popper said that the firms apparently argued for a «safe harbor,» essentially a measure of legal immunity while the fledgling blockchain and cryptocurrency industry tests its wings.

It would be the state's first legal test over whether a borrower can sue a bank for breach of contract after the lender rejected a loan revision when the borrower satisfied a government - supported mortgage - conversion program, the judge wrote.

There is a strong legal argument for why some of the tokens that have come after BTC are not securities, but many other tokens that have popped up over the past 18 months look more like a security as defined by the Howey Test.

Most of the time, the just war tradition is used to test a particular war (or a strategy or a weapon) for its moral and legal acceptability.

The test of judicial fitness could hardly be put more starkly: «The issue is too important to American society — and Mr. Clinton's promise too clear — to fiddle around with judicial candidates who don't have a forthright record of legal and moral support for the constitutional right to abortion.»

Atty. Zelda Soriano, Legal Counsel for the Petitioners discussed the grounds on which the appellate court based their favorable decision, which includes the main argument of the petitioners that the field testing is characterized by «serious scientific uncertainty with regard to its health and environmental effects.»

Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market power (legal framework must «level the balance of market power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)

But in a handful of states, you're not allowed to say no — the state believes testing is so important for your child's health that you have no legal right to refuse.

Lee failed a sobriety test and police later determined she had a blood - alcohol content of.14, well above the legal.08 threshold for a DWI.

Questions - Ensuring media plurality in the UK, abolition of the death penalty in China and in other countries, diagnostic testing for children with dyslexia Legislation - Legal Aid, Sentencing and Punishment of Offenders Bill - Report stage Debate - Rebalancing the responsibilities of motorists and cyclists on the roads

Evidence shows that the most effective policies to reduce alcohol harms, including harms to others, are: - Raising the price of the cheapest alcohol, through taxation and minimum unit pricing - Regulating the density of outlets that can serve alcohol and restricting the permitted hours of sale - drink driving laws, including a lower legal blood alcohol limit and random roadside breath tests - Screening and brief advice for people who are at risk of drinking to a level that is harmful to themselves and others However, the most effective approach is a comprehensive, multi-sectorial set of measures that work together to reduce levels of harmful drinking.

HMRC say that the current VAT penalty regime (which identifies careless or deliberate errors) requires HMRC to specify whether they are alleging one or the other of actual and constructive knowledge for the purposes of the penalty, whereas they do not need to make this distinction for the legal test in respect of the tax itself.

She rejected arguments for the use of prima facie evidence tests before extradition, saying it would be «absurd» to demand it of «mature legal systems» in the US, Canada and Australia when it is not required for other countries.

When DNA tests showed that he was the father of her first child, he petitioned the courts for legal access.

ALBANY — A drive to repeal New York's legal requirement basing teacher job ratings largely on students» state tests scores ignited debate Monday over the question of whether repeal could mean «double testing» for students.

Some of the proposals Cameron suggested included a crackdown on new immigrants claiming benefits and the development of a «residency test» to make it more difficult for migrants to access legal aid.

Auditors also said that although Legal Aid, as a nonprofit, is required to return any unused county funds, the agency failed to remit a total of $ 38,296 in health insurance rebates and refunds for polygraph tests, legislative awards and short - term disability to the county.

The Governments have agreed that the referendum should have a clear legal base; be legislated for by the Scottish Parliament; be conducted so as to command the confidence of parliaments, government and people; and deliver a fair test and decisive expression of the views of people in Scotland and a result that everyone will respect...

The hearing provided the most formal legal test yet of whether fMRI lie detection meets the so - called Daubert standard for admitting evidence in federal court, and as such it could set an important precedent.

The most significant finding of a recent study considered by the Ethical, Legal and Social Implications Group of the US Human Genome Project was the lack of demand for testing: people don't want it (New Scientist, 18 September).

Other sessions focused on electronic health records, reimbursement, education of patients and their care givers, and such ethical, legal, and policy issues as privacy, patients» responsibility for their own health, and direct to consumer testing, among others.

«The ethical, legal, and social issues in genetic and genomic testing have been subject to special scrutiny for several reasons,» Jeffery R. Botkin, MD, MPH, chief of the division of medical ethics and humanities in the department of internal medicine at the University of Utah.

While 9 out of 10 want states to do more to require financial support from the baby's father, far fewer felt their state should provide legal help for getting child support (53 percent) or paternity testing (44 percent).

In this list of the best several legal steroid reviews in the marketplace for 2015/16 you will find thouroughly tested legal unhealthy steroids that boost mass, stamina and meaning both as well as effectively maximizing your training results for the best!

Lucky for Bonds, despite testing positive for Deca, he did not get into any trouble because, at that time, the MLB had no clear rules prohibiting the use of legal steroids.

In this set of the best 5 legal anabolic steroid reviews out there for 2015/16 you will find thoroughly tested legal steroid drugs that improve mass, strength and classification both as well as effectively exploiting your exercise results for the best!

In this listing of the best four legal steroid reviews available for 2015/16 you will find thoroughly tested legal steroid drugs that boost mass, strength and classification both safely and effectively making the most of your exercise results for the best!

Whether tests are designed by the Smarter Balanced Assessment Consortium (SCAC) or the Partnership for Assessment of Readiness for College and Careers (PARCC), schools nationwide are most likely beginning those additional meetings, signing legal documents full of security warnings, and sending out robocalls with such sage wisdom as «Get sleep.»

As for the legal question, as this brief from Dennis Cariello makes clear, Congress debated whether to allow states to let districts choose among a menu of tests, and decided against it — at least for grades 3 — 8.

Officials at the Department of Education's office for civil rights have expanded a controversial draft guide outlining the proper use of high - stakes tests in an effort to better detail the legal principles involved and ways in which such issues will affect students.

Thus, New Jersey's first set of mandated curriculum standards and high stakes tests were created to satisfy legal and political mandates, not for educational reasons.

The chairman of the Indiana Senate's Appropriations Committee says state education officials are out of bounds in using a bill he sponsored in 2010 as the legal basis for a controversial statewide reading test, the IREAD - 3.

In addition to the legal action, the union has distributed letters for teachers to give to their principals, expressing opposition to the new evaluations and the use of standardized test scores in setting objectives for teachers in initial planning conferences.

The initial signers include the NAACP Legal Defense Fund, Parents Across America, National Education Association, United Church of Christ Justice and Witness Ministries, Advancement Project, National Center for Fair & Open Testing (FairTest), Asian American Legal Defense and Education Fund, and Forum for Education and Democracy.

Please consider for future investigations some kind of attention to the legal implications of high - stakes tests, especially given the many ways that it appears these test scores are being planned to be used: http://sco.lt/8YyD5N.

It's unclear whether the Houston school district will now negotiate a settlement with the teachers union or end up back in court, but either way, the decision comes at a significant time for the test - based accountability movement, which has faced a number of legal and political challenges over the past several years.

And, despite some legal challenges and boycotts, more contracts potentially worth billions of dollars for testing, instructional materials and teacher training are on the way.

Do school superintendents follow orders from above and turn their backs on the parents whose fundamental rights can not be abridged or do they stand up and fulfill their moral, ethical, and I would argue legal, responsibility to create healthy, safe and productive learning environments for all of their students, including those whose parents have opted them out of the Common Core testing.

-- There is no federal or state law, regulation or legal policy that prohibits parents from opting their children out of the unfair, discriminatory and inappropriate Common Core testing program — and that includes the Smarter Balanced Assessment Consortium (SBAC) tests for grades 3 - 8 and the new SAT for grade 11.