Sentences with phrase «on civil code»

The lower court, based on Civil Code section 3426.4 (allowing fee - shifting to a prevailing party if a trade secret claim of misappropriation is made in bad faith), awarded $ 735,781.27 in fees to defendants — comprised of a $ 535,215 lodestar augmented by a 1.3 positive enhancement for excellent defense work.

A prevailing alter ego defendant was awarded $ 134,469.36 out of a requested $ 353,047.50 in attorney's fees based on Civil Code section 1717 and the Reynolds case [one of our Leading Cases], but was denied recovery of fees for successfully defending on a fraud claim in a multi-phased trial.

Residency based on the civil code is defined as the place where one habitually resides.

Not exact matches

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at [phone] or [phone] Updated on Feb 28, 2011

Since the term «marriage» unfortunately has been written into civil code, with all its rights and responsibilities, civil authorities are bound not to deny marriage licenses based on gender.

5, in the 1983 Code of Canon Law, following the lead of the Second Vatican Council's Decree on the Pastoral Office of Bishops in the Church, states that, «In the future, no rights and privileges of election, nomination, presentation, or designation of bishops are granted to civil authorities.»

But some religiously orthodox wedding vendors are finding themselves compelled by the civil authorities to affirm an answer to that question that violates their religious convictions on the subject, and some religious institutions — from universities to social service agencies to private companies owned by orthodox believers — are finding themselves forced to take part in the enactment and enforcement of a moral code they are obliged to reject.

The mere fact that this law is applicable also to Jams, Buddhists and Sikhs clearly shows that from the beginning it should have been called Civil Code rather than Hindu Code» He adds, that it is not based on any Hindu Scriptures but on «modern concepts and progressive values and is applicable to all citizens irrespective of religion».

On the other hand, the Civil Code provides for the possibility of delegating the exercise of parental authority to a third party by the decision of a family law judge (articles 377 and following of the Civil Code).

In 2007, a German legislator proposed a seven - year contract; in 2010, a women's group in the Philippines proposed a 10 - year marital contract; and in 2011, Mexico City legislators suggested a reform to the civil code that would allow couples to decide on the length of their marital commitment, with a minimum of two years.

It continued that, «your actions as appeared on your facebook wall, constitute a major offense and breach of the Code of Ethics of both the Civil and Local Government Service under canon one - the Principle of anonymity and performance as stated in part II, enjoins officers to maintain neutrality in the performance of public functions ``.

The Home Office refused to comment on whether an individual Hizb - ut - Tahrir member was working at the IND, but a spokeswoman said all civil servants were required to abide by a professional code and by Home Office rules of governance and conduct.

It was «a lapse in oversight on our part [and when] brought to our attention, we corrected it,» Commissioner Bill Bratton said Tuesday of Section 50 - A of the New York State civil rights code, which restricts officers» personnel records from public release.

The code, which stipulates a 20 - year maximum tenure for heads of religious groups and civil rights organisations, among other provisions, was suspended by the Federal Government on Monday.

A Manhattan appeals court ruled on Thursday in two separate lawsuits that a long - established but contentious provision of the New York civil rights code prevents the disciplinary records of city police officers from being publicly released.

The French Civil code (modified on January 1, 2005), permits divorce for 4 different reasons; mutual consent (which comprises over 60 % of all divorces); acceptance; separation of 2 years; and due to the «fault» of one partner (accounting for most of the other 40 %).

provisions regarding conduct, dress and language deemed appropriate and acceptable on school property and at school functions, and conduct, dress and language deemed unacceptable and inappropriate on school property and at school functions and provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property and at school functions, including the appropriate range of disciplinary measures which may be imposed for violation of such code, and the roles of teachers, administrators, other school personnel, the board of education and parents or persons in parental relation;

Save for a few NAACP branches (including its affiliate in Connecticut, have stepped up in the discussions over Gov. Dan Malloy's school reform effort, and advocated on behalf of Bridgeport mother Tanya McDowell, who will serve five years for trying to provide her child with a high - quality school), the nation's oldest civil rights group offers nothing substantial on addressing issues such as ending Zip Code Education policies, expanding school choice, addressing childhood illiteracy, and revamping how teachers are recruited, trained, paid, and evaluated (especially when it comes to bringing more black men into the teaching profession).

Will you focus, as educators are focused, on the civil rights of all children, regardless of their zip code, by challenging the inequities so many face in equal access to programs, services and support?

on Some CT superintendents continue to violate parents» civil rights and their own Code of Responsibility

You can find more information on the Office of Civil Rights programs and statutory codes in the file below.

The information provided in the application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misinformation of the information contained in the application may result in civil liability, including monetary damages, to any person who may suffer any loss due to the reliance upon any misrepresentations that I have made on the application, and / or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec 1001, et seg.

Plaintiffs thereupon brought this action claiming inter alia that defendants» exercise of the «due - on» clause in these circumstances constituted an unreasonable restraint on alienation within the meaning of Civil Code section 711, and that as a result they were damaged in the amount of the difference between what the Nolls owed them under the installment land contract and what they in turn owed Lassen on the original loan.

I think this is what Stendahl meant when he said that every morning before writing on The Charterhouse of Parma he would read a few pages of the Civil Code.»»

On May 3rd, in light of the «handshake incident» in which Jamshed Bharucha fired student - instructor Vincent Hui and removed him from the cross-country team without due process, Cooper's Joint Student Council passed a resolution that they, «[do] not recognize the right of the administration to punish a student according to its own judgement without an official complaint and trial,» and that, «Removal of privileges due to «civil disobedience» is subject to the procedures outlined by the Code of Conduct.»

Gary B. Born, International Commercial Arbitration 3544 - 45 (2014); Alan Redfern, J. Martin Hunter et al., Redfern & Hunter on International Arbitration 645, para. 11.76 (2009)(referring to The Arab Republic of Egypt v. Southern Pacific Properties, Court of Appeal of Paris, France, 12 July 1984, 23 ILM (1984)-RRB-; Paolo Michele Patocchi & Cesare Jermini, Article 194, in International Arbitration in Switzerland: an Introduction to and a Commentary on Articles 176 - 194 of the Swiss Private International Law Statute 660 - 61, para. 94 (S.V. Berti et al. eds., 2000); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541, para. 83 (K.H. Böckstiegel, S. Kröll, P. Nacimiento eds., 2007); Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 639 - 40 (E. Gaillard, D. di Pietro eds., 2008).

The appellate court affirmed the appeal of the postjudgment appeals ruling, finding the trial judge properly found the «gist» of the complaint / cross-claims were to enforce provisions of the governing documents on equitable theories such that plaintiff prevailed and was entitled to fees under Civil Code section 1354 (c).

Jean - François Poudret, Sebastien Besson, Comparative Law of International Arbitration 836 - 37, para. 914 (2007); Fouchard Gaillard Goldman on International Commercial Arbitration 987 - 88, para. 1700 (E. Gaillard, J. Savage eds., 1999); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541 - 42, para. 84 (K. H. Böckstiegel, S. M. Kröll, P. Nacimiento eds., 2007).

The UAE Civil Code expands on this position and provides that any person who suffers unlawful violation of their rights shall have the right for such violation to cease and to claim damages for any harm suffered.

The bill for a New Code of Civil Procedure (NCPC) was approved by the Brazilian Senate on 16 December 2014.

On October 1, 1991, the Territorial Court obtained jurisdiction over all local civil actions in accordance with 4 V.I. Code Ann.

Jean François Poudret, Sébastien Besson, Comparative Law of International Arbitration 836 - 37, para. 913 (2007); Stefan Michael Kröll, Commentary on the German Arbitration Law (10th Book of the German Code of Civil Procedure), in Arbitration in Germany: The Model Law in Practice 541 - 42, para. 84 (K. H. Böckstiegel, S. Kröll, P. Nacimiento eds., 2007); Mercédeh Azeredo da Silveira & Laurent Levy, Transgression of the Arbitrators» Authority: Article V (1)(c) of the New York Convention, in Enforcement of Arbitration Agreements and International Arbitral Awards: The New York Convention in Practice 639, 650 - 53 (E. Gaillard, D. Di Pietro eds., 2008).

The trial judge later granted a JNOV motion in HOA's favor on the nuisance claim, subsequently awarding HOA $ 707,117 as the prevailing party under Civil Code section 5975.

For the reasons given by the Court of Appeal, we are all of the opinion that the exclusion from the insurance policy based on art. 2402 of the Civil Code of Québec may not be set up against the heirs of the insured, as that article must, even in light of s. 34 (1) of the federal Interpretation Act, R.S.C. 1985, c. I - 21, be interpreted having regard to the principles of interpretation that apply in the area of insurance law so as to favour the precision and certainty of the grounds for exclusion in such matters.

On this basis, art. 2402 of the Civil Code of Québec concerns only indictable offences, those that are punishable exclusively by way of indictment, and not, as in this case, hybrid offences.

While Quebec is consulting and holding public hearings on euthanasia and assisted suicide, on April 26, 2011, British Columbia's Civil Liberties Association (BCCLA) and three other plaintiffs filed a lawsuit in BC's Supreme Court challenging Canada's Criminal Code provisions against euthanasia and assisted suicide.

When I saw how quick information related to topics like climate change, civil rights, healthcare, disappeared from U.S. government websites immediately after (or on) Inauguration Day, I couldn't help thinking that we were lucky not to have to rely only on government websites to have access to copies of the U.S. Code or key decisions (in relation to a certain travel ban for instance).

Although arguing Civil Code section 1717 did not allow for such an award, homeowner ignored the fact that the settlement agreement had an express provision allowing for post-judgment enforcement fee recovery based on the judgment entered as a result of the settlement.

Chapter 2 presents some overarching background detail on the European legal framework for privacy and data protection, noting: the former European «pillar structure»; relevant legal instruments and the differences in conceptualisation of privacy between common law and civil code countries.

Usually, a winning SLAPP defendant has to apportion fees attributable to SLAPP activities, but this decision allows the trial judge to award extra-SLAPP fees as long as the other activities were «on the contract» under Civil Code section 1717 for purposes of fee recovery in the entire litigation matter.

Portuguese Law is made up of a Constitution and a series of Codified Laws such as the Civil Code, the Penal Code, the Commercial Code and so on.

Issues concerning a claim for damages for breaches of contract governed by UAE law and based on various articles of UAE Civil Code (Civil Transactions Law (Federal Law No. 5 of 1985)-RRB- including articles 246, 282, 905 and 909, as well as the Labor Code and Commercial Transactions Law.

In parallel, the judicial commission of the States Council also submitted a «postulat» in March 2016 requesting the Federal Council to elaborate a report on the issue of the privilege for in - house lawyers and to come up with solutions, for instance, in the framework of the future revision of the Swiss Civil Procedure Code or the Swiss Criminal Procedure Code.

Quebec's new Code of Civil Procedure received royal assent with amendments on February 21, 2014, and is expected to come into force by proclamation in fall 2015.

Dispute between two leading US based management consultancies over a team move in Dubai (UAE): High Court claim in England based entirely on UAE law, including alleged breaches of contract (governed by UAE law) article 64 of the Commercial Transactions Code, articles 120 and 127 of the UAE Labor Law, articles 246 and 282 of the Civil Transactions cCode, articles 120 and 127 of the UAE Labor Law, articles 246 and 282 of the Civil Transactions codecode.

Ohio Revised Code § 2315.18 establishes caps on noneconomic damages while § 2315.21 (D) limits the amount of punitive damages that can be awarded in civil lawsuits.

On June 30, 2008, the Ontario government amended the Ontario Human Rights Code («the Code») came into force that allow human rights damages under the Code to be dealt with either as civil claims before the courts or as applications before the Human Rights Tribunal of Ontario (HRTO).

Under California Code of Civil Procedures, Section 338, you have three years to file a property damage lawsuit, beginning on the day of the accident.

Securing a preliminary injunction on behalf of the City of Philadelphia against another governmental agency from carrying out discriminatory elements of a fare plan and the denial of preliminary injunction in a civil rights suit, which was dismissed with prejudice, alleging racial discrimination in the implementation of certain regulations of the Pennsylvania Liquor Code.

The court affirmed the order of the trial judge requiring the disclosure to be made relying on article 402 of Quebec's Code of Civil Procedure, CQLR c. C - 25 in conjunction with the exceptions to the protection of privacy in s. 193 of the Criminal Code.