Sentences with phrase «on prior judgments»

Whether, for example, one views committed pro-lifers as heroes or fanatics will depend on prior judgments regarding abortion.

Not exact matches

What's important is that Thomas's entire argument hinges on the notion that the act of judgment presupposes a prior act of legislation.

First, the judgment on these cities for their wickedness had been announced prior to the alleged homosexual incident.

In his confession, as in Dunham's, there is no judgment and no redemption — only an exploration of his inner self, and exposure of his outer self, in an attempt to see and justify what he «truly» was prior to the corruptions visited on him by society.

On the other hand, the chief problem with the view of the new reformers is that it fails to recognize that a sexual self, liberated from undertakings that have a moral claim upon it prior to any of its particular intentions and choices, has no satisfactory way to make moral judgments about what it intends, chooses, promises, and then undertakes.

They don't carry the evidence of a prior way of life; they don't pronounce judgment on our society.

In identifying specific causal relations, event A, is almost always judged to be the cause of B, (that is, when our judgment is reasonable) because of the prior conjunction of events of sort A with events of sort B, or analogous evidence, rather than on the basis of direct discrimination of a process in B, taking account of, flowing from, or forming itself by virtue of Ai (PNK 87).4

An order that the contents of relief (i) above be subject to the prior approval of plaintiff, and for defendants to personally and separately read out same on all media networks mentioned in paragraphs 7 and 15 above and doing so within 14 days from the day of judgment.

This was because the women had no prior knowledge of the brand on which to base their judgment on.

It didn't affect the Oscar nominations, since voting closed prior to its publication — but it is a potent piece of writing that went beyond criticism, calling into judgment the voting bodies that have heaped so much praise on the film already.

This is because all such judgments are subject to extended quality assurance procedures prior to authorisation of the judgment on behalf of Her Majesty's Chief Inspector.

If you have certain derogatory items present on your credit reports (collections, judgments, tax liens, etc.), your lender may also need these to be paid prior to closing.

However, a motor vehicle title lender may seek a personal money judgment against you if you impair the motor vehicle title lender's security interest by (i) intentionally damaging or destroying your motor vehicle; (ii) intentionally hiding your motor vehicle; (iii) giving the motor vehicle title lender a lien on a motor vehicle that has an undisclosed prior lien; (iv) selling your motor vehicle without the motor vehicle title lender's written consent; or (v) securing another loan or obligation with a security interest in your motor vehicle without the motor vehicle title lender's written consent.

Prior to entry of judgment on a consumer credit transaction, the creditor may not attach unpaid earnings of the debtor by garnishment.

Factors which may cause the adviser to make such a judgment include, but are not limited to, the following: only a bid price or an asked price is available; the spread between bid and asked prices is substantial; the frequency of sales; the thinness of the market; the size of reported trades; and actions of the securities markets, such as the suspension or limitation of trading; (iii) securities determined to be illiquid; (iv) securities with respect to which an event that will affect the value thereof has occurred (a «significant event») since the closing prices were established on the principal exchange on which they are traded, but prior to the Fund's calculation of its net asset value.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.

The recognition of scientific expertise — the very stuff that enables scientists to build on prior results — at the same time makes scientific judgments inescapably personal and historical, undermining our deepest wishes for knowledge that might somehow be transcendent.»

Penn State seems to have planted the seed that they are not responsible for, and therefore will not pass judgment on work done by or acts committed by Mann prior to his arrival at Penn State.

In a complicated construction dispute between window subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed some fee awards against window subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as to one party, and giving effect to a prior appellate decision overturning judgments in favor of the parties sued by window subcontractor.

[60] Clearly the Chinese Judgments are not inconsistent with any prior judgment and clearly they were not based on a foreign penal, revenue or other public law.

If followed in future judgments, this would helpfully tidy up the Court's ambivalent stance on minimum harmonisation prior to Philip Morris.

The first surgeon then brought a motion for summary judgment on the basis that the plaintiff discovered her claim prior to January 1, 2004, and as a result, the one - year limitation period established in s. 89 (1) of the Health Professions Procedural Code, S.O. 1991 applied.

The CJEU handed down an important judgment two weeks ago on EU water policy which concerns a number of interesting definitional issues as well as the more general issue of legal effects of directives prior to their transposition deadline.

This post critically analyses the Court of Appeal's judgment in Tom Watson and Others v Secretary of State for the Home Department with regards to general data retention, access to communications data on the basis of prior review by a court or an independent administrative body and notifications.

The plaintiff argued that the trial court erred in granting summary judgment because there was a genuine issue of material fact as to whether the defendant driver was negligent in parking the truck on the street in front of his home, considering the prior accident.

Prior to trial, the court granted Krausz summary judgment on the issue of the lawyer's negligence.

As to Fastcase's claim for declaratory judgment related to its copying of materials prior to April 7, summary judgment should be denied based on disputes as to material fact, as well as the need for discovery as to certain material facts.

Lord Collins» judgment on this point is referred to by Lady Fox in her book, The Law of State Immunity (3rd Edition) at page 379 as the corrected view of the law prior to the 1978 Act.

In addition, the ex-husband claimed that, based on the Supreme Court judgment in the parties» matrimonial action, the ex-wife, whose two prior small claims actions had been dismissed, was precluded from bringing this action under the doctrine of res judicata.

On the subsequent appeal, the Court of Appeal noted that summary judgment for divorce should not be granted where it would result in the other spouse losing benefits such as health insurance coverage prior to the determination of the corollary relief issues.

• Leadership... but not dictatorship • An optimistic, realistic vision of the firm • Focus on strategic issues rather than day - to - day administrative matters • Build relationships with each of the partners • Possess the instinct to know when to consult with and secure support of partners • Build a consensus on key issues prior to presenting initiatives • Financial knowledge and good business judgment • Be decisive... but build consensus • Listen to all points of view • Willingness to take prudent risks • Appreciation of firm culture • Maintain confidence • Be accessible • Always have a few minutes to listen • Provide recognition and praise • Communicate with associates and staff

Prior to outsourcing, the Courts» process for review per judgment required staff time ranging from one to four hours, depending on the complexity of the judgment's privacy considerations.

Ex-client had really obtained relief on the prior appellate victory challenging the 1999 default judgment, such that no further true relief was granted in the collateral attack proceeding.

1426 (N.D.Cal.1996)(«Bernstein I»), and subsequently granted summary judgment to Bernstein on his First Amendment claims, holding the challenged ITAR regulations facially invalid as a prior restraint on speech, see Bernstein v. U.S. Department of State, 945 F.Supp.

App., Apr. 6, 2010)(affirming summary judgment dismissing malpractice claim on grounds of prior release)(unpublished)(hat tip: Ken Adams).

On appeal to the Nebraska Supreme Court, secured the reversal of summary judgment granted against client where, prior to representation, the client had been convicted of a moving traffic violation.

Whereas the NPRM would have allowed health care providers to disclose an incapacitated patient's information to the facility's directory «at its discretion and consistent with good medical practice and any prior expressions of preference of which the covered entity [was] aware,» the final rule states that in these situations (and in other emergency treatment circumstances), covered health care providers must make the decision on whether to include the patient's information in the facility's directory in accordance with professional judgment as to the patient's best interest.

Sterling Lumber Company v. Harrison, 2010 FCA 21, was a rare instance where the court granted summary judgment on issues of patent validity based on an admission during discovery of sales made prior to the relevant date that embodied the claims of the patent at issue.

Information about judgments prior to 1996 can be found on the judgements page.

Justice Timms indicated at the conclusion of the evidence that he had considerable prior demands upon his schedule in terms of reserve judgments and that the parties regrettably could expect a long period of reserve before he would be in a position to release his decision and reasons on the trial.

Moreover, his judgment (starting off with an admirable reference to the Admiral Byng principle of shooting one admiral pour encourager les autres) proceeds on the basis that the claimant was entirely innocent of the outbreak of disease in the hospital in the light of which she resigned prior to a report highly critical of the hospital; while this may be technically correct, she was the chief executive at the time — when did the idea that the buck stops at the top become so hopelessly old fashioned?

Parties seeking to rely on a pre-action admission prior to 6 April 2007, and which has since been withdrawn, are left in an unenviable position whereby: n the party withdrawing the admission does not require the court's permission to resile from such an admission; n only where the case is very strong can an application for summary judgment be contemplated under CPR 24.

In accordance with the importance that the phenomenological approach attaches to subjectivity and sense of self as the starting points for knowledge, emphasis is placed on the need for the clinician to focus on the subjective experiences of the at - risk individual, to set aside prior assumptions, judgments, or interpretations, and to identify ways of bridging gaps in communication associated with negative emotions.

Most courts allow modification of prior judgments, agreements or orders based on an unanticipated «material change of circumstance», supported by public policies which advocate that all child - related issues should be modifiable as the «best interests of the child (ren)» change.

They also stated the leverage is on my side since I can trace the current DOT back to a judgment that was recorded prior to any of the recent shenanigans.

Shepherd Real Estate v. Ferguson (204 A.D. 2d 392) judgment granting defendant's motion for summary judgment and dismissing complaint affirmed; broker failed to produce buyer ready, willing and able; buyer and seller were unable to meet agreement on inclusion of clause in contract (regarding unlimited access to property prior to closing).

Agawam Realty v. Haggerty (223 A.D. 2d 518)- summary judgment for broker's commission reversed; material issues of fact exist as to whether broker procured a buyer who was ready, willing and able to purchase; seller accepts second offer after initial buyer failed to sign contract and tender deposit within 8 days of receipt of contract which was based on terms of offer made by buyer in Purchase Memorandum; issue of fact as to whether buyer was willing to purchase as measured by whether buyer was provided reasonable time to sign contract and tender deposit; dissent finds broker earned commission prior to seller's determination buyer was unwilling to purchase.

357 DOS 02 Matter of DOS v. Elias - failure to appear at hearing; failure to pay judgment; proper business practices; deposits; DOS fails its burden of proof; restitution; ex parte hearing may proceed upon proof of proper service; respondent failed to fully satisfy a judgment obtained against him without showing that he was unable to do so; a rental broker is entitled to compensation only after procuring a rental agreement between tenant and landlord; retaining part or all of the deposit without obtaining a rental agreement demonstrates untrustworthiness and incompetency; restitution may be ordered as a condition to retention of the broker's license where he has received money to which he is not entitled; unlawful for broker to operate real estate brokerage business at an address other than that which was stated on his application; broker operated his real estate business out of an address prior to obtaining a license for that address; DOS failed to prove that respondent commingled and converted deposits; real estate brokers license suspended for four months and an additional period of time until respondent proves he has paid the balance of the judgment

321 DOS 00 DOS v. Kerr - deposits; failure to appear at hearing; failure to pay judgment; disclosure of agency relationships; material misstatement on application; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proper notice; broker fails to provide RPL § 443 agency disclosure notice to landlord / client prior to entering into listing agreement; broker commits conversion upon exercising unauthorized right of ownership over rental deposits and payments collected on behalf of principal; failure to satisfy judgment is demonstration of untrustworthiness unless broker presents valid evidence of inability to pay; failure to respond to DOS request letter constitutes failure to cooperate; material misstatement on application by denying prior license suspension; broker's license revoked