Sentences with phrase «on statutory»

The statutory warranty enables subsequent purchasers to sue the owner - builder for defects as set out on the statutory warranty.

NAR will continue to work with lawmakers in Congress on statutory curbs to patent troll.

The court said that it would «throw out the words «parental alienation syndrome»,» basing its findings on the statutory standard, which was the willingness and ability of each parent to facilitate and encourage a continuing relationship between the other parent and the child.

There may be benefit in distinguishing the government's role to focus on statutory intervention processes where a child is determined to be at risk.

We also inform you of the Prime Minister's Speech on families, the current position on the Statutory Guidance and the Recruitment Marketing resources.

Rationality lies somewhere between his findings and the Utah Supreme Court's ruling that a father's attack on the statutory maternal presumption «might have some merit... if the father was equally gifted in lactation as is the mother.»

Advisors will not offer their personal opinion on issues raised, but offer advice based on the presenting problem and best practice guidelines, i.e. based on statutory guidance, national minimum standards etc. to enable the foster carer to make up their own mind about next steps.

Further backdating may be examined on a statutory basis in specific circumstances.

Local authorities, however, were given no additional money to implement the guidance, and given the current financial constraints it might be inevitable that limited resources will be focused on statutory responsibilities.

In Colorado, the calculation of child support may seem straightforward because it is based on a statutory formula.

Each property item or asset must be divided individually based on the statutory criteria applicable to that asset.

When a Georgia court must decide custody and visitation because parents can't agree on a parenting plan, judges fall back on a statutory list of factors based on the best interests of the children.

that the Federal Court play a more assertive role in ensuring that a PBC has been nominated and is fully prepared to take on its statutory obligations to hold or manage the native title rights and interests at the time of the determination.

The court has no intimate knowledge of your family to guide a custody decision, so it must fall back on a statutory standard provided by law.

Like most states, Kentucky courts fall back on a statutory list of best interests factors when deciding which parent should have primary residential custody.

The Education Act 1998 put the system on a statutory basis and set out the responsibilities of the boards.

• Worked with Review magazine developing their copyright compliance prior to launch • Advised major auto manufacturer on joint venture for telematics system • Negotiated national assets and rights sale of Gomez G&G Sports • Advised board of a Fortune 100 company on national litigation matters • Advised fitness center franchise on statutory merger with a major sports franchise

Various products offered to corporate are based on both statutory requirements as well as voluntary requirements.

The Commission does not propose that chargeback be put on a statutory footing, but acknowledges that this might be necessary in future if the card schemes take steps to remove or limit the protections offered.

Interestingly, while there was a focus on the statutory maximum, there was little discussion of a penalty «range,» which to this observer would have seemed to address much of the concern.

After reviewing the merits briefs in O'Brien and Burgess (which are available here thanks to the ABA), my gut tells me that the Justices will be drawn to ruling for the defendants on statutory interpretation grounds, which will allow the Court to dodge all the tough constitutional questions that a ruling for the government could present.

At a time when other jurisdictions are looking to replicate the derivative suit as part of their legal protection for minority shareholders, the UK has decided to codify the law in this area and put the suit on a statutory footing.

Legislation such as the Enterprise Act 2002 and the Serious Organised Crime and Police Act 2005 (SOCPA 2005) has placed immunity from prosecution on a statutory footing and the Office of Fair Trading has published detailed guidance about how immunity can be secured.

In this case, the Ontario Labour Relations Board allowed a document to be introduced based on the business records and ancient document rules and did not rely on the statutory provisions for discretion in admitting evidence.

The paper, excerpted here (pp. 1 - 3, 12 - 13) is a Background Discussion on Statutory Wills, as part of the ULCC's Uniform Wills Act project.

Canada introduced a new process whereby the Competition Bureau can make supplementary information requests, which have the effect of stopping the clock on the statutory requirements imposed upon the Bureau with respect to completion of merger reviews.

The green paper also promised greater accountability: by requiring approval of the House of Commons to the dissolution of Parliament; giving a majority of members the power to demand the recall of parliament; and putting the Civil Service on a statutory footing.

It held that Art 3 (1) of the First Directive precludes an insurer from being able to rely on statutory provisions or contractual clauses to refuse to compensate third - party victims of an accident caused by the insured vehicle [para 20].

The CA saw «no reason in policy or principle which requires us to hold that a claimant who wishes to opt for self - funding and damages in preference to reliance on the statutory obligations of a public authority should not be entitled to do so».

Where lawyers advise the board of a company it is important to advise on statutory obligations when the company is in distress.

Most recently I have been closely involved in working with several other leading practitioners on statutory reform to address the problems arising from the China Cement decision.

For this, Justice Souter cited Lewis Carroll on Statutory Interpretation: ««Humpty Dumpty used a word to mean just what he chose it to mean — neither more nor less,»» and [Congress], too, [is] free to be unorthodox... but [it] would need to tell us so.»

An experienced speaker, Breon has prepared and presented seminars for clients and colleagues on statutory compliance, case law developments, and effective witness preparation.

That must necessarily depend on the significance of the right interfered with, the degree of interference involved, and notably the extent to which, even on a statutory appeal, the court is competent to reassess the balance which the decision - maker was called on to make given the subject - matter.

The majority were generally supportive of the Bill's approach, which proposed the use of regulations to provide details on statutory requirements.

I guess it would be a fun question to put on a statutory interpretation exam, if you are a slightly sadistic professor.

[176] As we have already discussed in our earlier comments on statutory interpretation, the Court relied upon the Cohen Committee report on hate propaganda to conclude that individuals subjected to racial or religious hatred are prone to psychological distress causing loss of self - esteem and feelings of anger and outrage.

However, it is a place of diminishing importance, as courts have increasingly sought to attribute meaning to the text of legislation by placing more weight on the statutory context in which the words are used, and the purposes underlying the legislative scheme.

Our settled practice, however, is to avoid the decision of a constitutional issue if a case can be fairly decided on a statutory ground.

Possible topics about pedagogy include: • Structuring statutory drafting courses • Simulation courses designed using mock legislatures or committees • Course linkages with real - world legislators and special interest organizations • Service learning or clinical opportunities for law students • Courses focused on law reform efforts • How to employ Plain - English principles in statutory and rule drafting • Theoretical perspectives on statutory drafting • Involving political realities in law school drafting courses • Teaching practical aspects of drafting that addresses theories and principles of statutory interpretation and construction Possible topics about practice include: • Unique challenges of drafting laws and / or regulations in specific areas such as criminal law, environmental, health law, etc. • Lawyering for non-profits, federal and state agencies, local governments, and other clients in frequent need of rule - drafting • Practicing in employment law, health law, environmental law, and other heavily regulated fields where private clients require rule and policy drafting • Non-legal drafting opportunities, such as sports league rules, industry trade group policies, and university rules Possible topics about politics include: • Political influences affecting legislative drafting • Direct democracy and the unique challenges of drafting initiatives and referenda • The implications of special interests driving drafting decisions • Polictics and its influence on legislative history • Lobbyists as legislative drafters.

Mistrale Goudreau and Joao Velloso have written an interesting article on statutory damages in the recently published book Intellectual Property Law for the 21st Century: Interdisciplinary Approaches.

• Background on statutory interpretation, the rule in Pepper v Hart (1993 HL) that allows citation of Hansard in court, and developments since it was decided in 1992.

• Bills, Hansard and other parliamentary materials: how to find them and use them • Debates on private bills and on statutory instruments

Further doubt was cast by cross-party MPs serving on the joint committee on statutory instruments, who suggested in a report last month that the increase could be ultra vires and therefore unlawful, as well as making an unexpected use of the power conferred by the enabling Act.

Against defendant landlord manager, the jury awarded $ 2,153.03 against manager on the negligent claim, but found for her on the remaining claims which survived a nonsuit motion (with the jury finding for the defense on the statutory ordinance eviction claim asserted by plaintiffs).

He also experienced with the Workplace Safety and Appeals Tribunal and he regularly advises insurers on Statutory Accident Benefits matters.

Decision on statutory immunity: The court noted that under s. 38 of the Ontario Regulated Health Professions Act, the defendants were statutorily immune from suit, absent bad faith.

Your Right to Paid Holidays (PDF) Provides a list of statutory holidays, outlines the qualifications needed to get statutory holiday pay, and details workers» rights when working on a statutory holiday.

In March 2012 the Law Reform Commission of Saskatchewan published its report on statutory appeals (Saskatchewan, Appeals from the Exercise of Statutory Powers of Decision).

It is true that Au dragon forgé turned on statutory interpretation, but this misconceives the role of the Dunsmuir framework.