Sentences with phrase «ordinary court within»

Not exact matches

A court might specify that a Charter - compliant scheme would include limiting features such as: (1) approximately 30 - day time limits on separation, within which the prison can decide whether and how to arrange a transfer, dispute resolution, enhanced supervision protocols, medical treatment or other technique to facilitate return to the ordinary prison community; (2) a requirement that the prison obtain a court order for any separation that extends beyond the prescribed time limit; and (3) an independent, external authority to review placement decisions, conduct regular inspections of segregation units, and ensure the provision of ordinary programming and health care to segregated prisoners.

The court found that the physical configurations used by Nintendo met the requirements of the act for TPMs as they fall within the definition of «any effective technology, device or component that, in the ordinary course of its operation, (a) controls access to a work...»

In granting permission to serve out of the jurisdiction the court was exercising an exorbitant jurisdiction over those who were not within its ordinary reach.

As the court of appeal commented, defining the parameters of promissory estoppel was a matter within the purview of the ordinary courts and outside that of labour arbitrators.

The appellate court explained that to recover compensation in a premises liability claim, a plaintiff must show that the defendant knew or should have known about the danger and that the plaintiff lacked knowledge of the danger, in spite of his ordinary care, due to actions or conditions within the owner's control.

Constructive Knowledge This can be a little more complicated, as constructive knowledge is inferred by the court if Landowner puts forth no evidence of a «reasonable» inspection procedure to comply with its statutory duty quoted above) and (2) that, despite the exercise of ordinary care, Plaintiff lacked knowledge of the hazard due to actions or conditions within the Landowner's control.

The court must construe the plain and ordinary language within the meaning of the contract as a whole; and