Sentences with phrase «out of case law»

you may want to check out some of the case law where a parent has attempted to sue children for reimbursement — > one thing is to sue children for that... entirely other things is mutually agree on a contract whereby both parties sign up on specific performance.
You may want to check out some of the case law where a parent has attempted to sue children for reimbursement of what are determined to be NECESSARY expenses (such as education or medical).
It's born out of case law, the bulk of which is fairly recent.
But both have been developed out of case law, which has led to the creation of sophisticated concepts like privileged occasions, publication in permanent form, and fair comment.

Not exact matches

In essence, that bill gives individuals a way to opt out of federal laws that restrict religious practices, except in cases where the federal government has a compelling interest.
As law professor Stan Abrams points out, one of the key factors differentiating the Apple and Samsung cases is that Samsung owns or controls many of the factories in question.
The case is made out of shock - absorbing material to help your iPhone from the perils of the laws of physics, and the physical shutter button works with the default camera app.
«If you really do have concerns about the merits of this case, finding out who bankrolled it doesn't really help you at all,» said Mary Anne Franks, a professor at the University of Miami School of Law.
In the case of the GDPR, the law that's about to be enforced in May, De Mooy said there's a risk of putting too much weight on the shoulders of individual users to figure out what to allow to happen with their data.
But the Nunes memo implies the case was primarily built on the Steele dossier — and points out that it was funded partially by a law firm on behalf of the Hillary Clinton campaign and the Democratic National Committee.
Thus it was in the celebrated case of Rylands v. Fletcher (1868) in the law of tort, in which water from the defendant's reservoir had flooded the mines of the plaintiff and put them out of use.
That wasn't even Olson's case, but with assists from a federal district court judge who came out as being in a same - sex relationship only after ruling and retiring, and elected officials who chose to forgo their traditional duty to vigorously defend state law, Olson and Boies did succeed in disenfranchising millions of Californians on a procedural technicality.
Case in point: For years I predicted that Oregon's assisted suicide law would not result in doctors and patients with long standing relationships working out what is best for end - of - life care.
One of our main points in setting out this framework is the claim that in some deep sense, to do physics is to find laws that relate (E) to (E1) for separable events E and E1 (including of course the special case that E and E1 pertain to the same substance or object in the naive sense of those words.
In a shocking case out of Pennsylvania, an American judge has thrown out an assault charge against a Muslim immigrant based on Sharia law.
In all these cases God who brought the children of Israel out of Egypt and provided for them did miracles and gave them the law what not to do.
Superior Court Judge Gary Gavenus made the decision after a member of the jury handed out three documents to fellow jurors including North Carolina case law, according to the AP.
In the case of material poverty, we must call out the abuses of tyranny and the lack of rule of law; and we must generously give to the needy.
Why not look at this as a case where a psychiatric patient — probably a paranoid schizophrenic — took advantage of permissive US gun laws and carried out the wishes of voices in his head?
Contract and property law are useful far beyond their role in litigation because they allow people of good faith to coordinate their activities by following pre-announced legal forms rather than having to work out their plans (even in good faith) on a case - by - case basis.
Mr Cassidy: «As you would know, we have had a number of problems with section 46 arising out of a number of High Court cases where the law was not clarified until 2007.
In any case, we either all enjoy «equal justice under the law», whether male or female, and no matter how large or small, athlete or not, or we just toss the idea of equality out the window and say that it's all going to be arbitrary.
One other feature of Canadian law that tends to discourage parties from suing physicians for malpractice is that the Supreme Court has set out guidelines that effectively cap awards for pain and suffering in all but exceptional cases.
He litigated major law reform and class action cases in the federal court of appeals and Supreme Court on Social Security, Medicaid, Aid to Families with Dependent Children, SNAP / Food Stamps and other public benefits issues, and the rights of children born out of wedlock.
Before you speak to a lawyer, find out if he has ever appeared in the media, say, in a celebrity case or on a news channel to explain a point of law.
Sometimes an image tells the story, and in this case, the story is that Voter ID laws are concentrated in formerly Confederate states, places where poll taxes and similar laws once kept black voters out of the political process.
My view is that a principled case can and should be advanced for the third of the options — that of a written constitution (a statement telling us in exemplary form only what we might have) being «a document of basic law by which the United Kingdom would be governed, setting out the relationship between the state and its citizens, an amendment procedure and elements of reform.»
In the case of Florida, state law spells it out clearly: «The ballot of an elector who casts an absentee ballot shall be counted even if the elector dies on or before Election Day.»
Once the U.S. Supreme Court has ruled on a matter of U.S. Constitutional law, the only ways to change it are either for the Supreme Court to overturn their decision in a later ruling on a different case or for the U.S. Constitution to be amended, according to the process set out in Article V.
He said: «Persons who violate the laws of the land in a manner akin to what has happened in the late Captain's case would be dealt with accordingly,» adding: «The police is prepared to collaborate with stakeholders to cure this canker of instant justice» and ensure that it is «permanently stamped out of the society.
One can certainly point out that after the Skelos and Silver convictions the definition of the law known as «Honest Services Fraud» was greatly narrowed by the U.S. Supreme Court in the corruption case of former Virginia Governor Bob McDonnell.
This was based in part on a view that this case was bigger than the individuals involved and in part on the understanding of the law, when this case began, that even such egregious deception as that carried out by the police officers concerned was not sufficient to allow such a claim.
Yet, a good number of Igbo would jump out demonstrating that «our brothers», Olisa Metuh and Ike Ekweremadu, are being «persecuted», even in a case before a court of law!
As the International Court of Justice pointed out in the Nicaragua case, it is unlawful, under international law, to provide support to rebel movements.
«The lurid details underlying the case — where county contracts and legislation were traded for personal favors — were laid out for all to see, leaving the public now to wonder whether even the most brazen acts are beyond the grasp of the law
While the ramifications of this case will be played out in courts for years to come, one thing must be made perfectly clear: Laws pertaining to the 2nd Amendment must be held to the same standards of strict scrutiny as laws pertaining to the 1st AmendmLaws pertaining to the 2nd Amendment must be held to the same standards of strict scrutiny as laws pertaining to the 1st Amendmlaws pertaining to the 1st Amendment.
I'm not going to go into significant detail here unless you ask for it, but I will point to speeding tickets and licensing for out of state marriages as two examples of cases where the laws where you are currently located take precedence over the laws where you come from.
He expressed doubt that charges could be brought in the case, noting that, as Downing Street pointed out yesterday, current laws meant «you can put whoever you want in the House of Lords - if you want to put donors in the House of Lords you can do».
After assessing a dossier of evidence submitted by the BIJ, the Electoral Commission said it was carrying out a case review, which falls short of a full investigation but could lead to a ruling over whether there had been a breach of election law.
Disgraced former Assembly Speaker Sheldon Silver told officials at a powerful real - estate firm that there was no problem with him taking fees from a law firm to which they steered property - tax cases — even though they feared «adverse consequences» from pulling out of the deal, according to new court papers filed Monday.
Giwa's case at the Court of Arbitration for Sports was also thrown out after being struck out at the ordinary court of law.
In this case, the citizens and taxpayers of Connecticut were defrauded out of $ 6.5 million of taxpayer money in a deliberate attempt to circumvent and ignore clean election laws
The Asantehene pointed out that the delays by the Department to provide timely legal advice to state and police prosecutors to discharge their duties in the law courts were source of concern to many Ghanaians, especially those involve in civil and criminal cases.
In the case of Miller, the standards committee rejected the commissioner's findings about the location of her second home, pointing out the commissioner had said the case law and evidence was «finely balanced».
Possibly because you have never prosecuted a case, you have taken a different approach, starting with fighting for laws to reduce oversight of sex offenders, letting drug dealers out of jail, and advocating for the rights of criminals ahead of the needs of law enforcement.»
A recent appeals court ruling in a case that grew out of PSEG Long Island's expansion of an electrical substation on Old Stone Highway in Amagansett, represents a mixed decision for East Hampton Town, which had sought to hold the utility provider to local zoning laws that would have required planning board review of the project.
Nana Oye, however, said statistics from DOVVSU showed that out of 1,547 sexual and gender - based violence cases sent to court in 2014, convictions were secured for 160 cases, representing 10.3 per cent and asserted that the way forward was to ensure that the laws were enforced and implementation tracked through an effective monitoring system, in addition to building the capacities of law enforcement institutions, social services and healthcare providers.
Former Massachusetts Gov. Bill Weld, whose law firm is defending former Senate Majority Leader Joe Bruno in federal court, said in a Talk 1300 - AM radio interview this morning that the case should be tossed out, saying that retrying him smacked of double jeopardy.
Multiple former colleagues said she was key in reaching out to members of the community, overcoming their skepticism about law enforcement and convincing them to work with the attorney general's office on those cases.
«We think it is very important that any operation against illegal mining should be carried out in line with Ghanaian laws and international recognized norms, the mass arrest and media hype should be minimized, the cases should be dealt with on individual base and the legitimate rights of the miners should be respected,» it said.
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