Sentences with phrase «own affirmative duty»

The affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitation which it has imposed on his freedom to act on his own behalf.

If a school official in the state of New York is aware of a pattern of racial or religious discrimination or harassment that state official is under an affirmative duty to notify the State Education Department and the police, or that state official is no longer a state official, because that's not who we are and that's not how we perform.

Would the federal government have its own affirmative duty to provide additional federal funds — which currently make up less than 10 percent of all nationwide funding for K — 12 education?

Any person who is engaged in or is engaging in or is about to engage in any act or practice which is prohibited by this Part or any rule, regulation, or order promulgated or issued pursuant to this Chapter, or any person who has failed to act or is failing to act or is about to fail to act under any affirmative duty imposed by this Part or any rule, regulation, or order promulgated or issued pursuant to this Chapter, shall be subject to appropriate action by the commissioner.

[FN112] Thus, the constitution places on the FWCC an affirmative duty to protect and conserve Florida's native wild animal life.

EPA's statutorily prescribed, affirmative duty under the Clean Water Act to protect the natural environment and the public health of citizens played second fiddle to the concerns of coal mining representatives at a July 14 House Oversight subcommittee hearing.

This decision establishes that in order to secure the benefits of the tolling statute, plaintiffs in medical malpractice cases have an affirmative duty to establish compliance with the explicit terms of the statute, 18 Del..

This affirmative duty would require that manufacturers or processors of a chemical substance, in addition to supplying minimum datasets, provide declarations including:

Many states have begun enacting «failure to protect» laws, whereby a parent who knows another parent (or sibling / domestic partner - anyone who lives in the home) is abusing their child has an affirmative duty to protect the abuse from occurring, and failure to do so often carries the same penalties as the actual abuser faces.

In most states in the Unites States there is no affirmative duty, the failure to report crimes, unless you're a certain class of persons.

So, you may have an affirmative duty, if not now, sometime in the future!

I have previously suggested that law societies consider amending codes of conduct to add an affirmative duty on lawyers to understand the benefits and risks of available technologies relevant to the modern practice of law.

As the Sixth Circuit recently elaborated, «[s] chool officials have an affirmative duty to not only ameliorate the harmful effects of disruptions, but to prevent them from happening in the first place.»

In Quebec, the Animal Health Protection Act (R.S.Q. c. P - 42) includes sections which impose en affirmative duty of care towards animals.

Thus, the Supreme Court imposed the affirmative duty of an employer to «exhaust all necessary deliberations» even if it has indications that the representations of the employees are not in good faith.

«It also is well settled in our jurisprudence that there is an affirmative duty on owners and possessors of property: «to exercise reasonable care for the safety of persons reasonably expected to be on the premises * * * includ [ing] an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.»

In practice, 10 U.S.C. § 375 has more bite because a federal prosecutor can and usually would refrain from prosecuting a crime ordered by his ultimate boss, the President, and there is not legal duty to prosecute every possible crime, but 10 U.S.C. § 375 creates an affirmative duty on the party of the Secretary of Defense that might be enforceable in a civil action.

Where «the terms of the relevant immigration statute are succinct, clear, and explicit in defining the removal consequence [s]» of a conviction, the Court says, counsel has an affirmative duty to advise the client that he will be subject to deportation as a result of the plea.

However, truck drivers still have an affirmative duty to drive reasonably and safely when they operate their vehicles on Ohio roadways.

Nursing homes have an affirmative duty to maintain suitable facilities for patients, and this includes avoiding negligence in hiring, maintaining a staff that will fulfill the needs to patients, and avoiding staff conflicts with patients.

Small v. State, 736 N.E. 2d 742, 746 (Ind. 2000)(observing «a trial court has no affirmative duty to admonish a jury sua sponte as to such evidentiary matters»).

One commenter supported an affirmative duty to mitigate for employees of the covered entity, as long as there is no prescribed mitigation policy.

We are also concerned, however, that imposing an affirmative duty on institutions not to disclose information any time injuries to the individual could have been the result of domestic violence would place too high a burden on health care facilities, essentially requiring them to rule out domestic violence as a potential cause of the injuries before disclosing to family members that an incapacitated person is in the institution.

If the family court is to be a last resort for family resolution, we have an affirmative duty to work with other institutions to educate parents on resources and best practices for parenting their children...

Collaborative professionals have an affirmative duty to educate the public regarding nonadversarial processes.

For the majority of states, state statutes do not create an affirmative duty to protect personal information.

The court held that the brokerage had an affirmative duty to the agents to make every effort to collect the commissions (or to negotiate a reasonable settlement) and to pay those agents their share of it.

The courts determined that because neither the sellers nor the licensees had any knowledge of lead - based paint in the house and no affirmative duty to discover the presence of the hazard, they weren't guilty of failing to disclose that information and thus violating the act.

Queens Structure Corp. v. Jay Lawrence Asso., Inc. (304 A.D. 2d 736)-- brokers representing the seller for a commission of $ 367,000 with respect to the sale of seller's property also entered into an agreement with the prospective purchaser whereby the purchaser agreed to pay the brokers a «consulting fee» of $ 257,000; brokers working for seller had an affirmative duty not to act for the purchaser or its assignee unless the seller had full knowledge of the facts; brokers failed to establish their entitlement to judgment as a matter of law to the $ 257,000 consulting fee to be paid by purchaser; brokers» motion for summary judgment denied.

Utah Rule R162 - 2f - 401a states, «Real estate licensees have an affirmative duty to disclose in writing to buyers and sellers the existence or possible existence of a» «due on sale»» clause in an underlying encumbrance on real property, and the potential consequences of selling or purchasing a property without obtaining the authorization of the holder of the underlying encumbrance.»

An agent who represents only the seller owes the following affirmative duties to the seller, the other parties and the other parties» agents involved in a real estate transaction:

The affirmative duty listed in (7) can only be waived by written agreement between buyer and agent.

The University further acknowledged that it has an affirmative duty not to discriminate under the Fair Housing Act.

Not exact matches

Today, the U.S. Department of Commerce (Commerce) announced the affirmative final determinations in the antidumping duty (AD) investigations of imports of cold - drawn...

Today, U.S. Secretary of Commerce Wilbur Ross announced the affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of polyethylene...

The U.S. Department of Commerce announced the affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of carbon...

The U.S. Department of Commerce announced the affirmative preliminary determinations in the antidumping duty (AD) investigations of imports of stainless steel flanges from...

Today, U.S. Secretary of Commerce Wilbur Ross announced the affirmative preliminary determinations in the antidumping duty (AD) investigations of biodiesel from Argentina and...

If Commerce makes affirmative findings in these investigations, and if the U.S. International Trade Commission (ITC) determines that dumped and / or unfairly subsidized U.S. imports of certain steel wheels from China are causing injury to the U.S. industry, Commerce will impose duties on those imports in the amount of dumping and / or unfair subsidization found to exist.

U.S. Secretary of Commerce Wilbur Ross announced the affirmative preliminary determination in the countervailing duty (CVD) investigation of imports of...

U.S. Secretary of Commerce Wilbur Ross announced the affirmative final determinations in the antidumping duty (AD) and countervailing duty (CVD) investigations of imports of...

And Jesus gave expression to this devaluation in his own life: he broke the Sabbath when he felt that God bade him act; he excused his disciples (at least) from the custom of fasting; and the burning national question whether one had really to pay the poli tax to the foreign power of occupation (in Judea and Samaria) he answered in the affirmative, but he viewed it as a secular concern and pointed his questioners to the essential duty, «Give to God what belongs to him.»

The doctrine of avoidable consequences, sometimes referred to as the «duty to mitigate,» is an affirmative defense that can be raised by defendants in personal injury cases to argue the plaintiff was partially or fully responsible due to failure to exercise reasonable care to reduce the injury or damages suffered.

R. v. MacDonald, 2014 SCC 3 (34914) Two stages: the court must ask whether the action falls within the general scope of a police duty imposed by statute or recognized at common law; if the answer is affirmative, the court must inquire into whether the action constitutes a justifiable exercise of powers associated with the duty.

In so ruling, the Magistrate recognized that he had «an affirmative constitutional duty to insure that a defendant has a fair trial,» App.

The duty of care to a trespasser is that the property owner, «would not be liable for anything but affirmative acts amounting to wilfulness.»

Director of Human Resources / HR Consultant — Professional Duties & Responsibilities Oversee the planning, direction, and management of all HR - related activities including staff recruiting, candidate tracking, personnel screening and testing, and hiring processes in accordance with Affirmative Action and Equal Opportunity Employment regulations Support senior management to develop and maintain personnel policy and ensure compliance with all standards, authoring and implementing new policies and procedures as needed along with creating HR procedure manual Serve as lead analyst for compensation reviews, performance and pay - scale benchmarking, market studies, and salary structure decisions, also creating organizational / staff planning charts for all departments and all positions Create and deliver firm - wide staff new - hire orientation, training and development programs, and performance evaluations utilizing a competency - based appraisal system which leads to focused training and development programs based on common and individual areas of performance deficiency Manage all aspects of workers compensation and unemployment claims on behalf of employer, attending hearings and participating actively in all related meetings Hold responsibility for all benefit negotiations, administration, and plan reviews, promoting compliance with and effective execution of IRS / DOL regulations, ERISA, HIPPA, and all audit - related processes Implement and sustain safety programs while performing regular safety - policy trend analyses to identify critical issues, developing corrective action plans to ensure compliance with applicable safety, health, and environmental regulations including OSHA and other applicable laws Consult with management regarding employee - and labor - related issues to resolve conflicts in a professional manner, conducting grievance hearings and negotiation agreements with worker representatives within the provisions of any applicable contract Provide relevant guidance and administration to the development of human resources site on firm intranet, housing online - employment forms, manager resources, job postings, and HR - related forms and documents Develop valuable staff relationships to improve workplace morale as well as maintain positive business relationships with all related brokers and vendors

Provide Federal Security Enforcement for all transportation sectors; Assist the Director staff with all daily operations required; Oversee operations of all policies and procedures; Assist the Stakeholder Liaison with any needed responsibilities; Administer affirmative action plans; supervise subordinates, conduct intelligence briefings and assist in daily administrative duties as assigned.

One such affirmative action that the mental health professional could take in order to discharge his or her «duty to protect» is to file a suspected child abuse report with Child Protective Services (CPS).

Whenever a mental health professional diagnoses child abuse, this activates a legally obligating professional «duty to protect» that requires the mental health professional take affirmative action to protect the child.