Sentences with phrase «points of law within»

Citations for specific points of law within a case still must include «the volume, page number and, if applicable, the paragraph number, of the official Arizona reporter.»

These tools allow investigators to contextualize each relevant fact and point of law within a conceptual framework for their case.

For each point of law within a case, a pop - up shows the top three cases cited in support of it.

Not exact matches

The laws of DNA, RNA the living force within cells than makes them more than a collection of atoms and molecules but makes them vibrant and capable of actions point to an intelligent first cause.

In this perspective, the existence of God, far from being disproved by science is something pointed to clearly by the Unity - Law of material being and the universal, ordered inter-dependence within creation.

At this point those accustomed to Bultmann's earlier distinction of Jesus from Paul in terms of law and gospel,» and his subsequent classification of Jesus within Judaism2 as only a presupposition of New Testament theology, would expect him simply to repeat that position.

Like most modern thinkers, Rousseau has an enormous amount of confidence in the ability of the «moral law within» (to quote another Rousseauian philosopher) to point each of us in the right direction.

The refusal to use this terminology is, therefore, not at this point in itself a prior decision in favour of a Platonic conception of spirit, nor is it a prior decision whether within the world, that is to say within the domain of possible individual objects of cognition, there are any which absolutely and in every respect can be exempt from those «material» laws which we discover in the reality which we empirically experience, or whether this is inconceivable.

LeJeune would point out that science which remained within the constraints of the moral law proved, as a rule, to be more creative and more beneficial than science that did not.

Unfortunately from the point of view of Orthodox outside Russia, the concessions that seem most important to Aleksi are not theological but political, such as the West's tacit acceptance of secular laws designed to help the Moscow Patriarchate suppress its competitors within Russia.

Science has revealed God's plan of control and direction in the very fact of the laws of nature; in the unity of these laws which thus point to the oneness of God; in the developmental power of the laws which bring about all the rich diversity of the universe from stars and galaxies to complex life; and in the openness of these laws to higher synthesis and higher development within the spiritual order.

I think Huhne's behaviour as recorded by the Telegraph not only exonerates him, but also rams home the point that the system is completely broken: not only does it allow people to overclaim within the letter of the law, it is a hindrance and annoyance for those who choose to stay within the spirit of the law.

Baba Eto is believed to be so powerful within the political camp of Tinubu that at some point, his words were laws.

I don't expect something on the level of The Power Broker (Robert Caro's study on the power of Robert Moses) but do point to the processes and laws that supposedly yield power to an strong executive... there is a structural difference between executive and legislative... within that, personalities play a huge role.

«I believe the sheriff's point is that in light of recent mass shootings, the public should remain vigilant and those people with registered firearms should be prepared to defend themselves and others within the confines of the law,» he said.

Under Connecticut election law, an automatic recount is triggered if the margin separating the highest vote - getters falls within one - half a percentage point of the total number of ballots cast; for Somers and Bacchiochi, that meant a difference of 1,000 votes.

Wolpert points out that his result is far more general, in that it makes virtually no assumptions about the laws of physics and it requires no limits on the computational power of the inference device other than it must exist within the universe in question.

by Walter Chaw An experiment in perceptual distortion that questions the nature of viewership and the law of observation that states, in part, that the nature of the process of observation necessitates a change in the essential quality of the observed, Steven Soderbergh's Full Frontal is a hyper - pretentious film - within - a-film-within-a-film conceit so gimmicky it hardly matters that by the end gimmickry is its point.

I haven't seen any case law centering on this point, as very few copyright owners have granted DRM - stripping permission — and so to the extent that it is within my power to grant, which it probably isn't at all, I'm okay with anyone who wants to strip DRM from my traditionally published works as well in order to enjoy any of their fair use rights.

But, she points out, that's true of all the other laws - no one state has all manufacturers located within it.

In addition to above points Article 20 expressly provides Member states retain their responsibility for awarding or revoking national citizenship thereby further distancing the two distinctintive identies of citizenship by locating them in different legal procedural frameworks, one belonging to that of European Treaty framework law and one belonging within national jurisdiction.

As Frank Walwyn, president of the Canadian Association of Black Lawyers points out, it is fear keeping law firms from looking within and being willing to count and make public their demographic statistics.

When considering a special meaning of the expression «waters falling within the sovereignty» of Morocco as including Western Saharan waters, the Court pointed out that agreeing to such a special meaning would be contrary to the EU's obligations under international law, ie self - determination and the relative effect of treaties, stopping short of reprimanding the EU for potentially recognising Moroccan sovereignty over Western Sahara (Judgment paras 63, 71).

The larger point is that news releases are only a symptom of a larger problem within law firms: rote communication, the habitual continuation of archaic methods of speaking to the public or to clients.

The dividing line between situations within the scope and those outside the scope of EU law often appears arbitrary, as was pointed by AG Sharpston in the case of Zambrano.

Moreover, the clear severance of ESM from Article 136 (3) TFEU, and thus any roots in EU law, appears specious in light of the remainder of the judgment, which upholds the role of the EU institutions (including the Court) in the ESM and points to the importance of (Commission administered) conditionality on the one hand, while on the other, the application of the Charter of Fundamental Rights is excluded because the ESM is not within the scope of EU law.

As I described in my earlier review, this «intelligently» selects blocks of text within a case that represent discrete points of law.

My analysis on that point was, though, premised on principles of administrative law — my claim was that the Court was correct to hold that the Law Society of Manitoba acted within its statutory authority in requiring lawyers to complete mandatory continuing professional development, and in automatically suspending them if they failed to do law — my claim was that the Court was correct to hold that the Law Society of Manitoba acted within its statutory authority in requiring lawyers to complete mandatory continuing professional development, and in automatically suspending them if they failed to do Law Society of Manitoba acted within its statutory authority in requiring lawyers to complete mandatory continuing professional development, and in automatically suspending them if they failed to do so.

As we mentioned on Slaw a few months ago, Canada is in the process of negotiating a «Comprehensive Economic and Trade Agreement» (CETA) with Europe, and one of the expected points of difficulty is the European use of PGIs, a system not used within Canada, where trademark law is the typical source of protection for product names.

The case of USA v Nolan tackles an important jurisdictional point within employment law, says John McMullen

Besides helping associates with their legal writing, mentorships give associates a single point of contact within the firm if they have questions about any aspect of practicing law.

He points to the relatively new legal operations section within the Association of Corporate Counsel (ACC) as a «good indication we are in the beginning of the middle» in terms of law departments ascending the CounselLink Legal Department Maturity Model.

Prof. Morin points out that in their opinions, several judges held as obiter that the rights of aboriginal peoples within the Province of Québec in 1763 may have been protected by the Royal Proclamation, which runs contrary to other case law.

Those considerations point therefore to a functional interpretation of the phrase «bodies or institutions acting in a... legislative capacity», according to which ministries which, pursuant to national law, are responsible for tabling draft laws, presenting them to Parliament and participating in the legislative process, in particular by formulating opinions, can be considered to fall within that definition, within the meaning of and for the application of Directive 2003/4.

The point of vacation time and pay in the law is to ensure employees do take their vacation (time and pay) within a certain period of time after it is earned, not for it to accrue and never be taken.

Personally, I don't think there's much to worry about here: I don't view blogs as advertising, and referencing an accident to explain a point of law would fall within an educational, non-financially motivated exception to the rules.

Within this wide interpretation, like any other provision being an expression of purely national competences in the light of the allocation of competences between the EU and the Member States, general rules of national criminal law can be attracted to EU law pursuant to implicit linking points (the latter being, for instance, instrumental, sequential, substantive, or intrinsic, as M.E. Bartoloni pointed out) between national law and the EU law itself.

Therefore, reiterating its Åkerberg Fransson doctrine (Case C - 617 / 10), the Court succinctly pointed out that the EU Charter was inapplicable in this case because obesity discrimination does not fall within the scope of EU law.

More than ever, consideration AI points to reality that large areas of law exists within cultural contexts.

In some ways, the logic of costs is questionable because a matter that has to go to court, especially when each side is represented by a lawyer, usually implies that a point in law, as it framed within the facts of the case, is uncertain and requires judicial interpretation.

However, the Federal Constitutional Court pointed out that the German legislature is obliged to improve the law within the next year in order to assure that the interests of minorities are not being neglected.

Like these products, the widgets within Intelligence Center are highly interactive, enabling users to view and manipulate seemingly endless combinations of data points (lawyers, law firms, judges, companies, industries...).

38 As a preliminary point, it should be observed that, as European Union law stands at present, legislation on the marital status of persons falls within the competence of the Member States.

While the ability to upload entire case briefs is a clear differentiator, what actually sets CaseIQTM apart is its ability to identify and understand the multiple legal propositions that might be involved within the brief, comprehend the underlying question (s) of law involved and provide on - point case laws.

Jan Komarek is a lecturer in EU law at the London School of Economics and Political Science.From the point of view of EU law it was an ordinary case, decided by the Fourth Chamber, concerning the interpretation of Regulation No 1408/71 on the application of social security schemes to employed persons, to self - employed persons and to members of their families moving within the Community («the Regulation»).

The Italian constitutional Court has upheld national rules which had been judged by the ECHR as contrary to the Convention, arguing that such rules nevertheless protected a different constitutional principle of the national constitution and the convention could not modify the constitution, beng it a lower rank act - so from a theoretical point of view the CJEU adopts the same approach: the ultimate decision on whether a EU act is in compliance with EU law must be taken within EU only (to make a parallel, think of the CJEU approach for WTO decisions: despite an action being contrary to WTO as decided by the appellate body, nonetheless individuals can use such illegality as a ground to void the action within the EU system)

59 As several of the governments which have filed observations have pointed out, the opposite interpretation would lead to unjustifiable differences in treatment between Member States, according to how their national social security systems are organised, given that the «special» nature of a benefit such as the one at issue in the main proceedings — and, as a consequence, the fact that it falls within the scope of Regulation No 883/2004 — depends, inter alia, on whether the grant of that benefit is based, under national law, on objective criteria or solely on the state of need of the person concerned.

For those with one eye on the future, advocates of the profession will point out that the chance of a career offering not just the potential to earn big bucks, but one that can offer a lifetime of intellectual challenge and stimulation, will always attract its fair share of top talent, and that the training and development opportunities within law firms have improved massively over the last ten years.

From the point of view of EU law it was an ordinary case, decided by the Fourth Chamber, concerning the interpretation of Regulation No 1408/71 on the application of social security schemes to employed persons, to self - employed persons and to members of their families moving within the Community («the Regulation»).

Those who share this attitude often miss the wider point that new employee orientations are now standard practice within most sophisticated industries (and in my experience most law firms of 25 + lawyers) and that these practices generally lead to more stable, long term employees.