Sentences with phrase «prevail in a court of law»

Alpha authorizers can show the way by having the courage to tackle the politics associated with closing underperforming schools and knowing how to document the facts in order to prevail in the court of law and public opinion.

Not exact matches

Part of the reason, and what's up for review before SCOTUS in Octane Fitness v. Icon Health & Fitness, is that patent law was originally written to protect the patent holder, making it easier for the patent holder to prevail in court.

We're now in a court of law with those cases and I'm confident we'll prevail.»

Unless we are prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency, in terminating your account we may do any of the following at our sole discretion: A. transfer the funds back to the source; or B. convert your account balance to Bitcoins at our then - prevailing rate, subject to applicable fees and as soon as practicable give you 48 hours» notice that we intend to deactivate your account, requesting that you provide us with an alternative bitcoin wallet address to which we can transfer your bitcoin within that period (the «Redemption Period»);

The Law society, in other words, has given «guidance» to its members as to how to draft wills in a way which circumvents English legal principles as they have always been accepted: and it envisages that this might even mean taking on the English law in court to see if their wily little legal tricks have been successful: a perfect example of an attempt to make the letter of the law prevail over its spirit: Christians will remember that, according to St Paul (2 Corinthians 3:6), «the letter killeth but the spirit giveth life&raquLaw society, in other words, has given «guidance» to its members as to how to draft wills in a way which circumvents English legal principles as they have always been accepted: and it envisages that this might even mean taking on the English law in court to see if their wily little legal tricks have been successful: a perfect example of an attempt to make the letter of the law prevail over its spirit: Christians will remember that, according to St Paul (2 Corinthians 3:6), «the letter killeth but the spirit giveth life&raqulaw in court to see if their wily little legal tricks have been successful: a perfect example of an attempt to make the letter of the law prevail over its spirit: Christians will remember that, according to St Paul (2 Corinthians 3:6), «the letter killeth but the spirit giveth life&raqulaw prevail over its spirit: Christians will remember that, according to St Paul (2 Corinthians 3:6), «the letter killeth but the spirit giveth life».

I am confident that we will ultimately prevail in getting significant portions of the law overturned in the courts.»

«It is with great compunction that this Court renders this decision as this Court recognizes the benefit that such a law would provide,» Judge Wright wrote in his decision, going on to question «the wisdom in the Mayor's zeal for the possibility of welcoming to New York City a business that would pay its building service employees less than the prevailing wage.»

In the release the East Hampton Town Board said it «remains confident that it will prevail in the litigation, however, out of respect for the judicial process, the town has agreed to continue to not enforce the local laws pending the Court's decision.&raquIn the release the East Hampton Town Board said it «remains confident that it will prevail in the litigation, however, out of respect for the judicial process, the town has agreed to continue to not enforce the local laws pending the Court's decision.&raquin the litigation, however, out of respect for the judicial process, the town has agreed to continue to not enforce the local laws pending the Court's decision.»

But if we have to settle it in a court of law, we are very confident when we get to that court of law we will prevail and everything that occurred did according to the rules and have long been in place by the Onondaga County Legislature.»

To be sure, there is an outside chance that some portion of these guidances will be rejected in court, but it takes a strong stomach to risk the heavy sanctions that the government will impose if it prevails, as it usually does now that these guidances are part of the basic regulatory toolkit in every area from food - and - drug to environmental law.

32 The New Hampshire Supreme Court likewise rejected the standing of petitioners challenging the state's scholarship tax credit law, ruling that they could not demonstrate any harm.33 The following year, citing the decisions in Arizona and New Hampshire, the Alabama Supreme Court also held that a «tax credit to a parent or a corporation... can not be construed as an «appropriation»» but rather such funds retain their status as private funds until they enter the public treasury.34 That view seems to be the prevailing one in courts, so with the possible exception of Michigan, where the state constitution explicitly prohibits tax benefits for religious education, tax credits should survive scrutiny under such provisions.

Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

And it was the defendant's competence and the judge's incompetence and ignorance of the law that resulted in this defendant being the prevailing party on this issue per the decision of the court of appeals.

«The executive is bound to comply with the rule of law that prevails in this jurisdiction,» Justice John Paul Stevens, writing for the 5 - to - 3 majority, said at the end of a 73 - page opinion that in sober tones shredded each of the administration's arguments, including the assertion that Congress had stripped the court of jurisdiction to decide the case.

For example, if Law A says that courts may review all administrative tribunal decisions on questions of fact and law, and Law B says that in the context of Tribunal X, a court may only review a decision on questions of law, Law B will clearly prevail as the more specific statuLaw A says that courts may review all administrative tribunal decisions on questions of fact and law, and Law B says that in the context of Tribunal X, a court may only review a decision on questions of law, Law B will clearly prevail as the more specific statulaw, and Law B says that in the context of Tribunal X, a court may only review a decision on questions of law, Law B will clearly prevail as the more specific statuLaw B says that in the context of Tribunal X, a court may only review a decision on questions of law, Law B will clearly prevail as the more specific statulaw, Law B will clearly prevail as the more specific statuLaw B will clearly prevail as the more specific statute.

bankruptcy law co-counsel to private equity fund in interpleader action against chapter 11 trustee over proceeds of stock warrant; client prevailed in bankruptcy court bench trial and on trial de novo in district court.

The provision continues by stating that in «doing so, the Tribunal shall follow the prevailing interpretation given to the domestic law by the courts or authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party.»

In so doing, the Tribunal «shall follow the prevailing interpretation given to the domestic law by the courts and authorities of that Party and any meaning given to domestic law by the Tribunal shall not be binding upon the courts or the authorities of that Party» (Article 8.31 CETA).

Yet at the same time the Court stressed the proper application of discretion in applying the law enforcement exemption, it suggested solicitor - client privilege will always prevail over the public interest in disclosure.

In the past, the Italian Constitutional Court made clear that supra - national law should not prevail without any limitation, and that the application of international obligations could not have the effect to breach the fundamental principles of the constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170, 5 June 1984In the past, the Italian Constitutional Court made clear that supra - national law should not prevail without any limitation, and that the application of international obligations could not have the effect to breach the fundamental principles of the constitutional order or the fundamental rights of the individuals (this is called the «counter-limit doctrine», developed for example in the «Granital case», Sentenza n. 170, 5 June 1984in the «Granital case», Sentenza n. 170, 5 June 1984).

The Court's reasoning in Achmea confirms that the threat to the autonomy is not averted by the CETA provision that aligns the interpretation of EU law by the arbitral tribunal to the «prevailing interpretation» of the CJEU and excludes that the CJEU is bound by the tribunal's interpretations.

Another general rule is that when the parties make legal arguments, orally or in writing, and the court makes no conclusions of law, the court is presumed to have adopted the conclusions of law advanced by the prevailing party if that is consistent with the court's ultimate resolution of the case.

My perspective is that of an experienced SRL who prevailed in the first of a series of court actions and who more recently, having acted for another person in bringing a complaint to the Law Society, challenged the result by filing a judicial review petition in her name.

The situation here is not parallel to that which prevailed in the Court of Final Appeal of the Hong Kong Special Administrative Region in Democratic Republic of Congo and others v FG Hemisphere Associates LLC [2011] HK CFAR 395, where the Basic Law required all issues of «acts of state such as defence and foreign affairs» to be determined by the PRC and for certificates to be obtained from the Chief Executive after obtaining a certifying document from that government.

[4] The «law unto Denison» prevailed in his court — an individualistic approach that many magistrates and justices of the peace adopted.

In practice, arbitral tribunals in England and Wales may take guidance from the Rome Convention and Rome I, which stipulate when mandatory laws may prevail over an express choice of law in English court proceedingIn practice, arbitral tribunals in England and Wales may take guidance from the Rome Convention and Rome I, which stipulate when mandatory laws may prevail over an express choice of law in English court proceedingin England and Wales may take guidance from the Rome Convention and Rome I, which stipulate when mandatory laws may prevail over an express choice of law in English court proceedingin English court proceedings.

The European Court of Justice recently confirmed in its Polbud judgment the extent to which regulatory competition may prevail in the field of corporate law.

The Ontario Court of Appeal's reasoning was consistent with the application of relevant principles in prevailing case law.

The court held that the prevailing case law provides that «it is the wording of the contract in respect of termination that governs, rather than the actions of the parties.»

The Human Rights Act 1998 determined that the European Convention of Human Rights (the Convention) is not only now an intrinsic part of UK law but also that in the event of conflict, the European Court of Human Rights» (ECtHR's) jurisprudence should prevail.

If you have been served with a law suit by a debt collector like Portfolio Recovery Associates, Midland Funding, Cortez Investment, CACH, Cavalry SPV, or any of the other junk debt buyers we can assist you in determining the strength of your case and what is necessary to prevail in court in a free telephonic consultation.

1) we agree to disagree:) 2) supremacy of EU law for the EU system is the equivalent of the hard core of constitutional values that some national Courts defend against EU (and ECHR)- it is not a matter of «legitimacy» or «patriotism» but of using a «lower rank» instrument (accession treaty) to interfere with a treaty rule: the identical issue is for States who have a «rigid» constitution (alike the Treaty binds the CIEU): the accession treaty to ECHR or EU has a «lower rank» than the Constitution itself, so that the national Constitutional Court can not accept it can derogate to a higher ranking rule - usually they will find a way to reconcile the «construction» of the two set of rules, but if they are requested of an opinion on the point of principle, they will always say that in the very end, if all other paths have been explored to avoid the conflict, eventually it is the Constitution and neither ECHR nor EUwhich prevails.

Unless we are prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency, in terminating your account we may do any of the following at our sole discretion: A. transfer the funds back to the source; or B. convert your account balance to Bitcoins at our then - prevailing rate, subject to applicable fees and as soon as practicable give you 48 hours» notice that we intend to deactivate your account, requesting that you provide us with an alternative bitcoin wallet address to which we can transfer your bitcoin within that period (the «Redemption Period»);

This consideration is used in all family law courts in any custody dispute, and it prevails over the rights of either parent.

Though the prevailing thought in parts of the collaborative community at the time was that an attorney needed substantial court experience to be an effective collaborative attorney, Collaborative Divorce Institute of Tampa Bay felt that courtroom experience oftentimes fostered negative habits that were detrimental to families, and so it welcomed new and young professionals among its membership of experienced family law professionals.