Sentences with phrase «purpose of the statute»

The Court was persuaded by the intended purpose of the statute, due process arguments, and the legislative history.

It is contrary to the fundamental salutary purpose of that statute... Mann apparently believes Steyn should be penalized not only for having the temerity to challenge Mann's views on this vital public interest issue, but also for standing up for his right to do so...

The primary purpose of the statute providing for like - kind exchanges of property has always been to permit taxpayers to maintain investments in property without being taxed on theoretical (i.e «paper») gains and losses during the course of a continuous investment.

Third, I am not sure you could define ostracism and withdrawal of co-authorships as threats or intimidation for purposes of the statute.

The purpose is to make sure there is a proceeding based upon fact... No matter what the allegations may be, the purpose of the statute of limitations is to make sure that the proceeding is fair.»

It extends the scope and purpose of the statute and is, accordingly, outwith the power conferred....

The purpose of the statute is to provide full compensation for the lienor.

To illustrate the Australian rules require courts to interpret statutes by reference to their policy (the object and purpose of the statute).

Is online dispute resolution provided in a mechanized way still an arbitration for the purposes of these statutes?

The terms «employer», «employ» and «employment» within human rights statutes are to be interpreted to advance the purposes of those statutes.

The purpose of our statute law repeals work is to modernise and simplify the statute book, reduce its size and save the time of lawyers and others who use it.

While these purposes of statutes of limitations generally apply across the states, each state has its own law that establishes how long you have to act.

Hence the Order extends the scope and purpose of the statute, and is accordingly outside the powers in the Act.

Applying the purpose of the statute and other factors, the Virginia Supreme Court has made it clear that if a personal injury plaintiff desires to reinstate her case within a one year time period, after a case has been struck after three years of inactivity, a trial court judge has no discretion to deny it.»

In New Mexico, any drug is considered a «drug» for the purposes of the statute.

In answering this question, both examine similar (though not always identical) factors, including the language, context and purposes of the statute, the nature of the power being exercised, the identity of the decision - maker and the nature of the statutory scheme that empowers them, and the consequences of the alleged breach.

Eventually, this court says «yes, receiving a gun as payment for drugs is «use» for purposes of this statute,» but along the way it has to respond to the counter-argument that «there is no grammatically correct way to express that a person receiving a payment is thereby «using» the payment.»

It would be a shame, and in my view contrary to the purpose of the statute, if the plaintiff could use a similar argument to defeat a motion to dismiss.

With respect to the limitation period issue, although Moldaver J. concluded that «both interpretations are reasonable» and «both find some support in the text, context, and purpose of the statute», he held that judicial deference must be given to the BCSC's order:

Instead of starting with the primary rule that any fundamental right, such as a right to freedom, can only be removed if there is express statutory authority to that effect, the court noted that where the wording of a statute is not specific, the power to remove freedom can be implied where it is necessary to do so and the purpose of the statute would otherwise be frustrated.

Nevertheless, the point remains that if there is lawful authority in domestic law, compliance with IHL is not required to justify the conduct for purposes of the statute you cite.

In public regulation of this sort there is no such thing as absolute and untrammelled «discretion», that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute.

The Court noted that PIPEDA [8] acknowledges that consent for the purposes of the statute can be implied consent when the information is «less sensitive».

In order to effectuate the purposes of the statute, insurers are urged to adopt such a program at their earliest opportunity, whether or not they otherwise adjust their rates.