Sentences with phrase «rather than a court»

Then, she was protesting common industry rules that force consumers to settle disputes with financial companies in arbitration rather than court.
Amending Title VII's scope, Justice argues, should be «directed to Congress rather than the courts
In England where they have created their own Sharia courts to resolve conflicts, divorces, etc rather than the court that the rest of the citizens use.
Might it be that those who picture God as living are less likely to try to impose moral choices by law and to leave moral judgment to heaven rather than the courts?
They had argued they should be accountable to parliament rather than the courts because, under the 1689 Bill of Rights, their expenses claims fell under the category of «proceedings of parliament» - and were therefore protected by privilege.
Commissioners who stand up for victims and witnesses in court rather than courts that simply perpetuate the working practices of lawyers.
The trio are using parliamentary privilege to argue parliament, rather than the courts, has jurisdiction.
U.S. attorney Neal Katyal told the justices that the complexity of the issue suggests that the executive branch, namely EPA, is a better venue for controlling such an expansive type of pollution rather than the courts.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US, AND THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
Prosecutions are rare because schools see truancy as an issue for social services rather than the courts.
(I notice in the WJW comment thread someone opines along the lines of «Oh, that's like EULA boilerplate and it would probably not be enforceable in court,» which I think is a really charming example of naivete, not in the least because, as I suspected, the boilerplate also specifies (in section 10.1) that disputes between Kindle Direct users and Amazon will be settled through arbitration rather than the courts.)
Mandatory arbitration is an increasingly popular provision in loan agreements that requires parties to resolve disputes through an arbitrator, rather than the court system.
[41] Other paintings depict confessions or letters from prisoners of all kinds and their families (parents pleading that the Army discharge rather than court - martial their sons); autopsy and interrogation reports; or exchanges concerning torture, as well as prisoners» handprints and maps of Baghdad.
Mike, the problem with the present state of review is that critics are shunned rather than courted.
The court was also dismissive of the capacities of e-documents generally, in terms that suggest that the legislature rather than the court will have to settle the question, if it is to be settled differently.
Rubinstein makes clear that, in light of the fact that PACER documents are more often than not uploaded by attorneys, rather than the courts themselves, any issue of recouping costs to avoid assessing them to the taxpayers is dubious.
As reported at Above the Law (original source) and Conde Nast's Portfolio, Kirkland & Ellis has sent a memo to its associates informing them that disputes that can not be resolved internally must go to arbitration rather than court.
By way of background, Maine last May became the first state to legalize gay marriage through legislation rather than court action.
Brown remains a relatively informal color, and is best reserved for the office, rather than court.
I did discover one bit of sloppy proofreading — on pages 350 and 445, an English case, British Amusement Catering Trades Association v. Westminster City Council [1987] 1 W.L.R. 977 is referred to as a decision of the House of Lords -LRB-[1989] AC 147), rather than the Court of Appeal, even though the judgment referred to is of Balcombe, LJ — and the plaintiff's name is misspelled as British Assessment Catering Trades Association.
Because the legislature charged the administrative decision maker rather than the courts with «administer [ing] and apply [ing]» its home statute (Pezim, at p. 596), it is the decision maker, first and foremost, that has the discretion to resolve a statutory uncertainty by adopting any interpretation that the statutory language can reasonably bear.
The Child Maintenance Service, rather than the court, has almost exclusive jurisdiction to deal with child maintenance.
This in turn was accepted by the 2004 white paper Transforming Public Services: complaints, redress and tribunals which supported the balance and expertise multi-member panels can bring and considered that a principal reason for aligning employment tribunals with other tribunals rather than courts was that this was the best way of preserving maximum informality and accessibility.
The failure of the secretary of state to give effect to that policy could not simply be regarded as a discretionary choice about resources, which was pre-eminently a matter for the government rather than the courts.
«Rather than court proceedings being issued, it is likely that compromises will be reached that are influenced more by financial considerations than what is best for these vulnerable children, leaving them at risk and without a voice.»
In Toobin's view, ultimately, «the law of the jungle», or predominance of the major players rather than the courts, will settle these issues.
On March 5, the Supreme Court ruled that the federal appeals court in Washington should not have vacated the award, holding that nothing in the treaty overcame the normal assumption in US law that arbitrators rather than courts should decide disputes over the meaning of procedural conditions to arbitration.
Furthermore, they vowed to resolve any legal differences they may have through an arbitrator rather than a court of law that denied equal rights to women.
In 2003 the Sentencing Guidelines Council (SGC), set up under the Criminal Justice Act 2003, took over the issuing of guidelines, with the panel now advising the SGC rather than the Court of Appeal.
If you are being charged less, there may be some additional fees coming or you are taking it for insurance purposes rather than court purposes.
Agreements like the IPA can be a strong signal that a company remains committed to competing in the marketplace rather than the courts.
In divorce mediation, not only do the parties determine the outcome of their agreements concerning their property and family (rather than the court making orders), they may also dictate the pace at which they complete their matter.
Rather than the courts focusing on the differential treatment on the basis of race, a substantive equality approach focuses on the impact of that treatment on the racial group concerned.
Micia firmly believes that it is better for her clients to have control over their future lives rather than the court.
Couples who start their legal proceeding in a civil manner, are more likely to enter mediation voluntarily, thus providing a private rather than court forum for resolving their conflicts, and saving their families costly litigation fees that can be better saved towards college education, summer camp and the like.
Although a number of changes had been made in all matters governed by this act, what has stood out for me are first, the emphasis on encouraging parents to engage in alternate dispute resolution rather than court process, and second, and most importantly, that the only consideration in developing parenting plans are the best interests of the children.
Experienced collaborative family lawyers can help you negotiate straight across the table, leaving you in charge of the settlement decisions rather than a court, and ensuring that your interests and wishes are heard and taken into account.
Using this process, divorcing couples work to resolve their issues in a conference room rather than a court room.
While it is not guaranteed, the mediation process can be quicker than litigation because it is focused on settlement from the beginning of the case and the parties dictate the pace rather than the court.
Therefore, an analysis of these separate family circumstances is appropriate, rather than the Court's dictating what these circumstances should be (i.e., where parents will reside).
Most cases are decided by consensus rather than court adjudication:
Perhaps, like Microsoft's newest CEO, you'd want to hire from within rather than court those unfamiliar with your business.

Not exact matches

In at least five cases since 2015, Huajian sued workers in Chinese court rather than pay compensation mandated by a government arbitration panel.
In 2000 the Supreme Court ruled (in Christensen v. Harris County that local government can compel employees to take accumulated comp time rather than take it at any time of their choosing.
A judicial review («JR») is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body; they are a challenge to the way in which a decision has been made, rather than the conclusion reached.
According to a report in Friday's New York Times, some of Apple's top encryption engineers have threatened to resist — or even to quit — rather than comply with a court order to disable the iPhone security system they created.
Patent trolls usually acquire rights to unused or soon - to - expire patents with no motive of using the patent, other than to frighten business owners into settling out of court, rather than fighting a hopeless patent case.
Uber's loss follows an earlier one last year where the Luxembourg - based Court of Justice of the European Union (ECJ) classified the company as a transport service rather than a digital one, which stripped it of protections against undue national regulation that digital services enjoy under EU law.
That's why this is a great time to court expansion - minded global titans, especially Asian ones, to bring their North American headquarters here rather than the U.S. «Why should they go to New Jersey?»
The defence minister, Tobias Ellwood, also argued that the men should be tried in the International Criminal Court in The Hague, rather than being sent to the US detention camp in Cuba.
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