Sentences with phrase «reference to a law regarding»

It may be pretty difficult to prove that your child has suffered emotional distress, however there was a case in oregon where it was found that spitting in somone's food could possibly amount to the infliction of emotional distress (but this was in reference to a law regarding the sale of products, but it did highlight a willingness to find in favor of a complainant if emotional distress was a reasonable reaction to the events)

Not exact matches

In particular, the declaration references the charter's «principles of constitutional contractual citizenship» and «freedom of movement, property ownership, mutual solidarity and defense, as well as principles of justice and equality before the law,» in regards to Muslims and non-Muslims.

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.

(c) The Corresponding Secretary shall have charge of the correspondence including, but not limited to handling routine inquiries from the public, internal and external Club communication, and related questions; notify members of meetings; notify Officers and Directors of their election to office via special mailing or other approved method of communication; receive applications for membership; applications must be acknowledged within 15 days of receipt by e-mail or postal mail; check accompanying application must be sent to the Treasurer for deposit within 30 days of receipt; send copy of membership applications to President, Treasurer, Recording Secretary and Newsletter Editor; check new applicants references and report findings to the Board; receive complaints from members regarding applicant; forward complaints to Board via email within 15 days of receipt; notify applicant if his / her application was approved or declined within 15 days of Board decision; keep an up - to - date roll of the members of the Club with their addresses and other pertinent information and provide same to Website Editor; the mailing address of the Apricot / Red Poodle Club shall be that of the Corresponding Secretary; and carry out such other duties as are prescribed in these by - laws.

As Laurens Ankersmit has argued with regard to Investor - state dispute settlement, «the ECJ particularly objects to the establishment of other courts for claims by individuals where questions of EU law are involved, since this is so central to the preliminary reference procedure and the uniform and consistent interpretation and application of EU law».

The statement should make reference to LSUC's recently published commentary on the modern interpretation of the oath regarding members» requirement to «champion the rule of law and safeguard the rights and freedoms of all persons.»

The same could be true of the next generation of lawyers and their current legal research professors.2 We have likely reached a point at which our frames of reference diverge sufficiently that we don't share a common reference point for approaching the structure of legal research.3 Arguably, the tech - saturated millennials need a solid research foundation more than any generation before them.4 Yet many of them regard our legal research instruction as cumbersome or outdated.5 Having grown up using intuitive electronic devices, and using them to good advantage, 6 many modern law students resist legal research methods that require rigidity, formality, or — worst of all — a trip to a print library.7 Indeed, many of them are downright «mistrustful both of physical libraries and of those who extol their virtues.»

Regarding copyright and laws, one thing that on a personal level has bothered me since I found out about it, is how provincial governments will enact laws that incorporate by reference standards published by a non-governmental entity, so that to know and comply with the law (and there are penalties for non-compliance) requires purchasing a copy of the standard (e.g. electrical code, building code, etc.).

In the Same Sex Marriage Reference, the Supreme Court addressed several questions the government asked regarding draft legislation to change the common law definition of marriage.

Regarding the missing termination clauses in both treaties, the rather general reference to the clausula rebus sic stantibus of Art. 62 VCLT by the court is rather disappointing, in particular knowing how difficult it is to argue a change of circumstances under public international law.

It seems that the CJEU would view third country law as an issue of fact to be proved (see in this regard the article by Judge Rodin in the current issue of the American Journal of Comparative Law), which would seem to rule out the possibility for it to order «measures of inquiry» (such as the commissioning of an expert's report concerning third country law) under Article 64 (2) of its Rules of Procedure in a reference for preliminary ruling for the interpretation of Union llaw as an issue of fact to be proved (see in this regard the article by Judge Rodin in the current issue of the American Journal of Comparative Law), which would seem to rule out the possibility for it to order «measures of inquiry» (such as the commissioning of an expert's report concerning third country law) under Article 64 (2) of its Rules of Procedure in a reference for preliminary ruling for the interpretation of Union lLaw), which would seem to rule out the possibility for it to order «measures of inquiry» (such as the commissioning of an expert's report concerning third country law) under Article 64 (2) of its Rules of Procedure in a reference for preliminary ruling for the interpretation of Union llaw) under Article 64 (2) of its Rules of Procedure in a reference for preliminary ruling for the interpretation of Union lawlaw.

The AG suggested, in reference to the first question referred for a preliminary ruling, that the Court must declare that it has jurisdiction for the main reason that the HTSs should be regarded as acts of the institutions, bodies, offices or agencies of the Union for the purposes of Article 267 of the Treaty on the functioning of the Union («TFEU»), which is the primary law basis of the cooperation between the CJEU and the national courts via the preliminary ruling system.

The fact that the [domestic Constitutional Court] gave a ruling on the compatibility of the provisions of national law... with the provisions of the [national] Constitution which the referring court regarded as constituting, in essence, the same regulatory parameters as [EU law] has no bearing on the obligation, laid down in Article 267 TFEU, to refer questions concerning the interpretation of EU law to the Court of Justice (C - 322 / 16, paras 21 & 23 - 25, references omitted and emphases added).

In the present case, since it is apparent from paragraphs 29 and 30 above that neither Directive 2004/17 nor its underlying general principles impose on Member States a specific obligation to lay down provisions requiring the contracting entity to grant its contractual partner an upwards price review after the award of a contract, the provisions of Legislative Decree No 163/2006 at issue in the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases added).

If reference is made to what Counsel for the KRG also described as the embodiment of customary international law, namely the 2004 Convention (see Lord Bingham's comments to which I have just referred), Article 7 is clear in providing that «a state can not invoke immunity from jurisdiction in a proceeding before a court of another state with regard to a matter or case if it has expressly consented to the exercise of jurisdiction by the court with regard to the matter or case» either «(a) by international agreement; (b) in a written contract; or (c) by a declaration before the court or by a written communication in a specific proceeding.»

Montana law has eliminated any reference to «custody» with regard to minor children in a divorce matter.

70: «There is a further lack of clarity with regard to works of reference on subjects other than law.

However, a law school's judgment in this regard should be shaped in reference to: (a) the fact that most students attend law school desiring to practice law; (b) available studies of competencies sought by employers or considered broadly valuable for long - term professional success; and (c) the mission and strengths of the particular school.

- A new Pt 69 (appeal to the Court of Appeal regarding reporting or public access restriction), in substitution for the existing Pt 69 (reference to the Court of Appeal of point of law).

That being the case the Friday before Labour Day weekend is like New Year's Eve and my tradition for academic New Year's Eve is to take a look at the incoming class of law students to see what their mindset is and try to figure out how to relate to them (I dropped my Dragnet reference with regards to legal writing «just the facts» years ago, which was a shame because I really liked that one).

49 In that regard, it should be stressed at the outset that the need for the uniform application of EU law and the principle of equality require that the terms of a provision of EU law which makes no express reference to the law of the Member States for the purpose of determining its meaning and scope must normally be given an autonomous and uniform interpretation throughout the European Union, which must take into account the context of that provision and the purpose pursued (see, inter alia, Case C ‑ 204 / 09 Flachglas Torgau [2012] ECR, paragraph 37, and Case C ‑ 260 / 11 Edwards and Pallikaropoulos [2013] ECR, paragraph 29).

He contended that the tribunal had misunderstood the law regarding dishonesty, despite the references to Twinsectra Ltd v Yardley [2002] UKHL 12, [2002] 2 All ER 377, and second, that the tribunal had not appreciated the relevance of the highly impressive evidence of good character which had been placed before it.

I've been perusing public libraries looking at what's available to the general public with regards to reference materials for legal subjects for anyone wanting to read up on law and procedures that may affect every day people and what I find are selves of books from Carswell and a few from Irwin Llaw and procedures that may affect every day people and what I find are selves of books from Carswell and a few from Irwin LawLaw.

«To my mind, this is a trend we're now starting to see, combined with the Sattva decision, in which greater deference is being paid to trial judges regarding how they are to interpret contracts, and contractual interpretation will be given greater deference on the basis it is now a question of mixed fact and law,» he says, referencing Sattva Capital Corp. v. Creston Moly CorpTo my mind, this is a trend we're now starting to see, combined with the Sattva decision, in which greater deference is being paid to trial judges regarding how they are to interpret contracts, and contractual interpretation will be given greater deference on the basis it is now a question of mixed fact and law,» he says, referencing Sattva Capital Corp. v. Creston Moly Corpto see, combined with the Sattva decision, in which greater deference is being paid to trial judges regarding how they are to interpret contracts, and contractual interpretation will be given greater deference on the basis it is now a question of mixed fact and law,» he says, referencing Sattva Capital Corp. v. Creston Moly Corpto trial judges regarding how they are to interpret contracts, and contractual interpretation will be given greater deference on the basis it is now a question of mixed fact and law,» he says, referencing Sattva Capital Corp. v. Creston Moly Corpto interpret contracts, and contractual interpretation will be given greater deference on the basis it is now a question of mixed fact and law,» he says, referencing Sattva Capital Corp. v. Creston Moly Corp..

maximizing their return on investment, and cutting the cost of mortgage insurance This revised edition includes up - to - date material on new loan and government programs, as well as changes to the law regarding tax deductions, down payment assistance, reverse mortgages, bankruptcy, negative amortization and more — in short, all the answers readers need, in one must - have reference.