Sentences with phrase «rely upon it against»

(as part of DPA negotiations) there is a risk that matters which an authority seeks to include in an agreed statement of facts could be relied upon against the company in parallel civil proceedings.

Not exact matches

Relying upon further macroprudential policy tools to contain housing risks in a timely manner is set against the mixed success of such measures to date.

As he put it, «The law gives to capital an immense advantage in permitting its consolidation in great centralized corporations; and neither law nor justice can forbid laborers to combine, in order to protect themselves against the encroachments of capital, so long as they abstain from, that use of violence and rely upon reason and moral influence.»

Throughout its history Israel relied upon the military prowess of Yahweh, first in the prosecution of holy war in defense of the tribal amphictyony, then against the enemies of the Lord's anointed (Psalm 2), and finally in expectation of the destruction of all powers oppressing Israel in the last day.

Many Third World leaders have a strong bias against free enterprise as the system to rely upon for maintenance of the communication process that undergirds their national destiny.

The Court, if it had wished to rely upon Jefferson to determine the true and original intent of the First Amendment, could have served themselves and the American people well by referring to Jefferson's warning to Judge William Johnson regarding the de-ter-min-ation of the original intent of a statute or a con - st - itu - tion On every question of con - struc - tion, carry ourselves back to the time when the Con - st - itu - tion was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.»

Dybala does not offer defensive protection for MDS & Khadera cant be relied upon to help cover d right flank against a player that scored a hat trick in his last game.

So in view Gab and Per can not be relied upon because of the two games against Chelsea last season?

Randolph will have his hands full covering Green on the perimeter and dealing with his physicality inside, so the Grizzlies» bench will be relied upon to provide a scoring punch against the league's best defense.

The «enemy combatant» doctrine is part of the law of war and relies upon the notion that during a war you can use all necessary force against enemy soldiers and spies.

Runnymede Tories in the David Davis mould can be relied upon to vote against.

Sixteen year old Katniss Everdeen volunteers in her younger sister's place to enter the games, and is forced to rely upon her sharp instincts as well as the mentorship of drunken former victor Haymitch Abernathy when she's pitted against highly - trained Tributes who have prepared for these Games their entire lives.

Thus, Avengers: Infinity War, written by Christopher Markus and Stephen McFeely, relies heavily upon one common, supreme enemy that everyone can unite against.

Accordingly, many of us in the charter sector have come to rely upon and appreciate the CREDO team's research, which examines charter performance against traditional public school students.

For visual enhancement, the design relied upon stark color contrasts such as a pearl white exterior with white leather upholstery, interior door panels, and carpeting; against a black center console, dash and floor mats.

However, his analysis also relies upon a serious observation that high frequency trading and the rapid movement of large blocks of stock has stacked the deck hugely against mom and pop.

If something false is relied upon by many investors, it is valuable for smart investors to bet against that.»

Then balance that against other equally relevant Papers and public comments by the AUTHORS as they speak whilst relying upon their and others Published Papers.

New York City Coalition Against Hunger Executive Director Joel Berg — «All New Yorkers, including low - income New Yorkers, rely upon vibrant farms to be able to provide fresh, nutritious foods.

How emblematic of the «climate science» establishment to rely upon blatant ad hominems in arguing against empirical data that exposes the gross inadequacies of academic conceptions of «the greenhouse effect.»

Lawsuits like this — filed by trial attorneys against an industry that provides products we all rely upon to power the economy and enable our domestic life — simply do not do that.»

Data offer the only solid ground for all these tasks, and failure to rely upon, and test against, evidence from data renders inferences about hypothesized dynamics worthless.»

It then proceeded to applied this principle to case before it: «[20] It follows from the foregoing that a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals is included in any event among the bodies against which the provisions of a directive capable of having direct effect may be relied upon.»

For more than 20 years, British holidaymakers have relied upon the Package Travel Directive to claim damages against their own UK tour operator in circumstances where the operator (or its suppliers) breaches the rules.

LawPRO, on behalf of Mr. Singer, proceeded against Stewart Title by way of an application for an interpretation of the exception from coverage clause relied upon to deny coverage and, in the alternative, for a relief from forfeiture.

Yet a defendant threatened with punishment for injuring a nonparty victim has no opportunity to defend against the charge, by showing, for example in a case such as this, that the other victim was not entitled to damages because he or she knew that smoking was dangerous or did not rely upon the defendant's statements to the contrary.

Improper competition among lawyers is one of the important considerations relied upon to justify regulations against solicitation.

This has led the Court to conclude that individuals may not rely upon its provisions in proceedings against other individuals since directives can not in itself impose obligations upon individuals (no horizontal direct effect).

Any person who fails to exercise reasonable care in signing a document is precluded from relying on non est factum as against a person who relies upon that document in good faith and for value.

The Court of Appeal ruled that in civil proceedings, the burden of proving self - defence lay upon the defendant; and a defendant who had mistakenly but honestly thought it was necessary to defend himself against an imminent risk of attack could not rely on self - defence if his mistaken belief had not been reasonable.

We have been consistently relied upon as a trial counsel by other New York attorneys and our team understands how to adequately defend against insurance bad faith in these types of situations.

The local authority identified two specific grounds relied upon on behalf of the father, one asserting that the Judge rejected the father's case on the deficits on the ABE interview, against, it is said, the weight of the evidence, but provides no analysis for coming to that conclusion.

At the conclusion of each investigation conducted by the SIU, the director prepares a report summarizing the key evidence relied upon in the decision to either lay criminal charges against a police office or to clear the officer of wrongdoing.

Not knowing the legal subtleties of «Satisfactions» and relying upon the misrepresentations of one of the debtors regarding its legal effect, the clients inadvertently filed the Satisfaction, which obliterated their Judgment against the debtors.

At the remedy hearing S relied upon a witness statement in which he stated that he had applied for more than 576 interviews and only secured 6 interviews, and had experienced difficulties in explaining the reason for his dismissal and his claim against the Respondent trust.

The full background to the case can be found in my earlier post here, with David Hart QC's analysis of the ECHR jurisdiction aspect here, and Alistair Henderson's analysis of whether the UN Convention Against Torture (CAT) could be relied upon in domestic law proceedings here.

He acknowledged that he did not have standing to rely upon the breach of Guray's Charter rights but argued that the police violated his own right to be secure against unreasonable search and seizure under s. 8 of the Charter when they read the text messages he sent to Guray.

now I understand why parole boards can rely upon unproven allegations when making decisions against the granting pf parole.

Health care policy that relies upon discrimination against Florida families is not rational or reasonable when it [caps damages]...»

Of general interest is that findings against Government in Judicial Review proceedings may not automatically be relied upon to found similar civil claims for compensation depending on the way the administrative court has considered the issue.

It would say that, wouldn't it, because it is the subject of those claims, and its assertions need careful weighing against the rather limited data upon which it has in the past relied.

The claimants submitted, inter alia, that the orders: (i) had been made without any prior consultation as to the principle, relying upon the common law duty to act fairly and / or the doctrine of procedural legitimate expectation; and (ii) were irrational on the basis that the reasons which had been put forward by the defendants in justification of the decision were inconsistent and contradictoryDyson LJ: The fact that, when conferring on the lord chancellor the power to prescribe court fees, parliament had decided whom he should consult before doing so, militated strongly against the idea that there should co-exist a common law duty to consult more widely (in the absence of a clear promise by the lord chancellor that there would be wider consultation and in the absence of any clear established practice of wider consultation).

Without evidence that the warranty could not be relied upon, a claimant would struggle to establish that the claim for the loss of value was correctly brought against the defendant tortfeasor.

In relation to the third issue, it was accepted by the claimant that he would have to satisfy two criteria before any breach of the Directive was directly enforceable against the MIB by the claimant: (i) that the Directive was capable of having direct effect in that the provision relied upon was «unconditional and sufficiently precise», the prescribed period for implementation had passed and the Directive had not been correctly implemented by the Member State; and (ii) that even if the Directive was capable of having direct effect, the MIB was an emanation of the state within the meaning of that concept as a matter of Community law.

Increasingly, we are confronted by fraud where the technology we rely upon is turned against us.

In so far as issue of forgery raised by the respondent is concerned, learned senior counsel submits that though the learned arbitrator was justified in rendering such finding in view of the pleadings filed by the parties, the claimants would not rely upon such finding of forgery for filing any criminal proceedings against the respondent based on such findings rendered by the learned arbitrator.

Customer acknowledges and agrees that: (a) AT&T shall have no obligation whatsoever to determine the facts or circumstances pertaining to any transfer of ownership for any vehicle; (b) AT&T may reasonably rely upon the request of a third party or the manufacturer of a vehicle as a basis to terminate service for that vehicle; and (c) Customer shall hold harmless, and not assert any claims against, AT&T regarding any conveyance of any vehicle to which service is provided.

The EEOC had alleged the corporate events service provider unlawfully relied upon credit and criminal background checks that caused a disparate impact against African - American, Hispanic, and male job applicants.

«The National Family Violence Survey upon which Straus bases his major conclusions about the relative rates of violence by partners and against children rely solely on self - reported acts of force by adults, do not determine whether these acts actually occurred, employ a definition of child abuse that bears little or no relation to the definitions used in the child welfare field or by the courts, and take no account of actual consequences, such as injury.

KIDS COUNT relies upon the 20 Community Partnerships throughout the state to be the «boots on the ground» in the fight against poverty.