Sentences with phrase «rely upon the rules»

The future judgement in Joined Cases C -204-208 / 12 Essent Belgium N.V. v. Vlaamse Reguleringsinstantie voor de Elektriciteits - en Gasmarkt could very well be one of those landmark cases in which the CJEU clarifies one of the fundamental doctrinal issues in internal market law: can Member States rely upon the rule of reason to justify distinctly applicable measures?

If we file by fax and have no idea that the fax goes anywhere other than directly into the clerk's office and onto the docket sheet, it seems like we should be entitled to rely upon the rules, at least for the purpose of satisfying our ethical obligations.

Not exact matches

The Western - dominated global financial system relies on a slew of internationally agreed - upon rules, norms and institutions that let countries trade and invest in each other.

This material is for distribution to Professional Clients (as defined by the FCA Rules) and Qualified Investors and should not be relied upon by any other persons.

This expectation is unwarranted, however, because God's existence is directly relevant to moral knowledge and action: If appeals to God get ruled out, either by disbelief in His existence or reluctance to rely upon it, then it isn't possible to demonstrate that there are moral absolutes.

The bible is a collection of documents spread over a thousand years that itself is over 2,000 years old from an ancient culture no longer extant, and therefore should not be solely relied upon for a rule book for modern ethics.»

The clearest of these is the rule upon which all fuqaha» (Islamic scholars) rely: people are in control of their property.

Texas's nutrition standards are pretty lax when compared to the new federal rules (allowing, for example, 28 grams of fat in a given item), but the TDA has relied upon them since 2009 to curb sales of the worst junk food on Texas school campuses.

These individuals are relied upon to help relay annual rule changes to other officials, as well as to teach proper rules, mechanics and technique to new and veteran officials alike.

It does seem that the core of your argument relies upon the conclusion that popular rule trumps democratic principles, an idea that is historically and fundamentally in opposition to every principle of Britishness and the rule of law.

Typically a colony was ruled by a governor appointed from London who controlled the executive administration and relied upon a locally elected legislature to vote taxes and make laws.

They rule Antarctica, but perhaps not for much longer — climate change looks set to destroy the habitat that emperor penguins rely upon, says Alison George

Federal Judge Jack Weinstein thinks this way as well, observing in 1994 that due to the Daubert decision «Rule 706 of the Federal Rules of Evidence [which gives federal judges the authority to appoint their own experts] will be relied upon more frequently.

The results showed that for patients who are suspected to have an ACS, clinical judgement can not be relied upon by itself to rule out or rule in that diagnosis.

It should be noted, though, that we as a nation have been relying upon similar high - stakes educational policies since the late 1970s (i.e., for now over 35 years); however, we have literally no research evidence that these high - stakes accountability policies have yielded any of their intended effects, as still perpetually conceptualized (see, for example, Nevada's recent legislative ruling here) and as still advanced via large - and small - scale educational policies (e.g., we are still A Nation At Risk in terms of our global competitiveness).

NOTE: This document informally summarizes some of the important effects of the rule, but it is not a substitute for the rule and should not be relied upon to determine legal compliance with the rule.

Until the last century, navies relied upon huge armadas of battleships to rule the seas.

I have modified that rule to be, «If something true is relied upon by many investors, it is not valuable for smart investors.

While PetSmart Charities endeavors to keep the Materials on the Sites current, information, including for example any rules or guidelines for the programs and services offered, changes rapidly and thus, the Materials on the Sites should not be relied upon to be fully comprehensive or error free.

None of the presently available antigen tests can be relied upon to rule out feline HWD, and the correct interpretation of antibody test results requires additional information and thoughtful analysis.

Section 111 (d) of the Clean Air Act is likely to be the authority upon which EPA relies to draft the rule.

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.»

The new Texas word count rule states that while lawyers must include a certificate of compliance with each filing stating its word count, lawyers may rely upon «the word count of the computer program used to prepare the document.»

After he successfully defended one such driver last year when the court ruled that the ticket had nothing to do with the statute being relied upon, that client turned into the lead plaintiff in a putative class action lawsuit that Jones recently filed attacking this type of enforcement.

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.

That was not done here, and so this rule can not be relied upon...

Either scholars realized that common sense could not be relied upon to guide us, or they agreed with our commenter that no one person can be the arbiter of common sense without rules of general applicability being implemented.

«Where a legal situation does not come within the scope of EU law, the Court does not have jurisdiction to rule on it and any provisions of the Charter relied upon can not, of themselves, form the basis for such jurisdiction» (para. 20)

The claimant conceded that, if the claim for loss of earnings was based on the fact of his detention, that would fall foul of the ex turpi rule, since it would involve relying upon his detention as a result of the manslaughter conviction.

Additionally, because so many of David's cases in litigation relied upon obscure rules or technicalities, David often finds that he is more prepared then opposing lawyers.

The new rule updates and clarifies the types of scientific data and information that can properly be relied upon to support a GRAS determination for the use of a given material.

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.

Eric Goldman, a respected Santa Clara University law professor, told Courthouse News Service that Forrest's ruling was «shocking» and «far reaching,» noting in a blog post that the judge appeared to «eliminate -LSB--RSB- a bright - line rule that many internet actors rely upon.»

(7) The Court of Appeal should not refuse to overturn a decision on the basis of precedent, or stare decisis, because leave to appeal to the Supreme Court of Canada is not automatic and Canada's highest court can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal on a particular issue.

The court's ruling established that the provisions of the Charter could be relied upon to challenge government legislation.

He relied upon R.14 - 1 (9) of the Supreme Court Civil Rules in support of that proposition.

The Court of Appeal ruled that Lombard could rely upon the exclusion, such that the CGL policy did not provide coverage to Wentworth in the event of a personal injury claim by an executive officer.

The Supreme Court held that if the trustees relied upon professional advice, even when that advice turned out to have been wrong in some way, then the Hastings - Bass rule would afford no relief.

I do not, however, find it appropriate to rely upon the slightly earlier episode detailed in my Brother STEWART's opinion, ante at 394 U. S. 157, as the trial judge ruled the uncontradicted supporting testimony inadmissible.

The fact that the SISIP Policy is a group policy and that the CDS and Manulife are named parties does not support an argument that the covered CF members are not entitled to rely upon any of the interpretive rules that apply to insurance contracts generally...

To be blunt, the interpretation put forward in the guide is not only not supported by the Rules it cites, in the case of section 6.3.1, it's inconsistent with the interpretation of that rule contained in the legal opinion obtained and relied upon by the LSUC.

In an interlocutory ruling the court had requested FB to produce full copy of the Court of Appeal's judgment upon which it relied for some of its arguments.

39 It should be noted that Article 70 (4) of Regulation No 883/2004 — upon which the Commission relies — sets out a «conflict rule», the aim of which is to determine, in cases involving special non-contributory cash benefits, the applicable legislation and the institution responsible for paying the benefits in question.

The Utah Supreme Court interpreted the language that Bell relied upon («a state agency may... make rules that identify specific transactions that the agency will never conduct by electronic means») narrowly.

Comment: A few commenters recommended that the rule explicitly state that covered entities would be permitted to rely upon an IRB or privacy boards» representation that the research proposal meets the requirements of proposed § 164.510 (j).

In the final rule, we permit a covered entity to rely upon such consent, authorization, or permission to use or disclose protected health information that it created or received before the applicable compliance date of the regulation to carry out the treatment, payment, or health care operations as long as it meets two requirements.

The rule that the prerogative may not be relied upon to deprive citizens of their right was an aspect of the principle of legality.

As much I know about the practice in Indian courts, while there is no such official rule or word on that, the practice goes that almost all material which is cited or relied upon is handed in print version.

Many states, although I'm not sure if it is a minority or majority rule, expressly limit adverse possession, at least, to cases in which the person currently in possession of the property has acted in good faith at all times, and at least some require that showing as to everyone in the chain of title relied upon to establish adverse possession.

Is a lawyer ethically bound to know the realities of a court's inner workings, or may he rely upon published court rules of procedure?