Sentences with phrase «required by precedent»
Acknowledge when you're asking the court to move in a direction that may not be clearly required by precedent.
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As Eisgruber and Sager admit, however, there are at least two kinds of cases in which it appears that unequal treatment of religion is required, both by the Court's precedents and by our intuitions.
Starbucks has been warned against setting a «serious anti-business precedent» by paying more in tax than it is legally required to, however.
It is because I object to the new - fangled idea that an early election would result from a motion, perhaps proposed by the Opposition, any MP or even the Government themselves, that requires — this is contrary to all constitutional precedent and history since our Parliament first sat representing the electors of this country — the support of two - thirds or more of those eligible to vote as Members of Parliament.
That ruling, he adds, is «a decision of the court itself», meaning judges - by the law of precedent - are required to follow it.
The Obama Administration's Investing in Innovation program set an important precedent by using a tiered model to align the amount of funding a grantee received to the strength of the evidence to support its effectiveness and requiring that its work be subjected to independent evaluation.
This consent order concerns the failure of Paragon Air, Inc., («Paragon») to comply with (1) the requirement, implemented by 14 CFR Part 374, to make prompt credit card refunds as required by the Consumer Credit Protection Act and Regulation Z of the Board of Governors of the Federal Reserve System, 15 U.S.C. § § 1601 - 1693r and 12 CFR Part 226 and (2) Department enforcement case precedent that requires that cash refunds be made within 20 days of receipt of full documentation of such a request.
Liebowitz also argued that the sanction was «wholly punitive in nature,» violating Supreme Court precedent that requires sanctions imposed by a judge's inherent authority to be compensatory rather than punitive in nature.
«the Court can stretch the scope of articles without any reasoning required, even if there is no precedent and this factually creates a new rule not supported by the Treaty text, because well, academia can provide commentary and then the Court can try again».
It is now well established that the obligation imposed by HRA 1998, s 2, which requires UK courts and tribunals to «take into account» the decisions of the Strasbourg institutions, means that although those decisions may well be persuasive, they are not binding precedents.
On the one hand, the «condition precedent» of membership of the Council of Europe is governed by Article 4 of its Statute, which requires a new state to deposit an instrument of accession to the Secretary General.
150150 Butler v. Fairfax County School Board 12/17/2015 Code § 22.1 - 296.1 (A) requires, as a condition precedent to employment, that every applicant for employment by a school board must certify that he or she has not been convicted of any felony.
She was a member of the legal team representing Communities for a Better Environment (CBE) which was named «Attorneys of the Year» for Environmental Law in 2001 by California Lawyer (Daily Journal Corp.) for the resolution of a precedent - setting case requiring major oil companies to clean up more than a thousand sites contaminated by the gasoline additive MTBE.
Because legal problems arise in particular factual contexts, reasoning about the meaning of a legal rule often requires more than the mechanical application of the general words in the text.3 Likewise, when an attorney reasons by analogy, she considers the precise nature of the particular legal problem and context and does not simply compare the surface details of her client's case with a precedent.4
The statute, now codified as Business Occupations and Professions Article, § 10 - 310, et seq., empowers the Court of Appeals to provide by rule for the operation of the Fund and to require from each lawyer an annual assessment as a condition precedent to the practice of law in the State of Maryland.
Extrinsic evidence as a condition precedent is not required with respect to business records accompanied by an affidavit.
«Comparatively,» the Supreme Court preemption precedent on which the defendant relied (chiefly Mensing / Bartlett) «spoke directly on the FDA's power to regulate what speech appears in a drug's «label» and when that power takes preemptive effect over what is required by state tort law.»