Sentences with phrase «rules of court permitted»

Not exact matches

Thirty years later, in King v. Talbot (1869), the New York Court of Appeals greatly narrowed the list of acceptable investments that would be permitted under the prudent man rule.

The Supreme Court gave a boost to their conviction that secularism is a genuine competing faith in the ruling in the 1961 Torcaso case, in which «Secular Humanism» was identified as a religion, and in Justice Potter Stewart's dissent in the 1963 Schempp case, which referred to a refusal to permit religious exercises in schools as not «the realization of state neutrality, but rather as the establishment of a religion of secularism.»

Two Republican representatives in North Carolina filed a resolution Monday that would permit the state to declare Christianity its official religion and reject any federal laws or court rulings regarding how the state addresses the establishment of religion.

For example, in case number 87 C 10746, Gutzmacher v. Public Building Commission, in U.S. District Court for the Northern District ofIllinois, Eastern Division, Senior Federal District Judge James B. Parson ruled on Dec. 4, 1989 that the Public Building Commission was enjoined from discriminating against all forms of religious expression and ordered the Public Building Commission to permit Gutzmacher to erect a nativity scene display during the Christmas season,» added Scholten.

The Code provides in the same Rule that «A judge is permitted to make public statements (my emphasis) in the course of his or her official duties or to explain for public information the procedure of the court, general legal principles, or what may be learned from the public record in a case.

The Act permits judges to deem legislation to be incompatible, and while the Government can appeal these decisions, the ultimate ruling of the European Court is final.

But Silver says Supreme Court actions in recent years, including the ruling permitting the formation of the independent Super PACS, have eroded existing public campaign finance programs.

A New York appellate court has ruled in favor of the NYPD's decision NOT to release the addresses of gun permit holders» to the NY Times newspaper.

The nation's highest court left in place a lower court ruling halting President Obama's executive action, which would have affected as many as 4 million illegal immigrants, many of whom are parents of legal citizens, granting them work permits and deferred deportation.

Exton Cubic wins gov» t for revocation of licence An Accra High Court presided by Justice Ackah - Boafo has ruled against the decision by the Lands and Natural Resources Minister, John Amewu, over the revocation of the mining permits of the company.

The New York State Appellate Court has ruled on Putnam County's refusal to give The Journal News the names and addresses of people with gun permits back in 2012, directing the county to release the records — a victory for the paper.

Expanding the definition of what it means to be a parent, especially for same - sex couples, the New York State Court of Appeals ruled that a caretaker who is not related to, or the adoptive guardian of, a child could still be permitted to ask for custody and visitation rights.

But Heastie says enacting public campaign financing may be difficult because of the U.S. Supreme Court's Citizens United decision and other rulings permitting greater spending by independent groups.

The Supreme Court has quashed the ruling by an Accra High Court ordering the restoration of the residence and work permits of embattled Indian businessman, Ashok Kumar Sivaram.

Barker sued, claiming that the Supreme Court's decision in Town of Greece v. Galloway, which had ruled permitting ministers to pray before legislative gatherings, requires his inclusion as a guest chaplain.

By curbing such permitting, the administration is following the lead of U.S. District Court Judge Joseph Goodwin of the Southern District of West Virginia, who in March ruled that the Army Corps improperly issued such permits without preparing environmental impact assessments.

Wyoming Governor Matt Mead said the state would ask a higher court to block the judge's order and allow the state to keep its wolf management policies intact, including licensed hunting of the animals and rules permitting some to be shot on sight.

A three - judge panel of the 9th Circuit Court of Appeals recently ruled that San Diego County's restrictions on concealed carry permits are unconstitutional.

After several months of protests and concomitant uncertainty for the 160,000 home - schooled children in the state, the court reversed the ruling to permit home schooling as a «species of private school education» and came surprisingly close to finding in the federal Constitution a right to home school.

In Friedrichs v. California Teachers Association et al., ten public school teachers are asking the High Court to strike down Abood v. Detroit Board of Education, a 1977 case that sanctioned agency shop rules that permit unions to dock a teacher's pay regardless of whether they want to be a member of a union and represented in union activities.

Specifically, the Supreme Court has ruled in the past that pricing arrangements among competitors are not automatically considered to be violations of antitrust law, and that the setting of minimum retail pricing by manufacturers is a permitted policy.

Loan applicants must be licensed to practice law in Pennsylvania or be permitted to practice law under Bar Admission Rule 311, have a valid Pennsylvania Supreme Court - identification number, be in good standing and practice law as an employee of an IOLTA - funded organization.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkOF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkof the law of any jurisdiction other than the State of New Yorkof any jurisdiction other than the State of New Yorkof New York).

Prince had appropriated 40 of Cariou's photos altering them variously, and though the judge ruled in favor of Cariou in 2011, the appeals court largely overturned the original decision in 2013, deciding that most photographs suffered sufficient transformation and were thus under permitted use.

The court's ruling permits the parties to proceed with the transfer of ownership of the Corcoran's historic 17th Street building and the College of Art + Design to GW and custody of the art collection to the National Gallery of Art.

Apart from the actual rulemaking process, you should expect three other notable (albeit unsurprising) developments next year on this front: 1) An unprecedented coalition of industry groups opposed to the rules; 2) Republican lawmakers continuing to hammer away, with limited success, to undermine the rules; and 3) the Supreme Court's review of one part of EPA's suite of climate rules that deals rather narrowly with permitting, which will be argued in February and likely decided in June.

That is the fervent message being spread from community to community, and state to state, now that scores of ANFO explosive - packing mountaintop removal permits stand at the doors of the Army Corps of Engineers, ready to be issued after the recent 4th Circuit Court ruling.

Those seeking to cover the courts using the permitted technology are required to register with the SJC's Public Information Officer, confirm that they meet the definition of news media and agree to follow the provisions in Rule 1:19.

(a) permitted to do so by law, the tribunal, the rules of court or the rules of procedure of the tribunal, or

The Federal Courts Rules permit appeals of both interlocutory and final decisions to be made as a matter of right in most circumstances.

The article states that the majority of courts now appear to require the proponent to authenticate a Web site under Rule 901 (b)(1) of the Federal Rules of Evidence, which permits authentication by» [t] estimony that a matter is what it is claimed to be.»

Last week, U.S. Judge Royce Lamberth of the federal court in D.C. issued a ruling permitting the case to go forward, finding that there were valid questions as to whether Wachovia acted legally when it terminated the loan.

In late January, the Federal Courts Rules were amended to permit the maintenance of court files in electronic form.

Reviewing the DNR's decision de novo, but with a great weight of deference to the agency, the court concluded that any other ruling «would undermine the careful federal and state balance created by the Clean Water Act and would thwart the finality of permits properly issued under the WPDES permit program.

One United States court observed that the Convention does not «permit reviewing courts to police every procedural ruling made by the arbitrator and to set aside the award if any violation of the -LSB-...] procedures is found.

[36] The Rules of Court are designed to permit parties to obtain full disclosure of relevant materials far in advance of trial so as to avoid unnecessary litigation, to make or seek admissions, and to settle claims that ought to be settled.

If the Supreme Court eventually rules that litigation funding is permitted in Ireland, it will mean that Irish parties who are lawfully entitled to compensation, for example due to a breach of contract by a large multinational corporation, or mis - selling of financial products by an international bank, can make use of the financial resources and the strategic experience of professional funders like Woodsford to get justice from the Courts».

The Court also enacted new attorney Rules of Professional Conduct in March 2015, which allows LLLTs to own a minority interest in law firms with lawyers, making Washington the first U.S. state to formally permit alternative business structures (ABSs), which is generally defined as non-lawyer investment and / or ownership in law firms.

In an interview with AdvocateDaily.com, Toronto criminal and constitutional lawyer Annamaria Enenajor says this ruling is the latest in a number of decisions that «reflect the reluctance of Canadian courts to permit the legislative branch of government to usurp core judicial functions.

I suppose there could be interesting questions if the Twitter user was not in the jurisdiction of the court, depending on (among other things) whether the rules of practice permit service out of the jurisdiction without prior leave of the court.

In addition, in the Durant International case the court allowed the claimant to depart from the usual first - in - first - out or last - in - first - out tracing rules and instead permitting what was effectively «reverse tracing» through mixed funds — prioritising the larger purpose of a series of transactions over the ability to identify the precise funds to which the claim attached.

In a major decision on the liberalisation of India's legal market, the nation's top court has ruled that foreign law firms are still not permitted to establish permanent offices in the country, but that they are allowed to advise on non-Indian law matters on a temporary basis.

More importantly, those factors must be such as to permit the Court to give the words actually used a meaning which is not strictly in accordance with the usual rules of grammar or vocabulary: see Investors Compensation Scheme Ltd v West Bromwich Building Society» -LRB-[1998] 1 All ER 98).

The court rehearsed a consistent line of earlier rulings including Churchill v Wilkinson and Evans Case C - 442 / 10, [2013] 1 W L R1776 and confirmed that member states have no discretion to permit motor insurers to rely on statutory provisions or contractual clauses to enable them to avoid their liability to meet third party claims, save where expressly permitted by the Motor Insurance Directives.

Meanwhile, closer to home, on February 12, 2013 the Alberta Court of Queen's Bench announced that it will cease enforcing mandatory dispute resolution rules ``... until such time as the judicial complement of the Court and other resources permit reinstatement.»

Rule 53 states that the «court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.»

The High Court agreed with the investors that § 10 (3) of the IAA did not apply to the current application, since it only permits the High Court to review a positive ruling on jurisdiction where this has been dealt with by the tribunal as a preliminary question.

The Superior Court in Ontario, Canada relied in substantial part on the expert evidence of Jeremy D. Morley as to family law in India in ruling that the father of a four - year - old child living in Ontario should not be permitted to take the child on a family visit to India.

Unfair Vancouver separation agreement cases permit the court options to set aside or vary the Vancouver separation agreement for noncompliance with rules of fairness and principles under our Family Law Act and divorce legislation.

(Types of cases to be reviewed by appeal are provided by law or the Rules of the Supreme Court, so appeal is not always permitted in every case.)