Sentences with phrase «say as a matter of law»

Because the Arizona Supreme Court could not say as a matter of law that the alleged negligence that was a cause of Shaw's death was unrelated to her incapacity, the state Supreme Court reversed the judgment of the trial judge and sent the case back for further proceedings.

Not exact matches

«Member states may prohibit and punish, as a matter of criminal law, the illegal exercise of transport activities in the context of the UberPOP service, without notifying the Commission in advance of the draft legislation,» the ECJ said in a statement.

«Once this sort of behavior becomes normalized, it becomes harder to push back on both as a consumer and as a matter of policy,» said Woodrow Hartzog, a professor of law and computer science at Northeastern University.

The cabinet will decide on Friday how to treat bitcoins under existing laws, said people familiar with the matter, adding that banks and securities firms will not be able to handle bitcoin as part of their main business, suggesting the crypto - currency will be treated more as a commodity, like gold.

«We disagree with this decision, which is wrong as a matter of constitutional law,» he said last week, according to CNN.

Wail away all you like, about the const - itution and how it is being mis - read, the true meaning of the separation of / from church and state, but it all does not matter — the law as currently interpreted and enforced says events of this nature are not legal!

I'm not sure what I said to lead you to believe that I am «throwing out the most proven and fundamental laws of science» since I'm pretty sure that none of the laws that you mention describe a need for the past to be gone and the future to not exist yet, and I was only forwarding a theoretical possibility with apparently good evidence as far as I can tell to address the question «Why would matter come into existence all by itself for no good reason?»

I say this in full awareness that anyone who defines matter as energy will claim I am contradicting the laws of thermodynamics.

That is to say, man is not, as pure naturalism would have it, merely an object in nature which is acted upon and reacts according to fixed general laws, a passive receiver of prior causes and a non-willing, non-responsible transmitter of future effects, whose consciousness and action are completely caught up in the causal nexus of matter and time.

but thats not what i'm talking about... i am discussing the god you claim to worship... even if you believe jesus was god on earth it doesn't matter for if you take what he had to say as law then you should take with equal fervor words and commands given from god itself... it stands as logical to do this and i am confused since most only do what jesus said... the dude was only here for 30 years and god has been here for the whole time — he has added, taken away, and revised everything he has set previous to jesus and after his death... thru the prophets — i base my argument on the book itself, so if you have a counter argument i believe you haven't a full understanding of the book — and that would be my overall point... belief without full understanding of or consideration to real life or consequences for the hereafter is equal to a childs belief in santa which is why we atheists feel it is an equal comparision... and santa is clearly a bs story... based on real events from a real historical person but not a magical being by any means!

Mothers» names will be included on marriage certificates «as soon as possible» if a new law is approved, the Government has said after the Bishop of St Albans raised the matter in Parliament.

Even today, as both Kreutz and Minerbi report, the Holy See does not consider the disposition of the city to be fully resolved, and it deeply desires a say, within the framework of international law, in that negotiated resolution, no matter who holds actual sovereignty over the city.

Decisions had to be made from time to time as to where or when services of the church would be held; the church needed to be told of the impending visit of an apostle, or of some prophet or teacher from abroad; a question has been raised as to the good faith of one of these visitors, and there must be some discussion of the point and a decision on it; a fellow Christian from another church is on a journey and needs hospitality; a member of the local congregation planning to visit a church abroad needs a letter of introduction to that church, which someone must be authorized to provide; a serious dispute about property rights or some other legal matter has arisen between two of the brothers and the church must name someone to help them settle the issue or must in some other way deal with it; a new local magistrate has begun to prosecute Christians for violating the law against unlicensed assembly, and consideration must be given to ways and means of meeting this crisis; charges have been brought against one of the members by another member, and these must be investigated and perhaps some disciplinary action taken; one of the members has died, and the church is called on for some special action in behalf of his family in the emergency; differences of opinion exist in the church on certain questions of morals or belief (such as marriage and divorce, or the resurrection), differences which local prophets and teachers are apparently unable to compose, and a letter must be written to the apostle — who will write this letter and what exactly will it say?

«We can not comment, as a matter of law, on whether an investigation has been commenced or on the status of any investigation that was commenced,» said spokesman Walt McClure.

«I would add, just as a matter of fact, with the Five Eyes pact, we can not use each other's capabilities to circumvent laws,» he said.»

«As a general matter, nothing prevents the federal government from changing the SALT deduction,» said David Gamage, a professor of tax law at Indiana University's Maurer School of Llaw at Indiana University's Maurer School of LawLaw.

«The deal as it is currently constructed gives the Oneida control over Cayuga land, and that's pretty much unprecedented as a matter of federal law,» Horan said.

Lawmakers and administration officials have cited the complexity of the criminal justice matters being proposed, saying more time is needed to parse through language (lawmakers and Cuomo may be wary of again taking up a complex issue so quickly following the 2013 gun control law known as the SAFE Act had to be amended to exclude police officers from the measure).

A spokesman for the Joint Commission on Public Ethics, which has handled similar probes in the past, said, «We can not comment, as a matter of law, on whether an investigation has been commenced or on the status of any investigation that was commenced.»

Backing his claim with Article 13 of the Constitution which says «no person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the laws of Ghana of which he has been convicted,» the caucus leader and Minister for Parliamentary Affairs said, «I do not think that the constitution, in so far as a matter is criminal, frowns upon the use of force to the extent that it may even deprive some other people of their lives.

In a letter to Comptroller Thomas P. DiNapoli, Cohen said the governor's actions «violate New York Mental Hygiene Law, which provide that certain facilities may not, as a matter of law, be discontinued.&raqLaw, which provide that certain facilities may not, as a matter of law, be discontinued.&raqlaw, be discontinued.»

Alliance executive director Tom Stebbins said trial lawyers have profited handsomely while driving up the cost of doing business in New York by blocking needed reforms to provisions such as the «scaffold law,» which holds contractors and property owners fully liable no matter what if workers are hurt in falls from heights under unsafe conditions.

But while previous presidential campaigns have used these funds to pay for routine legal matters such as ballot access disputes and compliance requirements, Trump would be the first president in the modern campaign finance era to use such funds to cover the costs of defending himself in a criminal probe, said election law experts.

Cuomo says there are reasons for the present statute of limitation laws, he says over time «memories fade» and evidence can be lost, but says he will consider the matter further and will pursue a comprehensive bill as part of his State of the State message in January.

Orbih said the party titled the proposed law as «A Bill to Prohibit Open Rearing and Grazing of Livestock Administration, Regulation and Control and for other Matters connected there with.»

Yet «as a practical matter, the announcement and paperwork would have the effect of removing the U.S., setting it on a certain course for withdrawal,» says Scott Fulton, president of the Environmental Law Institute.

Jacqueline P. Danzberger, the director of governance programs at the Institute for Educational Leadership, says most state mandates are «very, very minimal,» requiring board members to spend a certain number of hours passively receiving information on such matters as school law, communications, and finance.

Here's a recent example from The New York Times: «Samuel Ting, a professor at the Massachusetts Institute of Technology and a Nobel laureate particle physicist, said Wednesday that his $ 1.6 billion cosmic ray experiment on the International Space Station had found evidence of «new physical phenomena» that could represent dark matter, the mysterious stuff that serves as the gravitational foundation for galaxies and whose identification would rewrite some of the laws of physics.»

With 755 horsepower the 2019 Chevrolet Corvette zr1 is the most powerful Corvette ever it's also the most technologically advanced behind me are the rolling s's at Road Atlanta and we're here to see if we can reach to the supercar levels of performance afforded by this thing's massive power big tires and the tall wing on the back after that we'll take to the streets to see if a car this powerful can behave itself in public this is a monster of a car I've had some brief track opportunities moving this morning to get used to the pace of this machine which is phenomenal we're gonna warm up as we get out to the road Atlanta and sort of build up to the pace that this car can operate at now initially when you hop in this car you have this shrine to the engine right above you you see the line of the hood it kind of dominates the center of the view you can see over it it doesn't affect visibility but it's immediately obvious and that kind of speaks to what makes this car special it's a monster of an engine listen to that [Music] that is tremendous tremendous acceleration and incredible power but what I finding so far my brief time here at the Atlanta is that everything else in the car is rut has risen to match hurt me while I lay into it on the back straight look you know 150 mile - an - hour indicated we're going to ease up a little bit on it because I need to focus on talking rather than driving but like I was saying the attributes of the rest of the car the steering the braking capability the grip every system of this car is riding to the same level of the power and I think that's what makes it really impressive initially this is undoubtedly a mega mega fast car but it's one that doesn't terrify you with its performance potential there's a level of electronic sophistication that is unparalleled at this price point but it's hard not to get you know totally slipped away by the power of this engine so that's why I keep coming back to it this car has an electronically controlled limited slip differential it has shocks filled with magnetically responsive fluid that can react faster to inputs and everything this car has a super sophisticated stability control system that teaches you how to drive it quick but also makes you go faster we haven't even gotten into exploring it yet because the limits of this car are so high that frankly it takes a while to grow into it but [Music] I think what's impressive about this car is despite how fast it is it is approachable you can buy this car to track dates with it and grow with it as a driver and as an owner I think that's a really special [Music] because you will never be more talented than this car is fast ever unless you are a racing driver casually grazing under 50 miles an hour on this straight okay I'm just going to enjoy driving this now [Music][Applause][Music] this particular Corvette zr1 comes with the cars track performance package a lot of those changes happen underneath the sheet metal but one of the big differences that is immediately obvious is this giant carbon fiber wing now the way this thing is mounted is actually into the structure of the vehicle and it makes you know loading the rear hatch a bit more difficult but we're assuming that's okay if you're looking for the track performance this thing delivers also giving you that performance are these Michelin Pilot Sport cup tires which are basically track oriented tires that you can drive on the street but as we wake our way to the front of the thing what really matters is what's under the hood that's right there's actually a hole in the hood of this thing and that's because this engine is so tall it's tall because it has a larger supercharger and a bunch of added cooling on it to help it you know keep at the right temperature the supercharger is way larger than the one on the zo six and it has a more cooling capacity and the downside is it's taller so it pops literally through the hood the cool thing is from the top you can actually see this shake when you're looking at it from you know a camera from the top of the vehicle this all makes for 755 horsepower making this the most powerful Corvette ever now what's important about that is this not just the power but likewise everything in the car has to be built to accommodate and be able to drive to the level of speed this thing can develop that's why you had the massive cooling so I had the aerodynamics and that's why I had the electronic sophistication inside [Applause] we had a lot of time to take this car on the track yesterday and I've had the night to think about things Matt today two crews on the road and see how this extreme performance machine deals with the sort of more civil minded stuff of street driving the track impressions remain this thing is unquestionably one of the most capable cars you can get from a dealer these days a lot of that's besides the point now because we're on the street we have speed limits they have the ever - present threat of law enforcement around every corner so the question is what does this car feel like in public when you slow this car down it feels like a more powerful Corvette you don't get much tram lining from these big wheels though we as the front end doesn't want to follow grooves in the pavement it is louder it is a little firmer but it's certainly livable on a day to day basis that's surprising for a vehicle of this capability normally these track oriented cars are so hardcore that you wouldn't want to drive them to the racetrack but let's face it you spend more time driving to the track than you do on the track and the fact that this thing works well in both disciplines is really impressive I can also dial everything back and cruise and not feel like I'm getting punished for driving a hardcore track machine that's a that's a really nice accomplishment that's something that you won't find in cars that are this fast and costs maybe double this much the engine in this car dominates the entire experience you can't miss the engine and the whole friend this car is sort of a shrine to it the way it pops out of the hood the way it's covered with coolers around the sides it is the experience of this car and that does make driving this thing special and also the fact that it doesn't look half bad either in fact I think it has some of the coolest looking wheels currently available on a new car this car as we mentioned this car has the track package the track package on this car gives you what they call competition bucket seats which are a little wide for my tastes but I'm you know not the widest person in the world this automatic transmission works well I mean there's so much torque again out of this engine that it can be very smooth and almost imperceptible its clunky on occasion I think I'd might opt for the manual although Chevy tells me about 80 % of its customers will go for the automatic I don't think they're gonna be disappointed and that's gonna be the faster transmission drag strip on the street - and on the racetrack man it was a little bit more satisfying to my taste though we've talked about the exhaust I have it set in the track setting let's quiet it down a little bit so you can hear the difference now I've set that separately from everything else so let's put it stealth what happened to the engine sound that's pretty that's pretty amazing man stealth is really stealth and then go back to track Wow actually a really big difference that's that's pretty great the Corvette has always been a strong value proposition and nowhere is that more evident than this zr1 giving you a nearly unbeatable track performance per dollar now the nice thing is on the road this doesn't feel like a ragged edge track machine either you could genuinely drive it every day the compromises are few and that's what makes this car so special if you like what you see keep it tuned right here and be sure to visit Edmunds.com [Music]

As a matter of fact, there is nothing in the law that says it HAS to be on your credit for 10 mins, 10 days or 10 months let alone the 10 years.

Do we really want to say that as a matter of law that it is both right and rational to treat groups differently based on their genetic background?

Don't take my word for it: that's the conclusion the National Academy of Sciences reached in an «expert consensus» report, which examined numerous empirical studies on the matter and concluded that it was simply impossible to say one way or another whether such laws increase crime or instead decrease it as a result of their effect in deterring violent predation.

A victory on «no - malice - on - this - theory» grounds... if it's won as a matter of law before the appellate court... says to Mann, «You can't make people do anything (except laugh at you) by suing them.

To make matters worse, even in the short run Poland still does not have a renewable energy standard put into law — and the one it is currently working on, says WWF, continues to treat coal as a good source of energy.

The remarks put Perry at odds with Environmental Protection Agency Administrator Scott Pruitt and White House chief political strategist Steve Bannon but in the same camp as Trump son - in - law Jared Kushner and Secretary of State Rex Tillerson, along with a group of 15 state attorneys general who say fighting pollution is a public health matter.

Nor, as I understand matters, does IPCC's adoption of the resolution saying that «IPCC considers its draft reports, prior to acceptance, to be pre-decisional, provided in confidence to reviewers, and not for public distribution, quotation or citation» create an obligation under Canadian or international law that requires me to comply with your request to remove discussion of IPCC drafts from Climate Audit.

So again, as I've said elsewhere, administrative law and Charter law, corporate law of various types, consumer protection, taxation, and challenging various powers such as permit boards and regulatory agencies... all that is deemed as a matter of course as something that no mere citizen could handle on their own.

Still, the Times quotes Loyola Law Professor Laurie Levenson as saying lack of victim cooperation might not matter in the «Post-OJ world,» especially when the prosecution has a 911 tape on which Mueller stated that she fears for her life.

«I can see no ground, as a matter of law, for implying any qualification to that absolute requirement into this provision of the statute despite the practical difficulties to which it is said to give rise on the part of the police.»

I think Angela Swan is perceptive (here as elsewhere), but to say that someone who has been defamed has no right to find out what is being said is bizarre (even if it turns out to be accurate and defensible under defamation law, i.e. a defence of truth would work in an accusation of being a scumbag... a matter on which I have no opinion in the present case).

In considering a defendant's motion to dismiss, the court must assume that allegations in the complaint are true, so that any challenge at this stage is made strictly as a «matter of law» — what the law of your state says about a specific situation.

Another factor continuing to affect Court practice, Zubarev says, is that the August 2014 contraction of the Russian Supreme Court from two separate supreme courts (one dealing with simple civil law disputes and criminal law matters, and another dealing with commercial disputes between companies) into one has resulted in a Court practice «getting more and more difficult», as the Court is less concerned with freedom of contract, and more interested in exploring the actual intent of the parties, and protecting the weaker party.

Therefore, the court could not say that such punitive damages were «generally not favored» as a matter of law.

Apple's notice says: «This disclaimer moots Samsung's Motion for Judgment as a Matter of Law, as set forth in Samsung's reply brief, that Apple's U.S. Patent No.

Even in the case of the Succoth hut on the condominium's balcony, where the SCC said that religious belief had only to be sincere to qualify for Charter protection (Linus van Pelt in Peanuts expressed that decades ago: it doesn't matter what you believe, as long as you're sincere), the religious person got to set up his hut contrary to the condo's by - laws because the court held it was no big deal for the condo.

It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,....»

In light of this brief summary, and paraphrasing Justice Fish's point from Krieger, one could perhaps say that jurors have the responsibility as a matter of right to assess evidence and apply the law as set out by the trial judge, but also enjoy the power to refuse to apply the law «when their consciences permit of no other course».

Respected commentator, David Worlock, has much to say on these matters, making reference to «until Lexis Law is divested», as if it were simply a matter of time and suggesting «Why not bring it on again?»

«Ultimately, when the law is changed, we want to ensure that a director who does not get majority votes for, does not get elected, as a matter of law,» Cotte says.

Other than in the context of a disciplinary suspension, an employer does not, as a matter of law, have an implied authority to suspend an employee without such reasons,» said Justice Richard Wagner, who wrote on behalf of the 5 - 2 majority.