Sentences with phrase «state statute applies»

It would be best to get the opinion of an attorney who is licensed in the state the consumer lives in to make sure which state statute applies in a specific and particular situation.

Texas state statutes apply as well.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

These federal statutes can not be made to apply to groups in those states.»

The rational basis test is always applied first when a state or federal statute is challenged as a violation of the Fourteenth Amendment Equal Protection Clause.

School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.

«After many years of working on this issue, I am deeply gratified to see the State Legislature finally correct this vague statute that's been arbitrarily applied, unnecessarily sending thousands of New Yorkers through the criminal justice system,» said Assemblyman Dan Quart.

Bottom line: if the Obama ESSA rules are repealed and the Trump team doesn't clarify how the regulatory moratorium applies to the education department, states could be left with little more than an ambiguous statute and non-binding assurances from the executive and legislative branches.

In states operating under the provisions of the ESEA statute, as well as some states operating under ESEA accountability waivers, this is done by applying measures of adequate yearly progress (AYP).

The statute allows parents to apply nearly every dollar the state typically spends per pupil, almost $ 6,000 in most areas, to virtual charter schools, as long as they are authorized by the state.

This document, as required by statute, also adjusts the dollar limits used to define small businesses for the Department of Transportation's Disadvantaged Business Enterprise (DBE) program, which applies to State and local highway, transit, and airport recipients of DOT financial assistance.

First, there are laws in many states requiring contracts to be in writing unless, by their terms, they can be fulfilled within a year (these are known as Statutes of Frauds and they do in many cases apply to publishing contracts).

I am confused about how the statute of limitations with regards to debt applies to what is reported on an actual credit report from the 3 credit reporting agencies in the United States.

Which State's statute of limitations applies in any given situation.

State statutes of limitation on debt collection apply to open ended contracts such as credit cards and store credit accounts and contracts for sale under the Uniform Commercial Code (UCC).

If a creditor contacts you to collect an old debt, it's important to look through your contract and know which state's statute of limitations rules apply to the debt in question.

If you are not sure whether the statute of limitations applies in your case — the rules vary from state - to - state — simply ask the collection agency if your debt is «time - barred» meaning the statute of limitations has run out.

Unless you have a solid understanding of federal bankruptcy statutes as well as the state specific statutes that apply to your bankruptcy case, you need an attorney representing you and protecting your interests.

Until the mid-part of the last century, the term «malpractice» didn't even apply to veterinarians (and still may not in some states where this profession isn't listed under the malpractice statute).

Laws that should apply are state anti-cruelty statutes and health regulations.

But efforts aimed at eradication can be successful only if the public is properly prepared first, and even then eradication will likely have to be continuously applied, while at the same time keeping up with the public education campaign and enforcement of state statutes and local government ordinances aimed at reducing the flow of new cats into the wild.

A statute of limitations applies to personal injury claims in Mississippi, as in other states, so you will need to take legal action within that time window.

The Judgment was affirmed by the Supreme Court of the State, which considered the constitutional question and sustained the statute as thus applied.

This is common law theft (and probably meets whatever statute definition is applied) and is a crime punishable by the state.

While these purposes of statutes of limitations generally apply across the states, each state has its own law that establishes how long you have to act.

It is important to note that the ability to limit your maximum liability is only applicable to contract provisions, and does not apply to entitlement to attorneys» fees and costs pursuant to a state statute or court rule.

Statutes of limitations apply in many states, so it is important that you contact a lawyer as soon as possible if you feel you have been harmed by a defective medical device.

The very next day, the United States Supreme Court confirmed the overbreadth doctrine as it applies to statutes, but said that Due Process vagueness challenges do not apply...

The fact of the administrative state is predicated by the fact that parliament (both federal and provincial) and the courts can not possibly apply and administer the myriad of rules that govern day to day life or settle the thousands of disputes that arise under the endless statutes and regulations.

One could make an argument that the affirmative defense of consent could apply; however, most states have consent statutes like Colorado's that would not apply to murder.

Texas Appleseed and pro bono attorneys from Locke Lord LLP researched and reported on the wide range of criminal discovery practices in Texas in the months following Morton's release — recommending ways to reform and uniformly apply the State's criminal discovery statute.

It is vital that you seek legal assistance as soon as possible to begin the lawsuit process as there is a statute of limitations that applies in the state of Louisiana.

But Arizona amended its vexatious litigation statute three years ago to apply only to pro se litigants, and while the state isn't unique in that regard, we all should have a problem with this.

To complicate things further, each state has different time limits, so it is imperative that you seek assistance from an attorney who is specifically familiar with the statute of limitations that applies to your case under California law.

There is a statute of limitations that applies to non-major crimes within which the state must initiate prosecution.

In the exercise of this Court's discretionary power to grant or withhold the declaratory judgment remedy, it is of controlling significance that it is in the public interest to avoid the needless determination of constitutional questions and the needless obstruction to the domestic policy of the states by forestalling state action in construing and applying its own statutes.»

«In any event, the parties are free to litigate in the state courts the validity of the statute when actually applied to any definite state of facts, with the right of appellate review in this Court.

The Ohio Supreme Court also concluded that the State had to establish scienter in order to prove a violation of § 2907.323 (A)(3) based on the Ohio default statute specifying that recklessness applies when another statutory provision lacks an intent specification.

the Court implicitly states that the statute of repose can never properly apply to asbestos claims, because such application would bestow upon asbestos defendants «absolute immunity» due to the typical latency period for asbestos - related diseases.

If extenuating circumstances are present, and applying the statute of limitations would be unfair, the state may agree to prolong the period of time in which you can file a claim.

Court held two - year federal bankruptcy limitations extension statute (11 U.S.C. § 108 (a)-RRB- applied, rather than one - year state statute of limitations (Cal.

The latter statute provides that, where a dispute is governed by foreign law, the laws of the foreign state relating to limitation shall apply.

Date — Bah JSC in this case stated that: «what is intended to be covered by Order 81 are irregularities, short of situations of want of jurisdiction or infringements of statutes other than the High Court Rules... thus, whilst Order 81 rule 1 treats non compliance with the Rules as not nullifying the non - complying proceedings, the rule DOES NOT apply to non — compliance which is so fundamental as to go to Jurisdiction, or which is in breach of a Statute other than the civil procedure rules; breach of the Constitution; or the breach of the rules of natural justice.»

Reasonably is an objective standard applied by the courts as to what a reasonable person in the defendant / plaintiffs position would do and depends on the state of statute law, case law and community law of the time.

An eight hour of day employee on the premises starts to look like a commercial office use, which many residential leases and many zoning statutes in places zoned residential (that would apply in the absence of a more expressly stated lease prohibition) would prohibit.

Specifically, the court applied an old common - law doctrine that had been adopted into the law by state statute, called the «firefighter's rule.»

A concurring opinion by Justice John Paul Stevens means that the decision will most likely have to be applied on a case - by - case basis, looking at different types of statutes that states have enacted to place limitations on class actions.»

The commenter also questioned why the regulation must apply to Medicaid since the existing Medicaid statute requires that states have privacy standards in place.

As discussed above, our reading of the statutes together is that the effect of section 264 (c)(2) is only to leave in place state privacy protections that would otherwise apply and that are more stringent than the federal privacy protections.

The statute states that its limitations periods do not apply to the manufacturer or supplier of equipment or machinery installed on the property.