Sentences with phrase «statute at issue»

The statute at issue is the Drug Dealer Liability Act (DDLA) which is based on the Model Drug Dealers Liability Act which has been adopted in some version in more than 20 states.

P21 We first note that the aggravated assault statute at issue does not on its face «classify» persons at all; it classifies actions taken by persons.

There the Court sustained the President's view that the statute at issue was unconstitutional without any member of the Court suggesting that the President had acted improperly in refusing to abide by the statute.

Arizona's voucher programs were akin to the Ohio program the U.S. Supreme Court upheld inZelman v. Simmons - Harris, 536 U.S. 639 (2002), the court found, and «[l] ike the Ohio program and the measures challenged in Jordan and Kotterman, the statutes at issue here are facially neutral and favor neither one religion over another nor religion over nonreligion.»

The assistance Futernick provided the defense might have been undercut to a degree during cross examination by Kyle Withers, who solicited an acknowledgement from him that none of his research or opinions related directly to the statutes at issue in the case.

Furthermore, the practice argued that the negligence per se claim could not stand because the statutes at issue that were violated are not intended to prevent the type of harm incurred by the plaintiff, and, separately, the professional negligence claim could not stand because the conduct at issue did not involve the exercise of professional judgment or skill.

By contrast, the statutes at issue here contain annotations written by Matthew Bender editors.

Even assuming the correctness of the rationale of Wilhalme and Grant, in light of the fact that the statutory language is arguably open to more than one interpretation, those cases do not support the State's arguments in this case, which call more for a rewriting than judicial interpretation of the statutes at issue.

Not exact matches

Supporters and individuals who have experienced speedy trial issues — including Cuomo's ex-wife Kerry Kennedy — held a rally at the Capitol yesterday calling for action on Kalief's Law by the Senate Codes Committee and by Gov. Andrew Cuomo to fix New York's speedy trial statute.

At issue was a 1986 statute adopted in conjunction with the passage of an initiative (Proposition 62) that was intended to clarify Proposition 13.

«Â Finally, Sotomayor also determined that, at a minimum, EPA's determination that the CWA provision at issue applies to existing and new facilities was a reasonable interpretation of the statute.

Holding corporations legally accountable for climate change is a tough challenge because of regulatory and jurisdictional issues, statutes of limitation, the difficulty of assigning specific damages to any one company, and fossil fuel companies» arguments that they acted prudently based on their assessments of risk at the time.

When these provisions of a statute are at issue, the full panoply of Charter rights are engaged for the individual's protection.

She found, however, that the casting decisions in question were «part and parcel of the creative process behind a television program — including the Shows at issue here — thereby meriting First Amendment protection against the application of anti-discrimination statutes to that process.»

At least as of 2011, when regulations under the Information Technology Act related to privacy and data security were issued (some of the relevant statute sections and regulations are linked in this answer at Law.SE), there was no non-contractual right to have your data destroyed, although a terms of service for a site could give you that right contractuallAt least as of 2011, when regulations under the Information Technology Act related to privacy and data security were issued (some of the relevant statute sections and regulations are linked in this answer at Law.SE), there was no non-contractual right to have your data destroyed, although a terms of service for a site could give you that right contractuallat Law.SE), there was no non-contractual right to have your data destroyed, although a terms of service for a site could give you that right contractually.

Since the amendment at issue here is designed to protect the public, the presumption against the retrospective effect of statutes is effectively rebutted.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

This issue is at the core of the argument and presents the biggest challenge in dealing with the DUI statute.

At issue in both is the federal law banning «partial birth abortion,» which Congress passed in the wake of the Court's 2000 decision Stenberg v. Carhart, which struck down a similar statute in Nebraska because it failed to include an exception that would allow the procedure if needed to protect the health of the mother.

[5] During the first stage of the analysis, reviewing courts were charged with examining four factors: whether there was a privative, or conversely an appeal, clause in the decision maker's home statute; [6] whether the decision maker was relatively more expert than the reviewing court in respect of the decision under review; what the purpose of the statutory scheme and of the particular provision or provisions at issue was; and what the nature of the question in dispute was.

When beginning legal research, one of the first questions the researcher should consider is whether there are any statutes relevant to the issue at hand.

Legal issues raised at trial included judicial estoppel, laches, the statute of frauds, the statute of wills, the canons of ethics, the disciplinary rules, adverse possession, constructive trust, fiduciary duty and the attorney - client privilege.

A result is that where the criminal statute defines the offense more broadly than the immigration definition at issue, the conviction will not trigger the immigration penalty.

The argument at the Supreme Court involves only one issue that concerns us and that is should a Plaintiff's lawyer be entitled to get the 40 % fees under the offer statute, which in this case totals around $ 43,000 or the $ 93,000 that hourly would have totaled.

In denying summary judgment to GE and granting summary judgment to Boston Edison, the Court found that: (1) while the construction work performed by GE met the definition of an improvement to real property for purposes of the statute of repose, public policy considerations necessitated an exception to the application of the statute in cases involving alleged asbestos - related disease; (2) the installation of asbestos insulation was not an abnormally dangerous activity; (3) Boston Edison did not exercise sufficient control over the work at issue to be held negligent; and (4) a premises owner, such as Boston Edison, has no duty to warn where the subcontractor has knowledge of the hazard which is equal to or greater than that of the premises owner.

So the federal court paused the case and asked the Oregon court for advice on interpreting the Oregon recreational use statute that was at issue in the case.

In the case, Parr v. Rosenthal, the court determined that it would adopt the doctrine, but it held that the specifics of the case at issue prevented the doctrine from being applied to extend the statute of limitations.

Unless the jurisprudence has already settled the applicable standard of review (Dunsmuir, at para. 62), the reviewing court should begin by considering whether the issue involves the interpretation by an administrative body of its own statute or statutes closely connected to its function.

A federal act would, of course, obviate the preemption problem, or at least replace it with issues of reconciling two federal statutes — which would be a somewhat less daunting a challenge.

At issue in this case are provisions of an anti-terrorism statute that prevent lawyers from offering advice to groups designated as foreign terrorist organizations, even if the advice is for lawful and humanitarian peace - making endeavors.

On the other hand, the aforementioned Act is not at all the only statute regulating those issues; in fact, there are several different procedures or grounds based on which a product or a service can be reimbursed, which are provided for under several different acts.

It may be that proprietary rights in a domain name, like copyright and trademark, is a creature of statute as opposed to tort and property law, but the appropriate material was not placed before this court to make a determination of the question at issue.

Having concluded that, as a matter of empirical fact (on which more below), the fees at issue deter substantial numbers of people from pursuing their claims, the Court asked itself whether «the text of» the statute pursuant to which the fees were imposed by the executive, «but also the constitutional principles which underlie the text, and the principles of statutory interpretation which give effect to those principles» [65] provided authority for setting the fees at their current level.

(a) With regard to judicial review of an agency's construction of the statute which it administers, if Congress has not directly spoken to the precise question at issue, the question for the court is whether the

As Parliament did not clear empower the executive to levy fees that would prevent litigants from accessing tribunals, and as the fees at issue had precisely that effect, they must be held not to have been authorized by the statute under whose purported authority they were imposed.

«En banc Second Circuit rejects Apprendi challenge to NY persistent felony statute»: Law professor Doug Berman has this post at his «Sentencing Law and Policy» blog about an en banc ruling that the U.S. Court of Appeals for the Second Circuit issued today.

The statute sets out certain circumstances in which an unjustified invasion of personal privacy is presumed to occur (s. 21 (3)-RRB-, and these chiefly relate to the sensitivity of the personal information at issue.

A freelance lawyer can even help you decide whether or not to accept a contingency case by examining issues you've identified at the outset (such potential statute of limitations problems) or by performing a jury verdict search.

Fourth, in § 160.203, several criteria relating to the statutory grounds for exception determinations have been further spelled out: (1) The words «related to the provision of or payment for health care» have been added to the exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the exception for state regulation of health plans; (3) the words «of serving a compelling need related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»

When this question is answered in the negative, a court should then consider «whether the issue involves the interpretation by an administrative body of its own statute or statutes closely connected to its function» (Capilano at para 22).

Tenny v. Ontario 2015 ONCA 841 Conflict of Laws — Statutes — Trials Summary: At issue on this appeal was whether s. 26 (3) of the Provincial Offences Act, R.S.O. 1990, c. P - 33, authorized service of a summons by registered mail on an individual who resided in the United States of America.

The result is a multidisciplinary approach to major matters that combines both ERISA litigation experience with a deep working knowledge and understanding of ERISA - related tax statutes and regulations, as well as the underlying investment products that are often at issue in such matters.

Note: You can find Indiana statutes at http://www.in.gov/legislative/ic/code/title27/ and Indiana regulations at http://www.in.gov/legislative/iac/ Bulletins issued since July 1999 are on the Department's website.

*** Failure to provide insurance proof which was valid at the time the citation was issued, may result in a suspension of your drivers license by the Department of Highway Safety and Motor Vehicles pursuant to Florida statute 316.646 (3) ***

Analyzing legal issues, search statutes, prepare briefs, opinions, decisions, and other sources for presenting oral argument at judicial proceedings

Over the past few quarters, a number of cases have raised the same issue with respect to captive insurance schemes and the statute of limitations — whether the alleged RESPA violation occurred only at the time of the transaction, or whether each payment of an insurance premium constituted an independent violation.

A state law chart is included at the end of the memo, which compiles relevant language from state labor laws and state real estate statutes that address the issue of real estate salespeople as independent contractors.

At issue in Burk Baker v. Maclay Properties Company, was the constitutionality of a former Louisiana statute requiring reciprocity for real estate licenses for out - of - state residents and a related regulation governing out - of - state broker cooperation.

While the bank issuing the home loan will require one, that is a contract term between you and the bank — it's not a Florida statute or federal regulation that is forcing the bank to require title insurance at the closing.