Sentences with phrase «statutory provision»
A "statutory provision" refers to a specific rule or law that has been established by the government or a legislative body. It is a written legal requirement that outlines what people can or cannot do in certain situations stated within the law. Full definition
They are already subject to a range of statutory provisions and disciplinary procedures which govern their conduct.
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In recent years, there have been moves to pass clear statutory provisions in this regard, which have not yet borne fruit.
There is nothing in the relevant statutory provisions to suggest there is any duty to protect the economic interests of third parties.
Should the review of the procedures they have used demonstrate a failure to follow the necessary statutory provisions regarding the transfer of employees then the school will be vulnerable to legal challenge.
There was no specific statutory provision as to the method by which persons were to be so informed.
No separate notice of motion needed to be brought under a different statutory provision given that the defendant brought a fee request under a provision saying it could be raised through opposition papers.
And all but a few have statutory provisions doing the same.
How can an attorney who lacks general immigration law expertise be sure that a seemingly clear statutory provision actually means what it seems to say when read in isolation?
It considers both common law and statutory provisions relating to the rules of evidence, and provides practical suggestions for applying the rules of evidence when appearing before administrative tribunals.
The wording of various statutory provisions is similar but not identical between jurisdictions.
Constitutional and statutory provisions create a special legal regime for churches and other religious institutions.
The initial statutory provision left some ambiguity regarding application of the 60 - day repayment rule.
It remains to be seen whether the courts and practitioners will start relying on this presently dormant statutory provision.
It relied on both the common law and statutory provisions around «fraud».
As a legal condition, adoption is regulated by statutory provisions and administered through the courts in line with these principles.
In the absence of statutory provision for the SDT, it is for the common law to determine the applicable standard.
Prosecuting such cases under statutory provisions might lead to indictments with an unwieldy number of separate counts, and possibly separate trials for separate parts of the conspiracy.
Statutory provisions require teachers employed by or under contract with a charter school to be certified as required by current law.
If you retrieve a particular statutory provision in Westlaw, it will provide links to regulations promulgated pursuant to this provision appear in the left hand frame.
SB 1139 Requires annual performance evaluation by presiding judges for the Associate Judges for Child Support and Child Protection Cases and other personnel appointed under the applicable statutory provisions based on written personnel performance standards adopted by the presiding judge.
CAPACITY FOR SEXUAL RELATIONS The issue of capacity, dealt with for decades by the common law, has been brought into active legal consciousness by the Mental Capacity Act 2005 which, in turn, has brought to our attention other statutory provisions which exist to determine some specific circumstances in which capacity could be impaired.
Given that the authority to determine the meaning of «expenses» had been vested in the tribunal and not in the courts, Justices LeBel and Cromwell's insistence that the tribunal interpret statutory provisions as if it were a court flew in the face of legislative intent.
The respondent also submitted that in the absence of a specific statutory provision allowing for the payment of interest, the Minister has no authority to award interest no matter how broadly remedial powers are drafted under ss.
However, when an employee's request for leave does qualify under both the ADA and FMLA, the employer should consider the individual's rights under both statutes and provide leave under whichever statutory provision provides the greater rights to employees.
2d 874 (1997), the United States Supreme Court, addressing undefined statutory provisions prohibiting patently offensive and indecent Internet transmissions to those under eighteen years, stated that» [g] iven the vague contours of the coverage of the statute, it unquestionably silences some speakers whose messages would be entitled to constitutional protection.»
Mahmood highlighted that the Commission's independence comes from the integrity of the election managers, adding that it was not necessarily drawn from statutory provisions.
Once established, it can not be dispensed with other than in accordance with specific statutory provision.
Significantly — for reasons considered in my earlier post — the new statutory provisions do not purport to inject any form of legality into legally flawed administrative decisions.
The House of Lords decided that clear statements made in Parliament concerning the purpose of legislation in course of enactment may be used by the court as a guide to the interpretation of ambiguous statutory provisions.
What specific statutory provisions authorized the Federal Reserve to make an $ 85 billion loan to AIG?
It will explore the WTO's interaction with different sources of international law, including regional trade agreements like the Transpacific Partnership Agreement (TPP), the North American Free Trade Agreement (NAFTA), as well as Bilateral Investment Treaties and analyze relevant U.S. constitutional and statutory provisions concerning domestic and foreign trade.
The group will review existing statutory provisions and, according to a statement, will «explore approaches to clarify and modernize the 80 - year - old statute.»
In Tariq v Home Office the Court considered the permissibility and compatibility with European Union law and the European Convention of a closed material procedure authorised by certain statutory provisions.
Another way to expedite permanent placement for neglected animals is to use statutory provisions that allow a private citizen or organization to file a civil suit for an injunction against an accused animal abuser, thereby allowing the Court to terminate the defendant's interest in the animals.
Sure, administrative decision - makers should be required to read statutory provisions intelligently and explain their conclusions in terms of statutory language and objectives, but they should not be required to master these -LSB-...] Read more
Which statutory provisions govern the adjudication of the case?
Third, you make it much harder to determine when the substance of the provision was originally enacted (e.g. if you want legislative history or to determine which of two conflicting statutory provisions was enacted first) since an annotated statute will often show when the current section was enacted but will not explain what it was derived from.
He must act now to completely reform the UK's statutory and extra statutory provision in this area, or face the consequences of his prevarication.