Sentences with phrase «statutory scheme»

Under the public - rights doctrine, patent rights are governed by statute and subject to statutory schemes providing for regulation by an administrative agency.

The modern civil law, statutory scheme differs from the crime of murder.

To be clear, the amended law does not provide a separate statutory scheme or special requirement for commercial transactions.

The success of the plaintiff in Hadeed may be related to the specific statutory scheme in Virginia, which allows service, including a subpoena directed to a witness, even though the parties may be based in another state.

For ``... R (D) A 1886, like its predecessors, created a self - contained statutory scheme which did not mirror the common law of tort.»

The Canada Labour Code offers an alternative statutory scheme for non-unionized employees consisting of expansive protections much like those available to employees covered by collective agreements.

The issue in this appeal is whether Parliament's intention behind amendments to the Canada Labour Code [1] in 1978 was to offer an alternative statutory scheme consisting of... [more]

But that is quite different from holding that the general principle overturns the specific statutory scheme established in the context of diplomatic, rather than state, immunity.

In a report published this week, Conservation Covenants, it recommends a new statutory scheme for conservation covenants.

The Court accepted that «while significant underlying similarities may exist across different statutory schemes dealing with employment, it must always be assessed in the context of the particular scheme being scrutinized.»

While in law school Joe served as a law clerk with the U.S. Office of Special Counsel in Washington, D.C., where he focused his efforts on the Hatch Act, a complex statutory scheme governing the political activities of state and federal employees.

Any average person applying for this additional insurance coverage would understand a «policy of insurance» to mean an optional, private insurance contract and not a mandatory statutory scheme such as the CPP; so future CPP disability benefits do not reduce the amount payable by the insurer under the endorsement.

The current statutory scheme serves to protect the interests of adults in our state, instead of prioritizing the interests of 200,000 children who attend schools in Connecticut's lowest performing districts.»

An average purchaser of insurance would interpret a «policy of insurance» as a private insurance contract, and not benefits provided under a mandatory statutory scheme like CPP.

«In assessing the standard of review for a labour board they're dealing with a complex statutory scheme and they're dealing with it all the time.

We have now seen two decades of significant changes to the Child Support Statutory scheme in 1993 (CS1), 2003 (CS2) read more

«Each state has their own statutory scheme for how they handle divorce.

We're working for stronger regulation of both greenhouse pollution from automobiles through the Clean Air Act and higher fuel economy standards pursuant to the Energy Policy and Conservation Act, two partially overlapping and complimentary statutory schemes.

Oregon animal welfare laws impose one of the nation's most protective statutory schemes, the suit says, citing a 2014 state supreme court decision, Oregon v. Fessenden.

One Australian solicitors» statutory scheme varies the cover when market conditions necessitate it.

The fee modification order was affirmed based on the Family Code statutory scheme that had no provision constituting a ban on reconsideration or modification of prior orders based on changed circumstances.

There is no charge at present but there are plans to introduce a charge of # 20 for an application under the revised statutory scheme unless the applicant is under the age of 18 or is a victim of domestic abuse.

Several other Canadian jurisdictions include statutory schemes to resolve treatment decisions for patients without capacity, including Manitoba, B.C., Yukon, Quebec, and P.E.I..

As the dissent points out, the statute was susceptible to a much more sensible reading, one that preserved the overall statutory scheme of coordinating benefits, but also providing coverage for all reasonable expenses, including expenses outside of the medical plan, incurred as a result of an automobile accident.

When the surrounding circumstances are taken into account, the Court's statement in Dunsmuir that previous jurisprudence is relevant to determining the standard of review must have been aimed at situations in which earlier cases had identified the appropriate standard of review for a certain type of decision taken under a particular statutory scheme.

In fact, it was noted that the trial judge compared the statute to other Canadian labour relations statutory schemes, and found that these requirements were not an excessively difficult threshold to meet such that the workers» rights to associate were substantially interfered with.

The explicit concern of the CCD is that, in increasing de jure access to human rights remedies in civil court actions, the decision in this case may have the consequence of sending a message that a civil action in court can fulfill the same role as an administrative action under the existing statutory schemes, and that de facto financial barriers to access do not matter.

In particular, the Court considered the interplay between provincial Family Law statutory schemes on one hand, and the federal bankruptcy laws on the other.

Karakatsanis J. points to multiple features of the elaborate statutory scheme that might be said to support the alternative interpretation and explains how each of them is nonetheless consistent with the Board's interpretation (if one can call it that), much of which is supported by reference to a decision made by another body that «formerly» had appellate jurisdiction from the Board (at para. 44).

«Moreover, when exercising discretion under a provision or statutory scheme whose constitutionality is not impugned, it is conceptually difficult to see what the «pressing and substantial» objective of a decision is, or who would have the burden of defining and defending it.»

... The legal practitioner who ventures into this field must know not only the detail of the Native Title Act, but must also have a thorough understanding of the common law system of tenure and its different estates as well as the various statutory schemes by which the several States and Territories have, from time to time, provided for the creation of private interests in and for the use by governments and individuals of public lands.

The Commission argues that the introduction of further statutory schemes would increase the amount of government regulation of the system.

The flexibility of our sentencing process should not be misused by imposing inappropriate and artificial sentences in order to avoid collateral consequences which may flow from statutory scheme or from legislation, thus circumventing Parliament's will.

A new statutory scheme is not required for housing associations because the Housing Act 1988 already allows landlords to grant fixed - term assured shorthold tenancies, with a mandatory right to possession.

That case established that, where the execution of the works was facilitated by a stopping - up order made by a different compensating authority, under a different statutory scheme not incorporating CPA 1965, the stopping - up did not give rise to a claim under s 10.

We have now seen two decades of significant changes to the Child Support Statutory scheme in 1993 (CS1), 2003 (CS2) and now on 10 December 2012 when the, not so new, CS3 or «Gross income scheme» came into force.

Maryland's current statutory scheme is contradictory in that it embraces the notion that designated agency can exist in a two tiered licensing scheme where the brokers are responsible for supervising their salespeople.

«Based upon a consideration of the provision in question, the language and structure of the entire statutory scheme, and the legislative history, the Court concludes that the statute does not give EPA the power to render a permit invalid once it has been issued by the Corps,» Berman Jackson wrote in a 34 - page opinion.

However, apart from issues of suffi ciency and cogency of evidence on the particular facts, all three judges in the Court of Appeal did accept the principle that in such circumstances the ASBO regime should generally take preference over s 222 injunctions given the «detailed statutory scheme» provided by the former.

The issue in this appeal is whether Parliament's intention behind amendments to the Canada Labour Code [1] in 1978 was to offer an alternative statutory scheme consisting of expansive protections much like those available to employees covered by a collective agreement.

Given the indications of the Supreme Court in Nicklinson about the relevance of an alternative statutory scheme to proportionality it was arguable that each justification should have been tested against all of the relevant evidence.