Sentences with phrase «substantial case law»

While there appears to be no case law directly on point, there is substantial case law concerning the analogous situation where civil proceedings are brought in parallel with criminal proceedings concerning the same matter.

There is substantial case law elaborating on the Speech and Debate Clause.

Not exact matches

Because the birth control cases all focus on a 1993 federal law, the Religious Freedom Restoration Act, not the Constitution, the Justices will face questions about whether the mandate to provide free access to 20 forms of birth control drugs or devices, sterilization, screenings, and counseling imposes a «substantial burden» on religious freedom of nonprofit employers with religious objections to some or all contraceptives, whether the mandate in fact serves a «compelling interest» of the government, and whether an attempt to provide an exemption from the mandate satisfies the requirement that such an accommodation is «the least restrictive means» of achieving the government's policy interest.

For a comprehensive summary of the case law on SLC, see Peter Armitage, «The evolution of the substantial lessening of competition test — a review of case law» (2016) 44 Australian Business Law Review law on SLC, see Peter Armitage, «The evolution of the substantial lessening of competition test — a review of case law» (2016) 44 Australian Business Law Review law» (2016) 44 Australian Business Law Review Law Review 74.

Peter Armitage, «The evolution of the substantial lessening of competition test — a review of case law» (2016) 44 Australian Business Law Reviewlaw» (2016) 44 Australian Business Law ReviewLaw Review 74

The Department of Law, along with the plaintiffs in the case, have also agreed to recommend the court's monitor have the three - year oversight with the stipulation that the NYPD is in «substantial compliance» with the ruling.

AS: «I believe there's a substantial case illegality was rife across many newspaper titles and very little effort was made to uphold the criminal law.»

The Acting Chairman of the Commission, Hon. Abdullahi Bako, who made the presentation on behalf of the Commission explained that the amendment had become necessary given the fact that the Commission is restricted by its extant law to prosecute cases only in State High courts which has hampered its prosecutorial effectiveness because high profile defendants often wield substantial influence within a state.

President Donald Trump today signed into law a $ 1.3 trillion spending package that largely rejects deep cuts to research agencies proposed by the White House and, in many cases, provides substantial increases.

This post is already too long but, for the sake of completeness, since I've suggested there's a significant problem in the judge's use of «substantial», I'll add a bit more, including a reference to the case that once wasn't quite every Canadian (common law side) judge and civil litigator's favourite case on many aspects of proof of causation and damages.

It gave us a lawyers» paradise, even after the Court tried to reduce the scope of this provision in Keck, that continues to generate case law and warrants new editions of already quite substantial books.

Law is the operating system of our society and today's agreement means anybody can read the source for a substantial amount of case law that was previously unavailabLaw is the operating system of our society and today's agreement means anybody can read the source for a substantial amount of case law that was previously unavailablaw that was previously unavailable.

The Brickley Law has substantial experience with family law cases, including the creation, execution, and litigation of probate processLaw has substantial experience with family law cases, including the creation, execution, and litigation of probate processlaw cases, including the creation, execution, and litigation of probate processes.

The Court of Appeal handed down judgment last week in a public law case concerning the application of the principles of substantial compliance to the apparently mandatory duties of local authorities to use prescribed traffic signs and road markings.

There is a substantial body of case law that requires attorney fee awards pursuant to statutes or fee shifting agreements in contracts to be calculated based on an hourly fee.

It's now quite well - known, covers a substantial number of cases with technical content and is being managed by Mark Webbink, of the New York Law School's Institute for Intellectual Law & Property and former general counsel to Red Hat.

As a result, one can observe a constructive judicial dialogue, which has resulted in a substantial alignment (despite some diverging nuances) of the case law of both European courts.

Mayerson also examines different approaches to choice of law, ranging from contractual choice of law clauses, state statutes that govern choice of law or the Restatements approach, which lists factors for courts to consider in identifying the state with a more substantial interest in application of its law to the case.

Even with a teaching note, a substantial amount of time must be invested in fully understanding the case and adapting it for a law school classroom.

To help CanLII approach (or in some cases far exceed) a targeted case law depth of at least 10 years for superior and appellate courts, Canada's provincial law foundations have provided substantial funding grants for the scanning, digitizing and publishing of pre-2003 case law.

Mutual checking of the observance of fundamental rights is typically required in the case law of the ECtHR where substantial violations of ECHR rights would be caused by the surrender of persons to another state — e.g. in the framework of the Dublin system.

Doing so effectively calls for research skills beyond those that students acquire through working with domestic legal resources.56 Mary Rumsey explains that students must go beyond their dependence on domestic databases to learn how to access the different resources relevant to international and comparative law.57 She describes, as examples, the need to find customary international law through treaties, laws of other nations, diplomatic correspondence, and scholarly works, and she points out that civil law research requires much more emphasis on statutes and scholarship than on the case law that plays such a dominant role in American legal analysis.58 While there have been significant advances in access to foreign and international legal sources, there are still substantial barriers, 59 and the research methods needed to obtain these resources can be different (in ways either subtle or stark) from those that apply to domestic law.

Consultant, Interights: Along with Professor James Crawford SC, I prepared a substantial expert report on matters of public international law in support of pending litigation before the European Court of Human Rights in the case of Baltasar Garzón v Spain.

The Law Commission proposes some kind of non-binding «guidance» about «needs» to assist decision - makers in their task of interpreting that term in specific cases, which serves to underscore the fact that there will be substantial uncertainty under its proposal as to what the exception will include and how it will be applied.

There is a substantial body of case law on whether prosecution for a crime with elements A, B, and C bars prosecution for a crime with different elements arising from the same facts and circumstances (e.g. if acquittal of a lesser included offense whose elements must all be proved to convict on the more severe offense provides double jeopardy protection), that wouldn't be directly applicable in my alternative scenario because the offense tried the first time and the second would have exactly the same elements.

Recently, John has been involved in a substantial number of cases concerning employment law and pensions, concerning matters such as the closure of Defined Benefit schemes, and age discrimination issues.

However, where evidence discloses a strong prima facie case that Defendants perpetrated a premeditated, substantial fraudulent scheme against innocent victims, the law's reluctance to allow prejudgment execution must yield to the more important goal of ensuring that the civil justice system provides a just and enforceable remedy against such serious misconduct.

-- Whether the case is interprovincial or international in nature, and comity and the standards of jurisdiction, recognition and enforcement prevailing elsewhere are relevant considerations, not as independent factors having more or less equal weight with the others, but as general principles of private international law that bear upon the interpretation and application of the real and substantial connection test.

We have substantial experience successfully assisting individuals with personal injury claims, family law disputes, workers» compensation cases, and estate planning.

Thus, after rejecting the alleged infringement of art. 67 LRJCA by the judgment under appeal, the High Court to understand that it gave a succinct but substantial enough to arguments made in response instance, if it considers, however, an infringement of Art. 6.1 b) of Law 17/2001, of Trademarks, and the applicable case lLaw 17/2001, of Trademarks, and the applicable case lawlaw.

After several years, Johnnie entered private practice and founded a Los Angeles - based law firm where he developed a practice handling a substantial volume of both civil and criminal cases.

A substantial portion of the firm's practice is in defending serious criminal law cases.

With substantial experience handling wrongful death cases, the Chicago car accident attorneys with Staver Law Group represented her next of kin and secured a $ 100,000 settlement.

After several years, he entered private practice and founded a Los Angeles - based law firm where he developed a practice handling a substantial volume of both civil and criminal cases.

[11] The motion judge's assessment and application of real and substantial connection test in this case would lead to the surprising proposition that a Canadian corporation headquartered in Ontario can not use Ontario courts to enforce legal obligations owed to it under Ontario law by current and former senior officers who routinely traveled to Ontario on company business and who were in daily contact with the company in Ontario.

46 Lastly, in any event, the case - law shows that the importance of the objective of consumer protection, which therefore includes the protection of air passengers, may justify even substantial negative economic consequences for certain economic operators (Nelson and Others, paragraph 81, and case - law cited).

As a veteran attorney, Michael O'Meara has substantial experience with law enforcement's various DUI procedures to evaluate all the evidence in your case and build an effective defense, so you can fight to preserve your driver's license or have the criminal charges dismissed or reduced.

Defective Consumer Products cases require substantial resources of a law firm in order to battle these sometimes large corporations.

Our law firm invests substantial resources preparing all of our cases to be successful in trial.

The Court's discussion regarding real and substantial connection and forum non conveniens are both applicable in family law cases involving any type of jurisdictional issues.

Likely a substantial amount of that was case law, but still.

Jeff Blackwell focuses his law practice on cases involving severe personal injuries, substantial damages and wrongful death.

«It is the very well - established practice of this court, in a case where the conviction was entirely proper under the law as it stood at the time of trial, to grant leave to appeal against conviction out of time only where substantial injustice would otherwise be done to the defendant.»

After reviewing the case - law, the judge concluded that: • The changes proposed by the unit owner did in fact constitute additions, alterations and improvements to the common elements; • The board's decision to treat the proposed changes as substantial due to security concerns did not demonstrate any lack of good faith on the part of the board and did not constitute a breach of section 135 of the Act; • While the board's concerns about safety were reasonable, the board was not being reasonable in requiring a full - time security guard.

Privacy attorney Kirk Nahra offers an analysis of the New York state attorney general proposing updates to the state's data security laws and issuing a substantial financial penalty in a HIPAA violations case.

For example, if you were able to lead a particular in such a manner that your client won the case or if you had done something substantial for your law firm, then do not forget to mention it in your legal resume.

❖ Substantial knowledge of law enforcement policies and peace restoration protocols in case of dispute issued by and practiced in the state

• To attain a police officer position at the Department of Homeland Security where expertise in case detection, criminal report writing and witness interviewing could prove to be substantial in enforcing law and order in the vicinity, rendering the residents a secure community life.

PROFILE Member of the Bar of the Supreme Court of the United States and certified member of the Bar of the Florida Supreme Court Proven track record of effectively representing high profile and multi-million dollar cases, negotiating complex transactions, formulating and drafting contracts, policies and procedures Civil litigation with emphasis on contract and tort law, focusing on substantial commercial litigation with mat...

A presumption of continuity would require more than the non-claimant party simply being able to throw doubt on the case made by the claimants, but that the non-claimant would have to prove, on the balance of probabilities, that there has been a «substantial interruption'to the observance of law and custom by the claimants.