Sentences with phrase «than the court imposing»

After reviewing the programmatic changes made for ELL students in Nogales, the Court reached the conclusion that «the weight of research suggests these types of local reforms, much more than court imposed funding mandates, lead to improved educational opportunities.»

Not exact matches

Companies including (tmus) T - Mobile US Inc, Amazon (amzn) Inc and Cox Communications Inc imposed age limits on who could see recruitment ads, limiting some only to people younger than 38, according to the lawsuit, filed in federal court in San Francisco by the Communications Workers of America.
The Court was less than clear about the precise contours of the «high duty» it imposed on other government officials.
From the bad man's standpoint, obligations imposed by legislation or court decisions are no more deserving of respect than those imposed by a robber at gunpoint.
Might it be that those who picture God as living are less likely to try to impose moral choices by law and to leave moral judgment to heaven rather than the courts?
But research has shown that even «parallel parenting» — where the parents largely make parenting decisions separately, communicating and collaborating only on selected issues that require this — is better than the routine «parentectomy» that our family courts impose when the parents can't agree on a shared parenting plan.
Under the current system only a court can impose a penalty of more than three points for a speeding offence.
In the court documents, prosecutors said that a range of 22 to 27 years in prison would not be «unreasonable» and asked the federal judge to impose prison time «greater than any sentence imposed on other New York state legislators convicted of public corruption offenses.»
However, legal experts point to an earlier appellate court decision in 2003 on the Suffolk Ethics Commission that found a county can impose more stringent ethics regulations than those required by state law.
Acting Supreme Court justice Richard Sise found Scavo «failed to show that the challenged residency requirement imposes anything more than reasonable, nondiscriminatory restrictions.»
Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation.
After more than a year of inaction, Boston educational and political leaders, led by Mayor Raymond L. Flynn, are moving toward developing a new student - assignment plan to replace the controversial system imposed by a federal - court order in the 1970's.
The Court found that the «weight of the research» indicated that structural, curricular and accountability - based reforms, «much more than court - imposed funding mandates, lead to improved educational opportunities.&rCourt found that the «weight of the research» indicated that structural, curricular and accountability - based reforms, «much more than court - imposed funding mandates, lead to improved educational opportunities.&rcourt - imposed funding mandates, lead to improved educational opportunities.»
Debts that won't be wiped out with bankruptcy include alimony payments, child support payments, court - imposed fines and student loans taken out less than seven years ago.
However, under Canadian law, certain debts remain even in Bankruptcy: student loans less than seven years old, spousal or child support, alimony, debt arising from fraud, restitution orders and any court imposed fines.
In addition, alimony and child support payments, any court imposed fines, debt payments due to fraudulent activity, or student loans less than 7 years old remain your responsibility.
The bill would also have required a court to impose a term of basic probation supervision or a term of intensive probation supervision on an offender who violates one of the prohibitions against committing cruelty to a companion animal (knowingly torturing, tormenting, needlessly mutilating or maiming, cruelly beating, poisoning, needlessly killing, or committing an act of cruelty against a companion animal) more than once.
Hotel Mandatory hotel imposed resort fee inclusions: • Resort fee of $ 15.00 per room / night (plus 6.5 % sales tax) covers • wireless Internet connectivity in sleeping rooms and most public areas of the resort, • use of fitness center and DVD library, • daily newspaper, • two (2) bottles of water in your guest room, • local and toll - free phone calls, • and use of tennis courts, bocce ball, shuffleboard and horseshoes at nearby (less than half - mile) Oceans Racquet & Recreation Center • Resort fee of $ 15.00 per room / night (plus 6.5 % sales tax) covers • wireless Internet connectivity in sleeping rooms and most public areas of the resort, • use of fitness center and DVD library, • daily newspaper, • two (2) bottles of water in your guest room, • local and toll - free phone calls, • and use of tennis courts, bocce ball, shuffleboard and horseshoes at nearby (less than half - mile) Oceans Racquet & Recreation Center The above list may not be comprehensive.
... [T] he public perception of the bar would be gravely damaged if this court were to impose a sanction less than the generally applicable one of disbarment.»
Liebowitz also argued that the sanction was «wholly punitive in nature,» violating Supreme Court precedent that requires sanctions imposed by a judge's inherent authority to be compensatory rather than punitive in nature.
The Court: But it is well understood also that when the Crown sets out a penalty as being an appropriate one, it's pretty rare for a judge to impose a higher penalty than what the Crown submits is appropriate, given that the Crown is making submissions based on caselaw.
«What's unique about this is that, rather than forcing a party to apply for the matter to be broadcast, it's presumptively assumed that it will be broadcast,» he says, «and it's for the other parties to satisfy the court as to why it should not be broadcast or why certain limitations should be imposed
Khawaja, an Ottawa software developer, was appealing his conviction while the Crown cross-appealead, asking the court to impose a life sentence rather than the 10-1/2 years imposed by trial judge Justice Douglas J. A. Rutherford of the Superior Court of Justice on Oct. 24, court to impose a life sentence rather than the 10-1/2 years imposed by trial judge Justice Douglas J. A. Rutherford of the Superior Court of Justice on Oct. 24, Court of Justice on Oct. 24, 2006.
Negotiated resolutions are always better for our clients than court - imposed decisions.
Rather than the old rallying cry, «no means no», our Supreme Court has now imposed a «yes means no» in cases where consenting adults have pre-scripted sexual fantasies that include unconsciousness.
The Supreme Court of Canada has dismissed an appeal from the Crown questioning a judge's decision not to impose a fine on a fraudster who bilked Canada Customs of more than $ 4.7 million because she believed he wouldn't pay it.
While the action for damages had been initially conceived to protect those having a subjective right to be enforced before national courts, a reasonable solution in the present situation could be that the party who had drawn a benefit from the implementing act contrary to EU law now would be required to carry the burden of undertaking the necessary steps of an action for damages against the Member State; this would appear more justified than to impose said burden on the party who possesses a right created through the concretisation of the content of a principle (para 79).
General Rules Operationally, the limitations imposed by the court rules of the court where a lawsuit is pending governing subpoenas (Federal Rule of Civil Procedure 45 in federal civil lawsuits and similar rules in most state court sytems) are more restrictive than the limitations imposed on jurisdiction in civil lawsuits generally by the due process...
If the Supreme Court decides in Rita that the focal point of the analysis is the correspondence between the sentence imposed and the parsimony provision, and that the Guidelines are no more important than any other 3553 (a) factor, then the loss of Claiborne wouldn't seem to do much.
However, the authors understand that the jail sentences imposed by the court were not more than the penalty sought by the Crown.
(6) Where a local authority refuse an application for a licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the licence; and the applicant or holder may appeal to a magistrates» court or, in Scotland, the sheriff, against the refusal, revocation or variation, and against any condition subject to which the licence is granted or any approval is given, not being a condition which the local authority are required to impose.
Further, if the concept which the phrase reflected was of the court being satisfied or as satisfied as it could be having regard to the limitations which an interlocutory process imposed that factors existed which allowed the court to take jurisdiction, it ought ordinarily to require that, when the court looked at the material, it found the points in favour of the ground for jurisdiction alleged to be more than just evenly balanced by those which pointed the other way.
The township asserts that the author of daTruthSquad is none other than Moskovitz himself and that by writing the blog he has violated a gag order the court imposed on the parties to the case.
The Minister's interpretation of subsection 231.1 (1) imposes a much broader form of examination for discovery than allowed before the Tax Court without any of the procedural safeguards.
But in addition to relying on Bio-Rad's waiver, late filing, and ignoring its order, the court found that California law on privileged and protected attorney - client material is preempted by Sarbanes - Oxley to the extent California imposes stricter limits than SOX.
In this case, the Court of Appeal upheld the decision of a sentencing judge to reject a joint submission for a two year sentence for an accused convicted of impaired driving causing death and upheld the sentence imposed of two years and eight months; noting, however, that a sentence of no less than four years ought to have been imposed: R v Gibson, 2015 ABCA 41 (CanLII).
On that basis, the court imposed a 45 - day jail sentence and required the supervisor to serve the sentence all at once rather than intermittently over a series of weekends.
The [Enron] Task Force says the district court was prohibited from considering the sentence imposed on former Enron CAO Richard Causey because the Guidelines and sentencing statutes concern «nationwide» disparities rather than those among co-defendants.
where the children will primarily live, how often each parent will see the children, what schools and extra-curricular activities the children will attend, etc.) can often be more flexible and beneficial to the children than decisions imposed by the Court or a private arbitrator;
This case presents the following issue: Does the Court of Appeal lack jurisdiction over an appeal from an order imposing sanctions on an attorney if the notice of appeal is brought in the name of the client rather than in the name of the attorney?
Crown counsel asked the Supreme Court justice to impose more than a year of actual imprisonment, citing the quantity, type and amount of drugs, as well as the inter-provincial trafficking component, all as aggravating features.
Also, the post-9-11 experience has been that, contrary to common belief, civilian courts are actually a faster way of resolving cases of non-uniformed persons who commit violent, war - like acts than military tribunals and impose penalties that are just as harsh as those imposed by military tribunals.
The Court of Appeal concluded that the legislature, by including in the Act's definition of «owner» one who «possesses» and «harbours» a dog, intended to impose liability on those with less - than - full rights over a dog.
This question is not resolved by the court in this case, and it appears that at least for the time being, the prosecution will be subject to a lower standard of disclosure in quasi-criminal proceedings than in criminal proceedings, notwithstanding that proceedings under each regime may impose similar if not identical punishments on those convicted.
As the name of my firm says, here at Russell Alexander Collaborative Family Lawyers we practice what is known as «Collaborative Family Law», which is a voluntary, contract - based Alternative Dispute Resolution (ADR) process for those seeking to negotiate a resolution of their Family Law dispute, rather than having one imposed on them by a court or an arbitrator.
«To have imposed a sentence of less than six months» imprisonment would have involved reducing the sentence... [in such a way that it] would have resulted in a demonstrably unfit sentence for a «significant sexual assault» involving anal penetration» the Court held.
718.2 A court that imposes a sentence shall also take into consideration the following principles:... (e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.
He said the court clearly thought it needed to send a message to Ottawa that it should seek to engage in «co-operative federalism» with the provinces, and negotiate a new regulator rather than impose one.
The court thought that the risk to an egg - allergic guest was «not any greater than at any other gathering of comparable size» and of itself «insufficient» to impose liability [23].
However, the court imposed a sentence based on the premise that the violation had occurred for more than one day.
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