BUFFALO — New York state is
under another court order preventing it from taxing cigarettes sold by Seneca Indian Nation retailers to the general public at reservation stores.
Not exact matches
The government says over time some actions have been taken by the communities
under state pressure to end the discrimination but that federal authorities are seeking a
court order to
prevent future discrimination by the defendants.
Since the Supreme
Court has now
prevented itself from acknowledging the question of whether Barack H. Obama is or is not an Article II «natural born citizen» based on the Kenyan / British citizenship of Barack Obama's father at the time of his birth (irrespective of whether Barack Obama is deemed a «citizen» born in Hawaii or otherwise) as a prerequisite to qualifying to serve as President of the United States
under the Constitution — the
Court having done so at least three times and counting, first before the Nov 4 general election and twice before the Dec 15 vote of the College of Electors — it would seem appropriate, if not necessary, for all Executive Branch departments and agencies to secure advance formal advice from the United States Department of Justice Office of Legal Counsel as to how to respond to expected inquiries from federal employees who are pledged to «support and defend the Constitution of the United States» as to whether they are governed by laws, regulations,
orders and directives issued
under Mr. Obama during such periods that said employees, by the weight of existing legal authority and prior to a decision by the Supreme
Court, believe in good faith that Mr. Obama is not an Article II «natural born citizen».
Under the proposed measure, family members or law enforcement could petition a
court for «Extreme Risk Protection
Orders,» which, if granted, would allow officers to temporarily confiscate firearms and
prevent the purchase of additional weapons by those deemed at risk of causing harm to themselves or others.
Such provisions must be formulated in terms that are clear, precise and stringent, both in
order to enable people to understand the consequences of their actions
under criminal law and also in
order to
prevent arbitrariness when applied by the
courts.»
It is suggested that the agreement will be legally binding
under s 9 (1) and (2) of the Child Support Act 1991 and its existence will entitle the
court to make an
order under s 4 (10) which will have the effect of
preventing any further child support calculation for 12 months.
Unfortunately, the
Court's ruling is quite brief on this issue; it merely states that the possibility to
order an injunction
under Article 12 (3) E-Commerce Directive would «[c] onsequently» not
prevent the person requesting an injunction to also ask for the reimbursement of the costs mentioned above (para. 78).
In a bankruptcy, insolvency practitioners» powers include the
court - sanctioned ability to: interview
under compulsion; search and seize property associated with fraud; obtain freezing
orders on assets; overturn transfers of assets to third parties; obtain passport
orders to
prevent bankrupts from leaving the country; and
order the delivery up of records.
The legal question in a recent case called Lawrence v Bassett was a straightforward one:
Under the Ontario Family Law Act, is a
court authorized to grant a Restraining
Order preventing someone posting scandalous details about their Ex on the internet?
Nothing in KRS 432.230 to 432.270 shall
prevent any
court or judge from proceeding against any person writing or publishing a libel or slanderous words concerning such
court or judge in relation to his judicial conduct in
court by indictment, nor
prevent any
court from punishing any person guilty of a contempt in resisting or disobeying any judicial
order or process issued by or
under the authority of such
court.»
According to that Supreme
Court opinion, when Haden failed to supersede the judgment against him and his business on Sacks» breach - of - contract claim, Sacks and the firm incurred considerable expense to secure a turnover
order under Texas Civil Practice & Remedies Code § 31.002 (e), have a receiver appointed to
prevent prejudgment transfer of Haden's assets and seek dismissal of Haden's bankruptcy filings.
(6) In any proceeding
under this section, the
court may not deny shared parental responsibility and time - sharing rights to a parent solely because that parent is or is believed to be infected with human immunodeficiency virus, but the
court may, in an
order approving the parenting plan, require that parent to observe measures approved by the Centers for Disease Control and Prevention of the United States Public Health Service or by the Department of Health for
preventing the spread of human immunodeficiency virus to the child.
(3) If the
court enters an
order under paragraph (1)(a) or paragraph (1)(b) to
prevent the removal of the child from this state or country, the
order may include one or more of the following:
(ii) if the de facto relationship has broken down — sections 90SB, 90SD and 90SK do not
prevent a
court from making an
order or declaration
under this Part in relation to the eligible agreed matters; and
(i) if the de facto relationship has not broken down — sections 90SB, 90SD and 90SK would not
prevent a
court from making an
order or declaration
under this Part in relation to the eligible agreed matters if the de facto relationship were to break down; or
(2) The making of an
order of a kind referred to in paragraph (1)(ba), or of any other
order under this Part, in relation to the maintenance of a party to a marriage does not
prevent a
court from making a subsequent
order in relation to the maintenance of the party.
(2) The making of an
order of a kind referred to in paragraph (1)(c), or of any other
order under this Division, in relation to the maintenance of a child does not
prevent a
court from making a subsequent
order in relation to the maintenance of the child.