Sentences with phrase «under the law of the state where»

Persons must be at least 18 - years - old, or otherwise have reached the age of majority under the laws of the state where they reside, in order to participate.

When your son turned age 18 in May 2017, he became emancipated under the law of the state where he lives.

Not exact matches

By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the United States, where you may not have the same rights and protections as you do under local law.

The page for each state where payday lending is legal gives the key cost of loan terms under state law.

This exemption provides that any issue of securities offered only to investors residing within one state, where the issuer is a resident of the same state, is exempt from registration under the federal securities laws.

@KatMat: your analogy would begin approaching realism if: — during the pledge of allegiance kids were forced to say «one nation under The Orioles» — our nation's currency said «In Dallas Cowboys We Trust» — if millions were slaughtered, tortured and burned to death because they weren't fans of The Pittsburgh Penguins — if NASCAR fans endlessly attempted to have Intelligent Car Driving taught beside Evolution in science class as a possible explanation for how mankind developed — if «the 5 D's» of Dodgeball (Dodge, Duck, Dip, Dive, Dodge) were constantly attempted to be made into law so everyone would live by the same ridiculous notions, even if those notions knowingly discriminate — if nutters constantly claimed America was founded on the principles of Darts, even though our country SPECIFICALLY calls for a separation between Darts and State because the founders knew the inherent dangers of Darts becoming government instead of staying in the realm of sport where it belongs

Listen I keep seeing bumper stickers like «you can't be both Catholic and pro-choice» these are not reflective of my faith, theser are slogans made for propaganda, I have 2 beautiful children and I have never been on a position where abortion could even play a part, but it is a legal option to the public at large; this being said even the bible calls for us to be good citizens, and to obey the law, I believe that this is a matter that belongs with the family and not the state; no matter how we criminalize abortion, they will not stop, but people will go under - ground and more fatalities will occur, I rather see the government placing incentives on more conseling for these expectant mothers and more outreach done at church levels, to reduce the debate to a single slogan is dangerous and will not accomplish the ultimately goal of preventing abortions my two humble cents

These businesses are required to choose between becoming a Signatory to the Covenant, or meet individual compliance obligations under the NEPM that are implemented by the laws and other arrangements of participating states and territories where a business sells or distributes its products.

Many employers in these states, as well as in others where this sort of open sale and use is still against the law, simply decided to turn a blind eye to marijuana testing, opting instead for clear clauses in contracts that stipulate that employees may not show up for work under the influence.

Where a couple used a known donor, issues about the donor's parental status have arisen not only under New York's law, but also in other states as well, reinforcing the importance of second parent adoptions to forestall conflicts that could arise in other jurisdictions.

Most recently, this focus on secrecy was shown in the extraordinary efforts of the governor's aides to shield some of his records from public scrutiny in the State Archives, where a top Cuomo lieutenant spent nearly eight hours screening documents from Cuomo's years as attorney general that were sought by the Times Union under the Freedom of Information Law.

«What I've asked the commissioner of health to do is to issue a standing order, which is in his right under New York State law where he can issue this standing order and allow people essentially to purchase Naloxone over the counter at their local pharmacy.»

Under state law, waivers can be granted only when there is «an urgent need... as the result of an unplanned, unpredictable, and unexpected vacancy where sufficient time is not available to recruit a qualified individual.»

Under state law, the next attorney general will be picked by the combined houses of the New York state Legislature — 150 members of the Assembly and 63 in the state Senate, where Schneiderman previously served.

David says under the new law, the Regents can only allow a delay in special cases, where it would be a «hardship» for the schools to meet the deadline, but can't just wholesale authorize a later compliance date for most of the schools in the state.

Within this perspective, Paul Weis describes refugees as «a vessel on the open sea, not sailing under any flag ’23 while Hannah Arendt observed that refugees are without rights because each nation - state has primary obligation to protect the rights, interests and expectations of its own citizens first, no matter where they are.24 However, both international and national refugee laws are adopted with the sole aim to ensure entitlement of the basic rights, proclaimed under a range of human rights conventions.25 Under these conventions, respect for human dignity of each and every human person is underlined as a foundation to freedom, justice and punder any flag ’23 while Hannah Arendt observed that refugees are without rights because each nation - state has primary obligation to protect the rights, interests and expectations of its own citizens first, no matter where they are.24 However, both international and national refugee laws are adopted with the sole aim to ensure entitlement of the basic rights, proclaimed under a range of human rights conventions.25 Under these conventions, respect for human dignity of each and every human person is underlined as a foundation to freedom, justice and punder a range of human rights conventions.25 Under these conventions, respect for human dignity of each and every human person is underlined as a foundation to freedom, justice and pUnder these conventions, respect for human dignity of each and every human person is underlined as a foundation to freedom, justice and peace.

32 The New Hampshire Supreme Court likewise rejected the standing of petitioners challenging the state's scholarship tax credit law, ruling that they could not demonstrate any harm.33 The following year, citing the decisions in Arizona and New Hampshire, the Alabama Supreme Court also held that a «tax credit to a parent or a corporation... can not be construed as an «appropriation»» but rather such funds retain their status as private funds until they enter the public treasury.34 That view seems to be the prevailing one in courts, so with the possible exception of Michigan, where the state constitution explicitly prohibits tax benefits for religious education, tax credits should survive scrutiny under such provisions.

Under the law, states must intervene in the lowest - performing 5 % of schools, as well as schools with the lowest graduation rates and those where specific groups of students consistently underperform.

(A) designate a State agency as the sole State agency to administer the plan, or to supervise its administration by a local agency, except that (i) where under the State's law the State agency for the blind or other agency which provides assistance or services to the adult blind, is authorized to * provide vocational REHABILITATION services to such individuals, such agency may be designated as the sole State agency to administer the part of the plan * under which vocational REHABILITATION services are provided for the blind (or to supervise the administration of such part by a local agency) and a separate State agency may be designated as the sole State agency with respect to the rest of the State plan, and (ii) the Secretary, upon the request of a State, may authorize such agency to share funding and administrative responsibility with another agency of the State or with a local agency in order to permit such agencies to carry out a joint program to provide services to handicapped individuals, and may waive compliance with respect to vocational * REHABILITATION services furnished under such programs with the requirement of clause (4) of this subsection that the plan be in effect in all political subdivisions of that State;

In AGENCY states where the mortgage broker is an AGENT of the borrower AND the mortgage broker owes the borrower a FIDUCIARY DUTY under State Law, exclusive representation is a compensable service that is separate and distinct from «loan origination».

whether the consumer credit transaction or other transaction is made under the provisions of the National Housing Act, or where the creditor is exempt from licensing under this chapter, (ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction is by a trust institution as defined in Section 5 - 12A - 1 (1), in its capacity as a fiduciary under any plan or agreement qualified under 26 USC 401 (a) or defined by 5 USC 8437, 26 USC 403 (b), or 26 USC 457, or a trust exempt under 26 USC 501, or (iv) to any municipal pension system created under the laws of the State of Alabama.

(e) This section is intended to confirm and clarify existing law that none of the provisions of this chapter, other than the provisions of subdivision (1) of Section 5 -19-1 and Section 5 -19-3, apply to any transaction that is not a consumer transaction, or, where provided in subsection (a) to any transaction involving an interest in real property, whether or not a consumer transaction, to any transaction of a trust institution described in subsection (a), or to any municipal pension system created under the laws of the State of Alabama described in subsection (a).

Where is my copy of the «Consumer Credit File Rights under State and Federal Law?»

Originally introduced by Representatives Jared Polis (D - CO), Thomas Massie (R - KY) and Earl Blumenauer (D - OR), the amendment allows State Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oilseed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under stateState Agriculture Departments, colleges and universities to grow hemp, defined as the non-drug oilseed and fiber varieties of Cannabis, for academic or agricultural research purposes, but it applies only to states where industrial hemp farming is already legal under statestate law.

In cases where Member States do not respect their obligations under EU law, the Commission can take legal action against them in the form of infringement proceedings before the Court of Justice under Article 258 TFEU.

The order contained three questions: (i) whether Article 4a (1) FD must be interpreted as prohibiting Member States from making the execution of an EAW subject to the possibility of retrial in cases where a conviction has been rendered in absentia; (ii) whether Article 4a (1) FD is valid in light of Articles 47 and 48 of the EU Charter of Fundamental Rights; and (iii) whether, under Article 53 of the Charter, it can grant a higher level of protection than that provided for under EU law.

However, a situation where national law enables national companies to convert, but it does not allow companies incorporated under the law of another Member State to do so, falls within the scope of the provisions of the TFEU regarding the freedom of establishment (par.

In a nutshell, the controversy concerned the Commission's position that there is (illegal) State aid where the legal form and status of EICCs shield them from general rules on bankruptcy and winding up under the relevant national legislation (in the case, French law).

A non-domestic award is further one where the award is made in the enforcing state under the laws of another state or because the arbitration contains a foreign element.

[Where state trooper took affirmative action of allowing police dog to be off leash, there is no immunity from suit; actions for personal injury caused by police dog will be analyzed under the dog bite common law, whether the owner of the dog knew or should have known of the dog's vicious propensities, as the Massachusetts Tort Claims Act does not permit actions under strict liability.]

«(C) any charge in a criminal prosecution brought under State law if the conduct underlying the charge would constitute a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted.».

Because Sacramento is the state capital of California we had a very robust and well - thought - through field placement program where students would have the opportunity to extern in either state government or regulatory agencies or otherwise in what I call the hub - and - spoke model where they would go out into their field placement, come back into a hub, discuss, process, analyze under supervision either the ethical issues they were facing in those environments or other practice issues, and I think that helps prepare them for the transition into life beyond law school as well as allowing them to create the opportunities to meet people in those working environments, understand what it meant beyond the law school to be in that working environment, beyond just a kind of summer type of experience.

124] It is not entirely clear what situations fall under the second situation, but it seems that Bot has in mind those situations where EU law allows the Member States discretion in implementing, and where implementation can be realised with both respecting national rights standards as well as the effectiveness of EU law.

122 State law allowing issuance of a ne exeat order under particular circumstances could also provide a basis for a good problem — for example, whether in the course of a contested divorce, one parent should be allowed to take the children with her to another country where the parent has a temporary work posting like a sabbatical or visitorship.

Civil lawsuit trials can be conducted in a state other than the state where the breach of contract or tort giving rise to the lawsuit took place for jurisdictional purposes and not infrequently is brought in another state, although constitutional choice of law rules limit the circumstances under which a particular state's laws can be applied to a particular set of circumstances in a lawsuit.)

The statute does not directly address the matter of co-ownership where the owners are residence of different states, but under a literal reading of § 102 the fact of it being registered to a Michigan co-owner should suffice to be in compliance with the law.

This means that, where a (private or State) measure is suitable to achieve the EU's environmental policy objectives, and there is no way of achieving these objectives that is less restrictive of competition, the measure should be allowed under EU competition law.

Except in cases affecting the personal status of the plaintiff, and cases in which that mode of service may be considered to have been assented to in advance, as hereinafter mentioned, the substituted service of process by publication, allowed by the law of Oregon and by similar laws in other States, where actions are brought against non-residents, is effectual only where, in connection with process against the person for commencing the action, property in the State is brought under the control of the court, and subjected to its disposition by process adapted to that purpose, or where the judgment is sought as a means of reaching such property or affecting some interest therein; in other words, where the action is in the nature of a proceeding in rem.

Its relevance may arise where for instance under the law of state A the holder of PR could act alone whereas under the law of state B he must act in conjunction with another.

Thus, for instance, in two resolutions on Somalia, where a civil strife was under way, the Security Council unanimously condemned breaches of humanitarian law and stated that the authors of such breaches or those who had ordered their commission would be held «individually responsible» for them.

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

However, one may question whether the EFTA Court is not going very far here in reviewing the appropriateness of domestic judicial decisions in a field where EEA law expressly gives discretion to EEA EFTA States — in deliberate contrast to the constraints imposed on EU Member States under the preliminary reference procedure.

The cases include some interesting issues, such as the constitutionality of requiring voters to show a photo ID before they may vote; the constitutionality of execution by lethal injection where the procedure poses a risk of pain and suffering in violation of the Eighth Amendment ban on «cruel and unusual punishment»; and a Fourth Amendment case involving an unlawful search under state law that Volokh conspirator and Fourth Amendment guru Orin Kerr is interested in.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

However, Article 5 (2) proceeds to allow Member States to carve out an exception under national law where sex is a «determining factor in the assessment of risk based on relevant and accurate actuarial data.»

the settlement agreement is null and void, inoperative or incapable of being performed under the law to which the agreement is subjected; or failing any indication thereof, under the law deemed applicable by the competent authority of the Contracting State where the agreement is sought to be applied, or the obligations in the settlement agreement have been performed;

But taxpayers are left wondering whether this powerful check on what otherwise might be arbitrary or capricious assessments is effectively abandoned where that state turns to a third - party, operating without transparency and on a contingent - fee basis, to pursue assessments under a highly technical area of the law (i.e., transfer pricing) with which the state department of revenue may, itself, have only limited experience.

For this reason, the lawmakers in the state have enacted a strict set of laws governing situations where drivers get behind the wheel when they are under the influence of drugs or alcohol.

Where an international obligation does exist, whether under a treaty or a rule of customary international law, a State is barred from invoking its internal law including its constitution.

He proposes three alternative views one might take of the nature of the «rights» accorded to investors under investment treaties: that they are «direct rights», similar to those found in the regime of human rights (p 622 - 623); «third party rights», akin to those accorded by treaty parties to third states under Article 36 of the Vienna Convention on the Law of Treaties (p 624); or «delegated rights», where the individual is an agent exercising rights that belong to their home State (p 625).