Sentences with phrase «under the statute»

Here's some good news for people with old, unpaid debt: your debt may have already expired under the statute of limitations!
Now, I think states can kill the law if they refuse — which is their right under the statute.
Sometimes claims under this statute are filed in lawsuits because the particular conduct would not satisfy the strict legal requirements for a fraud claim.
If an accident does not happen due to either negligence or an intentional act, there is no available legal action under the statute.
Credit card debt that expires under the statute of limitations is also known as «time - barred» debt.
My question was a challenge to your assertion that the verbal harassment falls under the statute, with which I disagree.
In some states, parents may recover under a statute which expressly sanctions such damages.
The only way to determine whether your case presents circumstances for a possible award under the statute is to talk with an experienced car accident compensation lawyer.
(b) This section does not affect a landlord's right to assess a charge or obtain a remedy allowed under a statute or common law.
There is no additional requirement under the statute to prove that police are protecting a public work.
The contract expressly provided that this exhaustive list would satisfy all claims and demands that could arise under statute or at common law as a result of her termination from employment.
However, even though this may sound simple, there are complex issues regarding who can recover under the statute, and whether homeowner's or renter's insurance will cover the loss.
The definition of goods under the statute includes all property other than things in action, money and land.
You can ask for a review of your license suspension, but a hearing officer will be looking at certain factors under the statute at the review hearing.
White people and christians are just as protected under the statute as anyone else, don't be a tool.
Someone wishing to be added to the electoral roll in order to vote must personally sign the form prescribed under that statute (s. 98 (2)(b)-RRB-.
The definition of «employee» under the statute now includes dependent contractors who only work for one employer.
The pervasive restraint on freedom of discussion by the practice of the authorities under the statute is not any less effective than a statute expressly permitting such selective enforcement.
In order to meet the deadline under the statute of limitations, it is necessary for the parties to resolve the claim within two years from the date of injury or death.
But significantly, as indicated, «the same secretary of state has a deciding and directing role to play under both statutes».
The court agreed with the state and said that if the provisions under the statute or rules or there is a contract between the parties then right to claim pension is available to employees.
If the complaint does not contain a ground for divorce recognized under the statute, the divorce will not be granted.
Under statutes of limitations, claimants have a fixed period of time after they discovered the harm done to them in which to file their claims.
It complained that because FIPPA applied to these tribunals, the public presumptively had to file access to information requests under that statute in order to access the adjudicative records of the tribunals.
It's another level of indirection that allows convictions under the statute even if the jury finds that there is no actual intention.
Fifth, and most important to the case before us, the full range of mitigated, presumptive and aggravated sentencing remains available under the statute if based on constitutionally - permissible facts, in accordance with Blakely.
The UK Information Commissioner was aware of Holland's request, commenting that it would be «impossible» to contemplate «more cogent prima facie evidence» of a section 77 offence than Jones» email (while also regretting that poor wording of the legislation meant that the prosecution was time barred under the statute of limitations before the incident had been brought to light.)
The Crown Prosecution Services» designated case workers (DCWs)-- controversially awarded more power under statute this month — have been renamed associate prosecutors.
In order to secure a conviction in federal court under that statute, federal prosecutors must prove, beyond a reasonable doubt, that the accused did knowingly associate with a criminal venture and intended on the venture being a success.
There has also been significant legal comment on the fact that both the Secretary - General of the U.N. and the Attorney - General of the U.K. considered the invasion of Iraq to violate Article 2 (4) of the UN Charter, potentially giving liability under the statute.
Better to amend the Clean Air Act to disqualify greenhouse gases from regulation under that statute, he says.
There are roughly twenty - two state real estate statutes that contain language expressly permitting a real estate broker to treat their real estate salespeople as independent contractors while simultaneously exercising their mandatory supervisory duties under the statute.
«It suffices that the new policy is permissible under the statute, that there are good reasons for it, and that the agency believes it to be better, which the conscious change of course adequately indicates,» says the majority opinion penned by Justice Antonin Scalia.
Since that time, the Ontario government changed the Securities Act to state that a notice of motion is all that must be filed within three years under the statute, rather than being granted leave within that period, for an action to be permitted to continue.)
In 2009, when the E.P.A. first exerted its authority to rein in carbon dioxide, I wrote a post that in part looked back at Scalia's skepticism about this gas fitting under a statute created to cut eye - stinging, lung - searing smog.
Collaborative divorce is defined in Florida law under Statutes 61.55 — 61.58.
Florida Statute 627.737 relates to insurance policies (called contracts under the statute) and car accidents, and other motor vehicle accidents, that occur in the State of Florida.
As explained previously, the arbitrary and outdated concept of reserved legal activity co-exists alongside other areas of legal activity separately regulated under statute and those which fall within the regulatory net by virtue of the person carrying them happening to be regulated.
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