Sentences with phrase «under the statute at»

Not exact matches

One of the few escape clauses is a recession, which the statute defines as «a period of at least two consecutive quarters of negative growth in real gross domestic product as reported by Statistics Canada under the Statistics Act.»

In the event that we are not able to resolve a dispute, we each agree that any and all disputes, controversies, or claims arising under, arising out of, or relating in any way to this agreement, or the contractual relationship established by this agreement (whether in contract, tort, or under any statute, regulation, ordinance, or any other source of law) shall be resolved on an individual basis through binding arbitration administered by the American Arbitration Association, in accordance with the American Arbitration Association's rules for arbitration of consumer - related disputes (accessible at https://www.adr.org/aaa/faces/rules)(except that you may assert individual claims in small claims court, if your claims qualify).

Under Section 8-2-113 of the Colorado Revised Statutes, employers are not permitted to threaten, harass, or otherwise prevent a worker from engaging in another occupation or business venture at any time they see fit.

ATs work under the direction of physicians, as prescribed by state licensure statutes.

Under current law, the statute of limitations runs out at age 23.

At least not after the guidance the Supreme Court had handed down in the McDonnell case, which found the justices grappling with what counts as an «official act» under federal anti-bribery statute.

Taxpayers are at an extreme disadvantage under the statutes of this amendment and our leaders in NYS should take action and repeal the Triborough Amendment.

«Though he was gravely ill at the time, Tom wanted to move forward with the appeal not just to clear his name but to help others who may face similar charges and punishment stemming from the statute Mr. Libous was tried under.

Under the state law governing employment at California's public universities, neither statute nor precedent explicitly authorizes withdrawal of signatures.

If requested and taken immediately following a Pregnancy Disability Leave, a Postdoctoral Scholar eligible for FML under the FMLA / CFRA at the beginning of her Pregnancy Disability leave shall be granted the unused portion of FMLA / CFRA leave for Parental Leave purposes, up to a maximum of twelve (12) workweeks pursuant to statute in a calendar year.

These are the same subject areas and grades for which standards and assessments are required under the ESEA statute (with the exception of science standards and tests at 3 grade levels), but the rigor and quality of the standards and assessments are intended to be higher than those required under the ESEA statute.

Under less friendly questioning than earlier in the day, Deasy responded in detail to questions posed by Jim Finberg, attorney for the California Teachers Association (CTA) and the California Federation of Teachers (CFT), who attempted to chip away at the argument that the current tenure and dismissal statutes hurt students, and that removing ineffective teachers is quite possible now.

If the state has an UGMA (Uniform Gift to Minors) law, the account was probably opened under that — in which case, your wife became the custodian by statute at age 18 or 21.

13.4 If the the World Photography Organisation is in breach of any of its obligations under these Terms and Conditions or the Rules or under statute or common law, Your rights and remedies will be limited to the right (if any) to recover damages in an action at law and in no circumstances will You be entitled by reason of any such breach to enjoin or restrain the distribution, exhibition, broadcasting, advertising or exploitation of any photographs or any Entry

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.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

At least as of 2011, when regulations under the Information Technology Act related to privacy and data security were issued (some of the relevant statute sections and regulations are linked in this answer at Law.SE), there was no non-contractual right to have your data destroyed, although a terms of service for a site could give you that right contractuallAt least as of 2011, when regulations under the Information Technology Act related to privacy and data security were issued (some of the relevant statute sections and regulations are linked in this answer at Law.SE), there was no non-contractual right to have your data destroyed, although a terms of service for a site could give you that right contractuallat Law.SE), there was no non-contractual right to have your data destroyed, although a terms of service for a site could give you that right contractually.

I think this strange and troubling situation is at the root of all the dismay with these proceedings, and that Michael Schiavo's illegitimate status as guardian by operation of Florida law raises a claim under the 14th Amendment that ought to have been examined fully and ruled upon, and that there is at least an arguable claim of unconstitutionality of any «guardianship» statute that ignores such facts.

The court explained that, under the statute, it was uncontested that the plaintiff was engaging in recreational activity at the time of the accident.

Assume that Mr. Grutman's proposed test is as follows: «If the state long - arm statute is satisfied and defendant has engaged in purposeful conduct directed at the forum state out of which conduct the cause of action arises, and that conduct satisfies the minimum contacts under which substantial justice and fair play make it reasonable to hail defendant into court there, and the forum state has an interest in providing a forum to the plaintiff, then the forum has personal jurisdiction over the defendant for that cause of action.»

Judgments reported in 2017 include actions dismissed as statute barred, administrative dismissals by registrars, dismissals for failing to «show cause» at status hearings, dismissals under Rule 24, and decisions refusing to restore actions to the trial list.

For example, it seemed at ease with the idea that it is appropriate to look at the jurisprudence under collective bargaining statutes to ascertain the meaning of employment for the purpose of human rights law.

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

Also, under state statutes and local rules, most state courts can order parties to at least consider mediation or facilitated early settlement.

Under this broad view, unlawful act includes any act prohibited by law or statute, as an act that one is not at liberty to commit.

The CRA recently took the view that an adjustment under subsection 247 (2) can be made at any time, irrespective of whether the underlying transaction occurred in a statute - barred year.

Under Nevada Revised Statutes 484B.270, vehicles are required to give cyclists at least 3 feet of distance when passing a cyclist.

Proceedings under CSA 1991 are, by one definition at least (taken direct from two statutes, namely the Supreme Court Act 1981 and MFPA 1984), family proceedings.

To quote Alice Wooley's article: «A good argument is one based in existing precedent or statute, or plausible statutory or constitutional interpretation, and posting the sorts of facts that will arise under the law, should at least raise this chance of success to 30 or 40 %.»

Now, the Supreme Court's decline to review this holding establishes that, at least in the Seventh Circuit, employers do not have to provide significant additional leave following expiration under the FMLA because doing so would convert the ADA to a medical leave entitlement statute.

[5] During the first stage of the analysis, reviewing courts were charged with examining four factors: whether there was a privative, or conversely an appeal, clause in the decision maker's home statute; [6] whether the decision maker was relatively more expert than the reviewing court in respect of the decision under review; what the purpose of the statutory scheme and of the particular provision or provisions at issue was; and what the nature of the question in dispute was.

While a tribunal's substantive decision - making under its home statute may survive a judicial review merely by being reasonable, a tribunal must still be correct about questions of general law, and must still reach decisions on a foundation of procedural fairness; legislatures do not authorize tribunals to decide matters through unjust processes (Dunsmuir at 128 - 129).

Among other things, appellants contended at the trial that the Maryland statutes under which they were charged were contrary to the Fourteenth Amendment for the reasons stated at the outset of this opinion.

The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for — or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, chapter Y - 1 of the Revised Statutes of Canada, 1985, in respect of — an offence over which Canada has jurisdiction.

Under this statute, a person can only recover compensation from an accident if he or she is not more at fault for the crash than the others who are involved.

*** The listed limitations are for the general conviction expunction statute NCGS 15A - 145.5, there are other expunction statutes for people who were under the age of 18 or under 22 at the commission of certain drug offenses.

The bill, L.D. 327, would give families the opportunity to seek damages in probate court under wrongful death statutes if a fetus that is viable (i.e., has reached at least 24 weeks of age) dies as a result of someone else's negligence.

Depending on the nature of the harassment the conduct may also be in breach of the Ontario Human Rights Code or the Occupational Health and Safety Act placing the employee at liability under these statutes.

Once Fullilove is applied, as JUSTICE STEVENS points out, it follows that the statutes in question here (which are substantially better tailored to the harm being remedied than the statute endorsed in Fullilove, see ante, at 259 - 264 (STEVENS, J., dissenting)-RRB- pass muster under Fifth Amendment due process and Fourteenth Amendment equal protection.

The argument at the Supreme Court involves only one issue that concerns us and that is should a Plaintiff's lawyer be entitled to get the 40 % fees under the offer statute, which in this case totals around $ 43,000 or the $ 93,000 that hourly would have totaled.

Next the Court describes earlier decisions concerning the test for discrimination under human rights legislation as «common law elaborations of statute» (at para 50).

An Indiana dentist, under fire for allegedly over-billing Medicaid and over-treating patients, will not have to face a civil trial for at least three of those patients, after their Indiana medical malpractice claim was shot down for failing to comply with the statute of limitations.

It is important to note that even if you were partially at fault for the accident, your recovery will not be barred under Maine's comparative negligence statute.

This appeal was taken under 28 U.S.C. § 1254 (2), which provides this Court with appellate jurisdiction at the behest of a party relying on a state statute or local ordinance held unconstitutional by a court of appeals.

At the time the doctrine of judicial deference was first developed by the Court in the late 1970s and 1980s, the courts in the labour relations area, in particular, had a poor record of interfering with the sensible development of labour relations policy by labour relations boards and arbitrators under collective bargaining statutes.

However, the use of the expressions «at will» and «a right to terminate» must not obscure the reality that the employer's right to terminate an employee without cause is a breach of contract that carries with it consequences for the employer, both under statute and at common law.

Justice Côté noted that while it was possible that under British Columbia's parallel legislation «privilege of the law of evidence» could include solicitor - client privilege, the differing statutory contexts meant that interpretation could not be «imported into the Alberta statute with equivalent effect» (at para 65).

181 (1) If, at the time section 99 comes into force, the corporation has entered into an insurance policy under section 27 of the Condominium Act, being chapter C. 26 of the Revised Statutes of Ontario, 1990, that has not expired, section 99 does not apply and section 27 of that Act, as it existed immediately before the coming into force of section 184, continues to apply.

Under this statute, the duty of the landowner depends upon the status of the injured party: whether a trespasser, a licensee (for example, social guests at your house) or an invitee (a person on the property for the purpose of conducting business, like a customer in a store).

Bankruptcy petitions — individual voluntary arrangement — setting aside judgment for fraud — estoppel — HMRC's duty of care towards taxpayer under statute and at common law in assessing tax — misfeasance in public office.