Sentences with phrase «under the statute if»

... It is well established that plaintiffs can only bring claims under a statute if they have a private right of action under the statute.

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.

Rule 506 (c) offers a safe harbor under the statute if you comply with all requirements and don't use a general solicitation.

Not exact matches

«There are a number of states, though, that even if the data is encrypted, under the terms of the statute, you have to provide notice to the consumers and perhaps to the attorney general and that's the kind of thing that could spark an investigation,» he said.

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).

Now, I think states can kill the law if they refuse — which is their right under the statute.

Under previous law, as interpreted by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., the statute of limitations on such suits ran out 180 days after the alleged discrimination occurred, even if the victims never knew about it.

In the event you fail to pay for the access granted (if applicable), and / or share the access granted with any person or entity, or misuse the Service by any means actionable under a federal, state, or local statute, code, regulation, law, and / or civil action, we will consider your access as having been acquired by fraud or misrepresentation and will terminate your access.

Under this statute, a county / state prosecutor would be authorized to pursue a charge for a violation of the statute if, and only if, he has enough evidence to do so and the US government declines to pursue deportation.

If resisted by the Lords such a bill would need to be passed under the Parliament Acts, meaning it could take two years to reach the statute book (assuming Commons approval).

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

It's another level of indirection that allows convictions under the statute even if the jury finds that there is no actual intention.

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.

26.1 Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any Dispute arising out of or related to the Services or this Agreement must be filed within six (6) months after the date in which the incident giving rise to the Dispute occurred; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control.

If a child - study team denies a student with a disability the opportunity to exercise choice, that team is violating the student's rights, which are protected under multiple federal and state statutes.

A school is ineligible to apply if it is under investigation for violating special - education statutes or has failed to resolve a civil rights complaint.

Any criminal act committed in another state or under federal law which, if committed in this state, constitutes an offense prohibited under any statute listed in subsection (1) or subsection (2).

Duties that the statute applies to the execution of that power if a district chooses to implement an authorized power that is optional under the terms of the statute; and

(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

Payments you receive as workers» compensation for an occupational sickness or injury are fully tax - exempt if they are paid under a workers» compensation act or statute.

If a debt collection agency threatens to sue you for debt after the statute of limitations expires, its action is illegal under the Fair Debt Collection Practices Act.

So although this is traditionally thought of as a car or truck, motor vehicle refers to any vehicle that is powered by an engine, so motorcycles can be exempted under either statute if that serves the debtor's interests.

They can compare the income you claimed on your applications to federal tax returns, and if there is a discrepancy, charge you with fraud under federal statutes.

If a debt is barred under statute, it means that by law (the Limitation Act 1980), the lender has run out of time to use certain types of action to try and make you pay the debt.

Determining if your old debt is expired under the statute of limitations can be tricky for the following reasons:

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.

D. No license to engage in the business of a credit services organization shall be issued for any location if a license has been issued and is in effect under the provisions of Sections 3501 through 3514 of Title 14A of the Oklahoma Statutes.

If the items have fallen off your report and are expired under the statute of limitations the reasons to pay them would be to meet your past obligation or you wanted to close the door on the old debts forever.

Adding to the conundrum are the facts that basic record keeping in animal sheltering is not mandatory, the state sterilization law actually lacks a penalty if it is violated and our humane euthanasia law exempts cities under 10,000 from mandatory compliance; this exempts over 80 % of our municipalities from compliance with this statute.

If a landlord fails to allow an emotional support animal in rental housing for a person who qualifies under the statutes, the landlord violates the statutes and could owe damages to the disabled tenant.

Even if a person qualifies for a reasonable accommodation under the statutes, a landlord does not have to waive a «no pets» policy if doing so would cause a great financial or administrative burden, if a «no pets» rule is a fundamental part of the housing program, or if the disabled person is not able to follow general rules of tenancy.

In addition, if a tenant compromises the safety of other tenants or their property, or if the animal poses a danger to other tenants, the tenant does not qualify under the statutes and the landlord does not have to allow the tenant in housing or waive a «no pets» policy.

If the adopted animal is a dog used for fighting, the animal shelter shall notify any persons adopting the dog of the liability provisions for owners of dangerous dogs under Article 1A of Chapter 67 of the General Statutes.

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 EntIf 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 Entif 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

What primarily concerned us was the possibility that Anthony was being set up, and if I sent him the files or even if we went public, some entity in Europe would arrest him for some prearranged charges, whether it be hacking, theft, or sedition, under, who knows how many, European statutes.

If I write a piece about why I find a statute «bad», I might write something like «Statute x criminalises action y under circumstaces z.

[1] Put differently, if, as the courts have repeatedly stated, [2] the class action is only a procedural device that does not alter the substantive law, has the payment of settlement monies to non-parties expanded the remedial choices normally available to a wronged party under either the common law or statute?

And despite the fact that there are many lawyers who have skeletons in their closet, including criminal convictions, the law society defines good character pretty broadly to include an examination if someone has ever been found guilty of or been convicted of any offence under any statute (excluding speeding and parking ticket).

In its Taricco I judgment (analysed previously by M. Lassalle on this blog), the ECJ decided that national courts must disapply the rules of statutes of limitations periods for the duration of criminal proceedings pending before a court, if such rules were liable to have an adverse effect on fulfilling by the Member States their obligations under Article 325 TFEU.

(1) Subject to s. 487.053, if a person is convicted, discharged under s. 730 or, in the case of a young person, found guilty under the Young Offender's Act, c. Y 1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of a designated offence, the court

If a board is granted considerable discretion under its enabling statute and it is deciding a question within its domain of expertise, its judgment will often be shown deference by the reviewing court.

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.»

Another example requiring signatures is the statute of frauds as it applies to contract modifications that, while alone do not require signatures and written agreements, if together the original agreement and new modificed agreement would fall under the statute of frauds, then signature and written agreement is required.

The Court pointed out that there is a «very strong legislative direction» under our arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.

Also, under the statute of frauds, absent a writing and the signature of the party against whom the contract will be enforced, a court can only enforce an oral agreement if part performance has been established.

In my opinion the ECJ's decision in Taricco I that national courts must disapply the rules of statutes of limitations if they prevent Member States from fulfilling their obligations under Article 325 TFEU (in the present case, the relevant Italian legislation) leads to perceiving serious fraud as a crime against the rights and interests of citizens, i.e., against fundamental social human rights guaranteed under Articles 2 and 3 of the Italian Constitution, and hence calls for resolving the conflict within the Italian Constitution by balancing the rights under these articles and the accused's individual rights guaranteed by the legality principle (Art. 25 (2) Const.).

... the torture memos were written not to define «torture» with respect to new situations where the statute was unclear; rather they were written to allow the CIA to get around the legal ban on torture, even to the point of arguing that the torture statute would be unconstitutional if applied to persons acting under the direction of the President as commander - in - chief.

If a suspect is not present in a state to be criminally prosecuted, then the options available to a state are (1) to toll the running of the statute of limitations while the suspect is outside the state to the extent permitted by the relevant state statute and the U.S. Constitution, (2) to bring a civil lawsuit against the suspect instead of a criminal prosecution, or (3) to seek extradition of the suspect, which must be granted under certain circumstances under the United State Constitution and reads as follows in the pertinent part:

Putting aside that no case has ever claimed that contribution applies only to but - for causes — good thing because there's many a defendant held liable who received contribution where the conduct wasn't a but - for cause and there's no reason to read any of the apportionment statutes that way — I suppose the conclusion that contribution is limited to but - for causation does follow if the Court believes that the only way there can ever be factual causation is under the but - for test.

However, even if the plaintiffs had submitted the required demand letters, their CPA claims would still be barred under the four - year statute of limitations for CPA claims.