Sentences with phrase «upon state statutes»
She also developed an app that creates child support worksheets and alimony worksheets based upon state statutes.
http://www.lawtechnologytoday.org/ Not exact matches
«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.
RESOLVED, that this Legislature hereby calls upon the New York State Legislature and Governor to set aside and annul this ill conceived and poorly drafted statute which abridges the rights of law abiding citizens of the State of New York; and, be it further
(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and
The creditor can file a lawsuit up until the statute of limitations in your state — up to a decade depending upon the type of obligation.
They are generally subject to the applicable state's statute of limitations and must generally sue in order to collect upon default.
(3) Notwithstanding any other provision of this chapter to the contrary, if the administrator finds that an immediate danger to the public health, safety, or welfare requires adoption of a regulation upon fewer than 35 days» notice or that action is required by or to comply with a federal statute or regulation which requires adoption of a regulation upon fewer than 35 days» notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency regulation.
For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.
Forget about getting lost in page upon page of state statutes.
As we'd expect from the above, when States enact alienage statutes, they're subject to strict scrutiny, and when those statues cross the line, the courts have found that State attempts to restrict resident or non-resident aliens encroach upon the federal government's exclusive control over entrance of aliens.
The statute states the 60 - day period commences upon «identification» of the overpayment but included no clarification of when a provider is deemed to have identified the existence of an overpayment.
In Troxel v. Granville, 530 U.S. 57 (2000), the U.S. Supreme Court struck down a Washington state statute allowing the court to award grandparent visitation based only upon the best interests of the child, finding that such a broad standard violates the liberty interest of the parents in having custody of their children.
He has defended innumerable lawsuits based upon the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Truth in Lending Act, the Real Estate Settlement Procedures Act, and various state statutes and common law theories.
In Muscarello v. United States, in the course of analyzing the meaning of «carries a firearm» in a federal criminal statute, Justice Ginsburg wrote that «[s] urely a most familiar meaning is, as the Constitution's Second Amendment... indicate [s]: «wear, bear, or carry... upon the person or in the clothing or in a pocket, for the purpose... of being armed and ready for offensive or defensive action in a case of conflict with another person.
1093 (No. 14571), put a limiting gloss upon the statutory language: the statute reaches only indecent material which, as now expressed in Roth v. United States, supra, at 354 U. S. 489 «taken as a whole appeals to prurient interest.»
the Court implicitly states that the statute of repose can never properly apply to asbestos claims, because such application would bestow upon asbestos defendants «absolute immunity» due to the typical latency period for asbestos - related diseases.
if a state statute is found unconstitutional it's enforcement would be unlawful and a trespass upon a citizens rights.
Although today most real estate laws are based upon federal and state statutes, there are still cases in which there are unique issues which arise that require judges and lawyers to follow the decisions of judges which were established under the common law system.
CASE # 1: «Many cases have been decided respecting the validity and construction of statutes and ordinances regulating their use upon public highways, and it has been uniformly held that the State, in the exercise of the police power, may regulate their speed and provide other reasonable rules and restrictions as to their use.»
«Many cases have been decided respecting the validity and construction of statutes and ordinances regulating their use upon public highways, and it has been uniformly held that the State, in the exercise of the police power, may regulate their speed and provide other reasonable rules and restrictions as to their use.»
Florida lawmakers are poised to pass a bill that will add «virtual currency» to the state's money - laundering statute, a change hailed by law enforcement although frowned upon by some enthusiasts of bitcoins.
More than 30 states now have statutes specifically authorizing joint custody awards, and most states now hold that a court's authority to award joint custody does not depend upon the parties that request it.
More than 30 states now have statutes specifically authorizing joint custody awards, and most states now hold that the courts authority to award joint custody does not depend upon whether the parties request it.
The hours of training are based upon your state requirements if the state in which you practice has a statute governing the these requirments.
Traditionally, most states relied upon the common law of agency to define the scope of the agency relationship, but in recent years some states have adopted the «transactional brokerage model» where the agency relationship is defined by statute.
A Colorado federal district court has interpreted the duties that the state's «transaction - broker» statute imposes upon a licensee serving in that role.