Sentences with phrase «used by the courts»

The Professional Standards Subcommittee drafted guidelines for conflicts of interest, including questionnaires and other instruments designed to gather pertinent information about the experts for use by the courts.

Discussion will include the legal standards and relevant factors used by Courts; the practical role of other state agencies and access to outside funding sources.

Instead, a Will can be used by the court to determine where your assets will go.

The means test is used by the courts to determine eligibility for Title 11 of the United States Code Chapter 7, or payments in Chapter 13 bankruptcy.

Then in the same case Facebook was used by the court to summons the inflictor to appear.

As one would expect the draconian sanction of committal is only used by the courts in exceptional circumstances.

The legal test used by the Court to determine the choice of a legal basis (if there are multiple) for the signing and conclusion of international agreements is well known: the choice must rest on objective factors that are amenable to judicial review and these include the aim and content of that measure (the context also matters in relation to international agreements).

The difference in purpose between the EEA Agreement and the EU treaties was used by the Court of Justice to substantiate its argument that although the wording of the EEA Agreement and the Treaties may be identical, diverging interpretation may be justified.

And this is the sense in which it is judicially used by this Court, even as between the different States of this union.

In a Pennsylvania divorce, equitable distribution is the process used by the courts to divide marital property.

These factors, along with a number of other factors, will be used by the court to determine who the primary custodial parent should be.

To the surprise of many, the Supreme Court of Canada rejected the narrow «postage stamp» or «site specific» approach to Aboriginal title used by the Court of Appeal, and adopted the broader territorial approach of Justice Vickers.

Given the language used by the Court of the Appeal, it is clear that prosecutorial discretion not being subject to review by the courts remains the norm.

At this point, one could criticize the somewhat blurry language used by the Court.

Such hypothetical approaches are not used by the Court.

Two decisions handed down by the Supreme Judicial Court in early March, 1999, demonstrate the wide variety of techniques used by the court when interpreting statutes.

As explained in Avvo's petition, the ARDC denied Avvo's request, explaining that disclosure of the Roll was permissible only for three specific purposes: for use by a court to conduct business, for use by the Bar to solicit membership and for use by a CLE organization within Illinois to provide programs that benefit the bar or the public.

That assertion needs to be measured against the actual words used by the Court in the Westpac leave decision: ``... we are satisfied that it is not reasonably arguable that the Court of Appeal's approach to the law, including its view of the effect of the policy of the legislation, was wrong».

Emmett Macfarlane argues that the architecture language used by the Court in this decision is highly ambiguous, but could be broad enough to block any unilateral electoral reform.

The working group met in September and has resolved to develop a questionnaire to be completed by local authorities and parent representatives, this will be used by the Court with the aim of identifying these cases early on in the proceedings, so that they can be dealt with properly and expeditiously.

Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain (adjectival form fraudulent; to defraud is the verb, and the Badges of Fraud are used by the court s as rough gauge as to whether Fraud exists in the situation or not..

This section can and is used by the Court to prevent harm being done by someone to another person.

Concept used by courts from early 20th century until 1970's when deciding child custody cases.

Terms used by courts and lawyers since the mid-1990's when referring to parents» time with minor children or sharing of custodial rights and responsibilities.

Then in the same case Facebook was used by the court to summons the inflictor... [more]

Our project aimed to identify issues with the way these reports are completed and used by the courts in order to improve them.

A custody evaluation is a tool used by the courts to help them decide who is better suited to be the «primary custodial parent».

In other words, even if the police have breached an individual's right to counsel, the evidence that was acquired may be used by a court in determining guilt or innocence.

The analytical approach used by a court when determining whether an employer has just cause to dismiss an employee was set out in McKinley v. BC Tel., 2 a decision of the Supreme Court of Canada.

In the end, the court concluded that by agreeing to play hockey and accepting its inherent risks, a player essentially assumes the risk of some injury (the language used by the court was «consent»).

Time - sharing, parenting plans, and shared parental responsibilities are terms that are commonly used by courts to ensure that the custody arrangement does not alienate one parent in favor of the other.

The earnings approach is typically used by the Court when a quantifiable, mathematical calculation is the easiest means to arrive at an amount for diminished earning capacity.

It can often be difficult to determine whether the 40 % threshold is met in situations where a child spends substantial time with each parent, because there is no standard method of calculation used by courts.

Legal Decision Making: In Arizona, the term «custody» is no longer used by the courts and statutes.

This rule is broad and may be used by a court or a tribunal to imply terms of a contract.

We'll hear from our two speakers and together they'll provide an overview of the current state of online dispute resolution in use by courts.

Wrongful birth is the term used by the courts to describe a claim that arises out of the birth of a child who wouldn't have been born without negligent treatment.

The Judicial Conference of Indiana is charged with developing a standard Presentence Investigation (PSI) Report to be used by all courts in Indiana.

Overview This project aimed to identify issues with the way that s. 15 reports are completed and used by courts Read More

The agency relationship would be used by the courts when the principal has a duty to deny the relationship but fails to do so.

The discount rate is the calculation of lifetime earnings through low risk investment that is used by courts when working out appropriate lump sum compensation payments for victims of life - changing injuries.

Slaw readers will remember that this was the judgment in which Justice Brown roundly criticized the document management system used by the courts.

(I mention in passing that «anchor» can be used in a sense that is antithetical to the laudatory meaning used by the Court.)

The House of Lords decided that clear statements made in Parliament concerning the purpose of legislation in course of enactment may be used by the court as a guide to the interpretation of ambiguous statutory provisions.

A myriad of considerations have been used by the courts in determining whether a joint venture is a partnership.

Statutes of limitations have been used by courts for hundreds of years.

A hired gun is the somewhat vernacular expression but still used by the courts to refer to an expert witness who does not appear to be impartial.

The SPC highlighted that in the past five years it had issued 119 judicial interpretations (some of which have been discussed on this blog, many translated by Chinalawtranslate.com) and issued 80 guiding cases (link to cases and analysis)(as Jeremy Daum has written, and Mark Cohen has also noted, the statistics show they are not often used by the courts), but did not release numbers on the other types of documents it had issued (this blog has discussed some of them) or the number of model cases or other cases issued by SPC divisions (this blog has recently focused on ones issued by the criminal divisions).

Second, civility regulation is often used by courts or regulators when there is real bad conduct going on, but instead of talking about that bad conduct, they just talk about the incivility.

First of all, judgments published in electronic databases must be complete; when images are used by the court they must be present or the means to obtain them must be mentioned.