Sentences with phrase «view case law»

Not exact matches

In neither case does it reflect a disrespectful view of divine law (which both the Old and the New Testament see as grounded in divine grace), but rather it refers to what is bound to happen to the law when we start «handling» it and using it to establish our own righteousness rather than letting the rule and righteousness of God dwell and become embodied in our midst.

Absent such a change in canon law, a bishop seeking to dismiss a priest will have to convince a canon court that the case warrants dismissal, and thus the zero tolerance policy amounts to nothing more than a declaration by the bishops that, because in their view all cases of sexual abuse warrant dismissal from the clerical state, they intend to seek this penalty in all cases.

In any case, from this point of view, psychology is not to be excluded from the «sciences» because it can not provide predictive laws like those of physics, chemistry, and cell biology.

In 2007 the Committee used the same justification to attack Honduras» restrictive abortion laws, recommending «that the State party consider reviewing the law relating to abortion with a view to identifying circumstances under which abortion could be permitted, such as therapeutic abortions and abortions in cases of pregnancies resulting from rape or incest, and removing punitive provisions imposed on women who undergo abortion, in line with the Committee's general recommendation 24...»

There isn't roomhere to do more than illustrate the case with a few examples, but an attempt will be made to show how rich Paul's view of ethics is, how his teaching on law is original and relevant, how his emphasis on love is important, and how he forces us to consider not only the human act that, as St Thomas says, is what moral theology is all about, but also the adjectival human agent transformed by the grace of the Holy Spirit into a friend, indeed a child of God.

At the same conference ACCC chairman, Rod Sims, indicated that the ACCC's investigation into treatment of suppliers by the major supermarkets has been delayed until around March 2014 (view speech and press release) and Senator Xenophon once again argued for divestiture laws in abuse of power cases.

My view is that a principled case can and should be advanced for the third of the options — that of a written constitution (a statement telling us in exemplary form only what we might have) being «a document of basic law by which the United Kingdom would be governed, setting out the relationship between the state and its citizens, an amendment procedure and elements of reform.»

And though it's been viewed many fewer times than Yes We Can, in this case it was particularly well targeted, since the voter in question is my sister - in - law, a Linux expert at IBM in Austin.

It is possible to take the view that the law should prohibit such action but that there are cases where such action should occur (as a matter of morality) although the prohibition remains in place.

In its statement, McDonnell's defense team, led by Hank Asbill, John Brownlee and Noel Francisco, said it believed that the Justice Department «brought this case in good faith based on its view of the law as it existed at the time.»

This was based in part on a view that this case was bigger than the individuals involved and in part on the understanding of the law, when this case began, that even such egregious deception as that carried out by the police officers concerned was not sufficient to allow such a claim.

The case law regarding aerial surveillance was settled decades ago when the Supreme Court ruled that viewing objects in plain view from the air but not the ground (like a marijuana patch hidden behind a high wall) did not constitute a «search» that cops need a warrant to perform.

Legal Practitioner, Tsatsu Tsikata, has explained that he could not support his onetime partner in law, Nana Akufo - Addo, in the election petition case, because in his view, the NPP's case for which it went to court to challenge the results of the 2012 election, was «pathetic» and lacked merit.

When representatives of creators and creative industries are asked to submit evidence to proposals for changes to copyright law, these representatives typically wish to present their own case rather than an objective view, Professor Towse's research shows.

In the case at hand, the point of view on gun laws simply seems to roughly follow the political distinctions of «liberal» versus «conservative» in the way that «conservative» politicians tend to not want to change the existing (perceived by many, liberal) gun laws.

«The federal law you cited concerns those doing the work, which in this case are the brokers, not the affiliated banks that operate independently,» said Rich Azzopardi, a Cuomo spokesperson, echoing the banks» view.

«Persons in the Sheriff's Department viewed Steve Broderick as a potential candidate for sheriff and sought to discredit him, and used this case to do it,» charged Ronald Winter, the law clerk to State Supreme Court Justice Richard C. Kloch Sr..

All the Orange County legislators were provided with documentation of factual cases of civil forfeiture abuse; law enforcement agencies and local municipalities using the proceeds of forfeiture properties, cash and cars to balance their budgets; articles from conservative think tanks like The Heritage Foundation against this law and public comments from citizens, attorneys and former police officers expressing their view against this law.

But the Virginia case created a stir precisely because the public has so much confidence in DNA evidence — so much that it's often viewed as infallible, says William C. Thompson, a professor of criminology, law, and society at the University of California at Irvine.

Scalia believed his job in education cases was to read and apply the text of the law, and not allow his personal views on education to come in through the backdoor via free - ranging interpretations of vague statutory and constitutional provisions.

The analysis of Articles of the ECHR relevant to the issue and particularly Articles 9 (Freedom of religion) and 2 of Protocol 1 (right to education), the citation of the related case law and my personal experience, help me answer whether the right of a Muslim woman to be educated, work as a teacher, believe and manifest her religious views is being deprived by her decision to follow the Islamic dress - code or by prohibition - laws passed by European states and approved by the European court of Human rights (ECtHR).

in the case of an unaccompanied youth, ensure that the local educational agency liaison assists in placement or enrollment decisions under this paragraph, including coordination with the committee on special education for students with disabilities pursuant to section 200.4 of this Title, considers the views of such unaccompanied youth, and provides notice to such youth of the right to appeal pursuant to 42 U.S.C. section 11432 (g)(3)(E)(ii)(Public Law 107 - 110, title X, section 1032, 115 STAT.

In its comments, NSBA presents case law that argues against the expansive view of the law that the DCL puts forward, warning that it risks:

Consistent with NSBA's position as outlined in its «friend of the court» (amicus) brief, Justice Samuel Alito delivered the Court's unanimous opinion and found that the school officials in this case should not be viewed as law enforcement agents, and the statements made by the young child to the teachers were not given with the «primary purpose of creating an out - of - court substitute for trial testimony.»

Lawyers representing parents will argue that under the European convention on human rights and corresponding case law, the state is obliged to treat different religions and beliefs on an equal footing and that religions should not be elevated above non-religious world views in the school curriculum.

As there are conflicting views on this, advisable to consult a CA and in case if one goes by this judgement and files his / her ITR, he may have to be ready to justify and challenge his stand in court of law.

You can use Instant Search to run a search without having to select a specific source, Shephardize case law, and use Work Folders to synchronize your search results to view them on your work computer.

Whatever one's view of the correctness of the Cannon and Mide - Wilson decisions, the cases raise an important, almost existential question about the business of law: how much is too much?

In this post, Ciara examines a decision which seems at first view to follow up on case law such as Zambrano, McCarthy and Dereci — but finally ends up being more about interpreting the Family Reunification Directive in light of the fundamental right to family life.

Case law of the European Court of Human Rights supposedly would endorse this view, because there is no support for the proposition that the «core area» of freedom of religion must be limited to private conscience and the freedom to manifest one's religion in private or within the circle of those who share the faith, thus excluding the public manifestation of religion.

Christophe Hillion wonders from the silence about ratification whether «mixity is in principle excluded» from the Article 50 agreement... «however surprising that may be in view of the possible comprehensive scope of the agreement, and considering the (case) law on EU external competence.»

For case law: it's my view that we've reached the point, with at least the major Commonweath LIIs, that nobody who knows the basics of the subject matter needs to start with the commercial services for current case law.

Without hunting through case law, «viewing a property» would probably be given its normal English usage - that is inspecting a property with the object of determining if you want to make an offer to lease or buy it.

The question before the Court in this case was thus whether «that significant development of primary law» would make the Court change its views expressed in Opinion 1/94.

The report, described in an earlier article by Jean - Paul Bevilacqua, concludes that while family law lawyers view litigation as useful for high - conflict disputes and cases involving risks to persons and property, litigation is not their preferred resolution process.

State's case law of general view of a 12 year old and 2.

From a law publisher's point of view, I might have a concern about the potential absence of the certainty and profitability of legal change, which are guaranteed with a reliance upon cases, legislation and other primary and secondary source material.

When a user views a docket document such as a brief or memorandum that contains citations to case law, the user will be able to view the cited case from Fastcase without a separate login.

While this is, from a legal point of view, a highly interesting case with regard to the relationship between EU law and international law, it amounts, more practically speaking, to good news for all those in search of shelter from violence - ridden regions on a continent marked by an increasing reluctance to welcome foreigners (note most recently the successful Swiss referendum on limiting mass immigration).

In this case, the problem with the Law Society's approach was not that it required lawyers to acknowledge and abide by obligations that incorporated a particular moral perspective or point of view with which some members may disagree (see Propositions 1 and 2).

82 It should be noted at the outset that -LSB-...] the Commission took the view that, in order to establish whether there was a guarantee for individual claims, it was appropriate, after examining the national legislation and case - law (see first part of the second plea above), to begin by considering whether, in order to determine whether the procedure followed by a creditor of [the EICC] in order to settle its claim in the event of [the EICC] being in financial difficulty was comparable to that followed by the creditor of an undertaking subject to commercial law.

It seems that lawyers at the law firm Harding, Earley, Follmer & Frailey of Valley Forge, Penn., in the course of investigating a client's trade secrets and trademark infringement case, viewed and printed pages from the Web site of Healthcare Advocates Inc. — both pages from its then - current site and archived pages found via the Wayback Machine.

In my view, even if statutes of limitations periods should be considered as forming part of procedural law, this would not mean that they are exempted from the EU general principle of legal certainty and that they can be modified on a case - by - case basis by courts, arbitrarily, without any clear and generally applicable legislative guidance.

However, given that fairness is notoriously subjective, this inevitably leads to a system where it is difficult to predict the outcome of a case and, as in the two strands of cases above, there can be areas of law where two senior judges have apparently different views about important issues.

At page 78 he refers to the Law Society submission and states «The report does not however give, in our view, adequate attention to the way in which the market is manipulated by BTE insurers so that clients are not free to choose the solicitor of their own choice... The Association of District Judges has made known to the Law Society, during 2008, its concerns that this system frequently operates as a denial of justice to claimants who lose, undersettle or not pursue cases as a result of the nature of representation provided.».

Although this case was brought under the Federal legislation, the Canadian Human Rights Act (the «Act»), the principles of law are transferrable to the individual provincial human rights contexts, including Ontario, and this case should be viewed as the leading authority on the protected ground of family status with respect to child care obligations.

According to Grace, the existing case law on the issue shows «courts have taken a dim view of impeding in any way the progress of a civil suit, and will do so only in the rarest of circumstances.»

In these circumstances and given my view that Constable B. had the common law power to make the stop he did in this case, any further argument on the limitation of section 48 to highways will have to wait for another day.

In his view, the case law of CJEU does not merely include in these concepts the material acts, but also their legal significance (§ 54), thus incorporating in the definition of «same acts», for example, also the intention (§ 56 - 57).

One of the oddities of family law, at least from a client's perspective, is that while the client may view «their case» in the singular, in reality, there may be several separate strands before the court, for example, the divorce (usually straightforward), financial provision (generally one application before the court, but with the potential to branch off down different routes particularly if enforcement is required), and arrangements for any children (hopefully, in most cases, capable of agreement without proceedings being issued, but sometimes not).