Sentences with phrase «whether application of the rule»

The Agencies intend to publish a supplemental proposal to request comment on possible exemptions for «streamlined» refinance programs and small dollar loans, as well as to seek comment on whether application of the rule to loans secured by certain other property types, such as existing manufactured homes, is appropriate.

Not exact matches

Topics in the Q&A included the source of money for the City's planned pre-K advertising campaign, the City's target number of pre-K applicants, whether Speaker Silver thinks the proposed income tax surcharge should be pursued next year, how the pre-K selection process will work, how the City will cover the approximately $ 40 million annual gap between the estimated cost of pre-K and the amount provided in the state budget, when parents will learn whether their pre-K application has been accepted, how the City will collect data and measure success of the pre-K program, whether the existing pre-K application process will be changed, how the City will use money from the anticipated school bond issue, the mayor's reaction to a 2nd Circuit ruling that City may bar religious groups from renting after - hours space in public schools, the status on a proposed restaurant in Union Square, a tax break included in the state budget that provides millions of dollars to a Bronx condominium project, the «shop & frisk» meeting today between the Rev. Al Sharpton and Police Commissioner Bratton and a pending HPD case against a Brooklyn landlord.

The Administrative Offices of the SNSF check whether the application complies with the rules of scientific integrity.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Participation, or the rights and obligations of the participant and Bandai Namco in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

The reason that Apple removed the Sony app that it allows content to be purchased from within the app, which is a clear violation of Apple's application guidelines (whether those rules are reasonable or not is another topic).

[6] Whether or not the disposal was action taken in response to the reforms commencing does not affect the application of the current pension income exemption rules.

Our lenders will analyze your application and make an instant decision whether or not to grant you approval based on a collection of rules and regulations in each of their varying loan portfolios.

Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and thirdparty claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this Cardholder Agreement, including the validity, enforceability, interpretation, scope, or application of the Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service («Claim») shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator in effect at the time the Claim is filed.

The Court then proceeded to investigate whether the CFR precluded the application of the Slovak procedural rules in question.

Interestingly, the debate preceding the judgment in Dassonville centered on the question whether it entailed a ban on discrimination (i.e. an equivalence approach) or also caught rules that applied «without distinction» but still reduced the effective application of the free movement of goods.

The question of whether you can film depends on the application of those two rules,

• Applicants who are required to establish rehabilitation under Rule 3 - 13 «so as to ascertain whether they displayed any malice or ill feeling towards those who were compelled to bring about the proceeding leading to the need to establish rehabilitation;» • Applicants with a history of substance abuse / dependence «so as to ascertain whether they discussed or posted photographs of any recent substance abuse;» • Applicants with «significant candor concerns» including not telling the truth on employment applications or resumes; • Applicants with a history of unlicensed practice of law (UPL) allegations; • Applicants who have worked as a certified legal intern, reported self - employment in a legal field, or reported employment as an attorney pending admission «to ensure that these applicants are not holding themselves out as attorneys;» • Applicants who have positively responded to Item 27 of the bar application disclosing «involvement in an organization advocating the overthrow of a government in the United States to find out if they are still involved in any related activities.»

«(1) On an application for relief from any sanction imposed for a failure to comply with any rule... the court will consider all the circumstances including --(a) the interests of the administration of justice; (b) whether the application for relief has been made promptly; (c) whether the failure to comply was intentional; (d) whether there is a good explanation for the failure; (e) the extent to which the party in default has complied with other rules,...; (f) whether the failure to comply was caused by the party or the party's legal representative; (g) whether the hearing date... can still be met if relief is granted; (h) the effect which the failure to comply had on each party; and (i) the effect which the granting of relief would have on each party or a child whose interest the court considers relevant.

She suggests emphasizing the role international and foreign law play within the domestic system, offering examples including asking the student to consider the application of Federal Rule of Civil Procedure 44.1 to a foreign adoption, or to determine whether a foreign corporation can obtain a dismissal of a federal court action based on forum non conveniens.

It thus remains to be seen whether the CJEU's ruling will have any impact on the ongoing negotiations and the scope of application of the future Directive.

277.41 A collective agreement between a board and a designated bargaining agent for a teachers» bargaining unit may provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of this Part or any regulation, guideline, rule or policy under it, including any question as to whether a matter is arbitrable.

Where the matter touches on nuclear proliferation, the urgency of interim preventative measures, such as that specifically provided by Parliament in the present case, does not permit of the application of the normal rules of fair play, whether required by the common law or the ECHR.

With respect, I think both Alberta courts which have heard this application have focused too much attention on the merits of the Ernst claim rather than on whether the AER / ERCB has satisfied the test to strike under rule 3.68.

The district court ruled that it could not decide from the facts before it the question of whether Palmer / Kane knowingly provided inaccurate information to the Copyright Office in the registration application.

Before this ruling, alleged victims of racial profiling by police would have to choose whether to file a complaint with the Office of the Independent Police Review Director or put in an application with the Human Rights Tribunal.

Although it is difficult to anticipate the implications of the changes until the registrar confirms his satisfaction pursuant to Rule 54C, one wonders whether such new system will eradicate the «registration gap» between the date on which a transaction is completed and the date upon which it is registered and if so, how procedures that are currently undertaken «post-completion» (e.g the preparation and submission of SDLT returns and Land Registry) as a condition of completion of a registration application will be dealt with.

These include «the conduct of a party that tended to shorten the action,» conduct by either party that «lengthened or delayed the action,» as well as whether an application or some part of it was «unnecessary, improper or a mistake» (Rule 10.33 1 (f), (2)(a), and (2)(d)-RRB-.

(correct test for Barrister appeals; whether outside the ex improviso rule, prosecutor may call evidence after prosecution and defence case closed; use of debarring orders against prosecutor; whether tribunal may «enter the arena» and strongly request the attendance of a prosecution witness; whether BSB has power to summons witnesses; whether prosecutor may communicate with disciplinary judge behind the back of the defence; whether such communication redolent of actual bias of judge where judge wishes prosecutor good luck on appeal; whether apparent bias doctrine can be engaged by post-trial conduct of judge; legal effect of serving BSB prosecutions department officer being 1 of 4 appointing members of the COIC «Tribunals Appointments Body» (TAB); whether TAB ultra vires the Bar's Constitutions; whether open - ended power of removal of member of COIC pool without cause, unlawful given position of BSB Chair and senior staff on COIC; whether ECHR Article 6 guarantees against pressure on disciplinary judges to conform with a prosecutorial mentality; whether disciplinary judges Art. 6 «independent» within Findlay v United Kingdom given key role of BSB prosecutions department in appointing disciplinary judges; serious non-disclosure by BSB of notes of secret meeting between BSB and disciplinary judge until day before appeal and despite requests and application for disclosure by defence)

[31] I have also considered whether, having arrived at the foregoing conclusion, I should defer dealing with the substance of the application until after the appeal of the Mistrial Ruling.

The consideration of the rules was limited to whether the guidance was relevant by analogy to the application of the overriding objective in the Tax Tribunal rules and thus the judge had not misunderstood the correct guidance.

This rule applies to all hearings, whether on application or otherwise, for committal for contempt irrespective of the court in which they are heard or of the proceedings in which they arise.»

Advising and representing executors in relation to the continued application of the rule in Parker v Felgate and in the Court of Appeal on the question of whether executors are able to recover their own legal costs where the principal beneficiary is separately represented.

Whether shovels ever hit the ground on this project remains to be seen, although Kinder Morgan recently announced construction may start before these applications are heard which in itself suggests a troubling disregard for the rule of law.

16 In the case of Aquilini v. Aquilini, 2012 BCSC 1616, Mr. Justice Smith dealing with an application for the appointing of a business valuator (similar to the case at bar) identified the following relevant factors for a court to consider when determining whether to exercise its discretion under Rule 13 - 4 (3) to appoint a joint expert in absence of an agreement at para. 43:

A non-suit application is permitted by Rule 8.20 of the Alberta Rules of Court, Alta Reg 124/2010, which states, «at the close of the plaintiff's case, the defendant may request the Court to dismiss the action on the ground that no case has been made, without being asked to elect whether evidence will be called.»

Whether discipline should be imposed should be determined through a reasonable and reasoned application of the Rules, and should depend upon factors such as the seriousness of the transgression, the facts and circumstances that existed at the time of the transgression, the extent of any pattern of improper activity, whether there have been previous violations, and the effect of the improper activity upon the judicial system or Whether discipline should be imposed should be determined through a reasonable and reasoned application of the Rules, and should depend upon factors such as the seriousness of the transgression, the facts and circumstances that existed at the time of the transgression, the extent of any pattern of improper activity, whether there have been previous violations, and the effect of the improper activity upon the judicial system or whether there have been previous violations, and the effect of the improper activity upon the judicial system or others.

(6) This Convention shall not affect the application of the rules of a Regional Economic Integration Organisation that is a Party to this Convention, whether adopted before or after this Convention -

So an application to set aside may come down to whether the procedural rule was waived or not, which involves questions of fact that a court may have difficulty deciding.

In upholding Belobaba J.'s decision and dismissing the plaintiffs» application, Harvison Young J. agreed with his analysis that the two issues on motion — whether defendants are required to serve and file affidavits on a s. 138.1 motion, and the availability of Rule 39.03 summmonses in such circumstances — have already been fully adjudicated.

The application of this rule will depend on the purposes for which the participants in such arrangements share protected health information, whether some or all participants are under common ownership or control, and similar matters.

Giving judgment in R (on the application of Gaines - Cooper) v Commissioners for HMRC [2011] UKSC 47, Lord Wilson said: «As Lord Mance points out, the requirement for a distinct break is not clearly expressed in the relevant paragraphs of the booklet... [but]... taken as a whole, the message that the booklet conveyed was that all the circumstances were open to evaluation in order to see whether the rules for non-residence were satisfied.»

Either way, it is likely to be of particular significance in employment law in the very context of Clark itself, namely the application of normal sickness absence rules even - handedly to employees, whether disabled or not.

applications for «habeas corpus», (a legal procedure where the court decides to rule on whether the detention of an individual is legal

Construction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Alberta, Canada, without giving effect to any choice of law or conflict of law rules (whether of the Province of Alberta or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of AlbRules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Alberta, Canada, without giving effect to any choice of law or conflict of law rules (whether of the Province of Alberta or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Albrules (whether of the Province of Alberta or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Alberta.

(i) any change in the partners and whether, as a result of licence cancellation under section 2 - 14 [partnership brokerage licence is specific to partnership] of these rules, an application for a new brokerage licence is intended to be made, or

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of MichRules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michrules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.