Sentences with phrase «which ordinary law»

The new method amounts to a system in which ordinary law is replaced by «orders» or decrees coming from the executive or administrative branches.

Not exact matches

For law - abiding investors, however, the process of reporting digital currency profits — which are taxed as ordinary income in the short term and as capital gains in the long term — will be arduous since Bitcoin exchanges have yet to provide customers with a 1099 form.

There are many ways in which such language can be given an orthodox construction: If, for example, you take your definition of «justice» from a law textbook (Aquinas likes the Roman jurist Ulpian) or from ordinary political usage, then there's no problem in saying God's mercy surpasses that.

The authorization comes from «the competent ecclesiastical authority,» which usually means the local bishop (in canon law often called «the ordinary»), although the wording of the law does allow the bishops» conference to suggest another competent authority.

In fact, he still does — though it has already been transformed and resurrected and is therefore no longer subject to the ordinary laws of our physics, which govern only mortal bodies and material objects.

And Ford cites a passage in which Hartshorne calls God's selection of the laws of nature which characterize the universe «a «lure,» an irresistable datum, for all ordinary acts of synthesis» (TPP 77, citing WEP 21).12

You were recently invited to talk about the principle of Magma Carta on a BBC programme which was broadcast live across the globe.The right to personal freedom means that no man may be punished, imprisoned, or coerced, except for breach of the law proved in a legal manner before an ordinary court, and this right flows directly from the provisions of Magma Carta, the Petition of Right, 1628, and the Bill of Rights, 1968.

This agreement shall be governed by and construed in accordance with the material laws of Switzerland.All disputes controversies or differences arising out of or relating to this agreement, or breaches thereof, which can not be settled by the parties, shall be resolved, to the exclusion of the ordinary courts by a one person Arbitral Tribunal in accordance with the International Arbitration Rules of the Swiss Chamber of Commerce.

Once you sell the holding, you have realized the loss, which enables you to take advantage of the tax laws and deduct those losses, first against any gains in your account (s), and then at a rate of $ 3,000 per year against ordinary income.

No regulatory action will be considered for animal feed ingredients resulting from the ordinary rendering process of industry, including those animals which have died otherwise than by slaughter, provided they are not otherwise in violation of the law.

The eight categories for 2016 are: Arson Dogs, sponsored by State Farm ®; Emerging Hero Dogs, a category that pays tribute to ordinary dogs who do extraordinary things, sponsored by Merial, maker of NexGard ® (afoxalaner) Chewables; Guide / Hearing Dogs, sponsored by Clover Stornetta (which is also the «Mootastic» sponsor of the 2016 Hero Dog Awards); Law Enforcement Dogs, sponsored by the RIMADYL K - 9 Courage Program ™ from Zoetis; Military Dogs, also sponsored by the RIMADYL K - 9 Courage Program from Zoetis; Search and Rescue Dogs; Service Dogs, sponsored by Modern Dog magazine; and Therapy Dogs, sponsored by Chicken Soup for the Soul Pet Food (which is also the Official Pet Food of the 2016 Hero Dog Awards).

«No regulatory action will be considered for animal feed ingredients resulting from the ordinary rendering process of industry, including those using animals which have died otherwise than by slaughter, provided they are not otherwise in violation of the law.»

That law and the legislation adopted to give it effect implement a claims recovery procedure which, unlike a winding - up procedure under ordinary law, does not, when triggered, extinguish claims but at the most postpones the payment of them.

In co-operation with the Gutierrez Law Firm, which is headquartered in San Antonio (where most immigration court proceedings must be held for Central Texas cases), Dunnam & Dunnam is dedicated to upholding the rights of individuals who wish to enter the United States on a temporary or permanent basis, helping ordinary people realize their dreams and aspirations.

The plaintiff contended that the lawsuit was not one of medical malpractice, but of ordinary negligence, for which an expert is not required under state law.

Aug. 4 was just an ordinary day of editing the stories for this issue of Canadian Lawyer when publisher Karen Lorimer and I were called into a meeting with our company president at which we were given the official news that our publications, Canadian Lawyer, InHouse, 4Students, and Law Times, had been sold to Carswell Thomson Reuters.

Rather than applying the ordinary meaning to plain language and seeking to uphold the democratic decision of the voters who elected the Mayor, by construing the MCIA «strictly» and by searching for a «reasonable interpretation which will avoid a penalty,» Hackland RSJ did the opposite of what the law demands,» write Ford's lawyers.

[13] When read in the context that Professor St. Lewis had agreed to undertake a review of the SAC report which alleged systemic racism in the academic fraud process and that she was providing her evaluation of that report as a lawyer, law professor and expert in the field of Human Rights and Research, the words in their natural and ordinary meaning would more than likely be considered defamatory by the ordinary fair - minded individual.

The 1947 Convention had to be interpreted in accordance with the principles codified in Arts 31 — 33 of the Vienna Convention on the Law of Treaties 1969, which required that a treaty be interpreted in good faith, in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of the treaty's object and purpose.

However in this case, although the defendant was constituted and governed by its own rules, owns and manages its own housing stock and entered into private law contracts with tenants, the nature of its activities and the context within which it operated made it a different situation from an ordinary commercial business.

It raises a fundamental question: are law firms like ordinary businesses, which may protect as privileged communications between employees and in - house lawyers seeking legal advice, or does lawyers» status as fiduciaries for their clients mean those communications should be treated differently?

On the other hand, starting from the general provision of Article 175 of Italian Code of Criminal Procedure (which sets out the requirements to reinstate the legal due date for procedural acts), the ICC could have added a new procedural norm in the Italian legal order, allowing the defendant to be given back the time limit provided for by national law to choose between the ordinary and a simplified proceeding.

In our view, the principle that a litigant should be able to see and hear all the evidence which is seen and heard by the court determining his case is so fundamental, so embedded in the common law, that, in the absence of parliamentary authority, no judge should override it, at any rate in relation to an ordinary civil claim, unless (perhaps) all parties to the claim agree otherwise.

The problem is simply stated as follows: Develop a principled approach to reconcile traditional accounts of the rule of law with the modern reality that administrative agencies and statutory tribunals who do not operate like or resemble the ordinary courts but who nevertheless occupy a large amount of space in our legal system and can not avoid making legal determinations in exercising their statutory duties which often implicate individual rights and interests to a greater extent than judicial decisions.

The Court of Appeal held that, although an agreement pursuant to which R bet as A's agent using A's money was void under the Gambling Laws, if R misappropriated A's money for his own purposes, A was entitled to recover it under the ordinary principles of restitution.

However, the power is limited in particular in that: - it does not extend to any act involving interference with the rights and liberties of the subject; - its exercise is reviewable on ordinary public law grounds; and - it does not operate in any field in which Parliament has chosen to legislate.

Q5 oddly implies that what you might do with data defines whether the data is «personal data», which is confusing, but amounts to saying «even if this is in the ordinary sense «personal data», it is not subject to the protection requirements» — this is not uncommon in law, where rules are stated in terms of a label («personal data»), and the rules are very simple, but the definition of the label can be complicated.

Our law is prepared, according to Clerk & Lindsell, to apply the remedy of conversion to «any document which is specially prepared in the ordinary course of business as evidence of a debt or obligation»... The reliance on a document or some other tangible token of the existence of the obligation may be understandable as a relic of the history, but it is not principled.

Some of the particular duties which it had been suggested would follow — a duty not to close the home without regard to the European Convention on Human Rights (the Convention) right to a home of publicly funded residents, and perhaps even a duty to give priority to accepting such residents into the home — fitted uneasily with the ordinary private law freedom to carry on operations under agreed contractual terms, even accepting that, if the Convention applied, a private care home would be able to invoke that freedom as a relevant factor under Art 8 (2).

California law requires criminal negligence, which is a much higher standard than ordinary negligence.

The new Colorado laws clarify that â $» where the parents» combined monthly adjusted gross income is less than $ 850 â $» the ordinary $ 50 monthly minimum support child support order is not appropriate in cases of shared parenting (i.e., those cases in which each parent has a minimum of ninety three overnights with the children).

The court held that by charging a separate fee for closing services in an ordinary real residential real estate transaction which presented neither difficult nor doubtful questions, the broker did not engage in the unauthorized practice of law.

Some tax law experts say Trump could unilaterally end the so - called «carried interest» loophole, which enables fund managers to pay a tax rate as low as 20 percent — roughly half the top rate for ordinary income.

Soviero v. Carroll Group International, Inc. (27 A.D. 3d 276)- salesperson asserted causes of action for breach of an oral employment agreement, for wages, statutory liquidated damages and statutory attorney's fees under the Labor Law, for conversion and conspiracy to commit conversion by the broker and punitive damages for intentional tort; order dismissing all causes of action except the breach of contract claim affirmed; salesperson was fired by the firm and was no longer an «employee» or a «commissioned salesman» of the brokerage firm after her termination, such as would entitle her to wages or a commission; conversion cause of action fails as salesperson must have exercised ownership, possession or control of the property in the first place which she never had such ownership; no viable claim for punitive damages which are not recoverable for ordinary breach of contract