Sentences with phrase «under the common law system»

Private prosecution of crimes has become increasingly uncommon under common law systems, which have increased deference to public prosecutors.

Canadian law is adjudicated under a common law system, with the exception of Quebec.

Under the common law system, opinions from courts above form binding precedent.

What perhaps did not receive adequate attention by the Court of Appeal is that Obeah has an extensive history of persecution by the British Crown, specifically under the common law system, especially during periods of slavery and colonial discrimination.

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.

Not exact matches

What we have had in British political life under British common law is a procrustean class system, one of the most fixed in the world, confirming aristocratic and plutocratic class rule, rigidly preventing the overwhelming numbers of the lower class from gaining equality, representation in government, decent working conditions, the right to union organization, suffrage, and acceptable living standards until the end of the nineteenth century.

New York committed to the evaluation system and to controversial Common Core learning standards under the federal Race to the Top grant and in waivers under the broad federal No Child Left Behind education law.

The governor has had DFS looking into the Common Retirement Fund, the $ 178.6 billion pension system for which Mr. DiNapoli is the sole trustee under state law.

There isn't one specific provision in the California constitution that's violated, exactly: Rather, the court identifies three «pertinent» clauses in the constitution: a guarantee of equal protection under the law, a provision ordering the legislature to encourage «intellectual [and] scientific improvement,» and a requirement that the legislature «provide for a system of common schools.»

Under Canada's common - law legal system, driving in semi-autonomous mode isn't much different than operating a vehicle with cruise control, says the brief issued by Borden Ladner Gervais.

Under both common law and civil law systems, those responsible for harmful actions can only be held liable if their actions infringe a legal standard, such as negligence or nuisance.

Under the principle of «One Country, Two Systems» enshrined in Hong Kong's Basic Law, Hong Kong enjoys autonomy from Mainland China in respect of, inter alia, its own common law system based on the rule of law, which operates, favourably, in both Chinese and EngliLaw, Hong Kong enjoys autonomy from Mainland China in respect of, inter alia, its own common law system based on the rule of law, which operates, favourably, in both Chinese and Englilaw system based on the rule of law, which operates, favourably, in both Chinese and Englilaw, which operates, favourably, in both Chinese and English.

English common law is the most widespread legal system in the world with 30 % of the world's population living under its rule, according to new research by Professor Philip Wood, special global counsel at Allen & Overy, and author of Maps of World Financial Llaw is the most widespread legal system in the world with 30 % of the world's population living under its rule, according to new research by Professor Philip Wood, special global counsel at Allen & Overy, and author of Maps of World Financial LawLaw.

In addition to devising the MPT - Matrix ™ system for common law office tasks and the MPT, and the Under - Here - Therefore ™ legal writing system for the essays, Dr. Gallagher has developed other new methodologies.

Family law disputes and brushes with the law under the Provincial Offences Act likely constitute two of the most common ways people come into contact with the legal system (I'm not counting here going to a lawyer to have a will prepared or to buy or sell real estate).

Honestly, in this case, I'm not sure that there are material differences between common law and civil law systems or law v. equity, so much as there are differences between particularly countries regarding how child welfare is protected when there is a concern that a parent is acting in a way that harms a child's welfare under relatively recently adopted statutes.

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It was no surprise that, by introducing this measure, Italy was in breach with its obligations under EU law and in particular the Sixth Directive on the common VAT system (Directive 1977 / 388 / EEC).

In the Canadian legal system, Aboriginal title is recognized as sui generis, meaning it is the unique collective right to use of, and jurisdiction over, ancestral territory and is separate from the rights of non-Aboriginal Canadian citizens under common law.

Notably, however, even the dissenting judges recognized that the «historical common law right to strike is a fundamental component of our legal system insofar as it reflects the idea that employees have no obligation to continue to work under conditions they consider to be unsatisfactory: no legislature can force an individual or a group into servitude».

Additionally, the European system of discovery is fundamentally very different as they operate for the most part under a civil law system while the US relies on common law.

Three cases that are making their way through the Ontario court system have a few things in common: they're all recent, all under the Class Proceedings Act, they're all significant claims and they all name prominent Toronto law firms as defendants... [more]

Hong Kong has also retained its common law system under the «One country, Two systems» principle and has a robust regulatory regime and transparent taxation scheme.

Legal claims brought against a Sovereign State or its instrumentalities by a foreign investor under a bilateral or multilateral investment treaty, or a contract or a domestic investment law, require a legal team of the highest international caliber: with great expertise in international law, a deep understanding of the civil and common law systems, extensive experience in the various fora and rules under which claims are raised, an enhanced capability to analyze complex facts and industries, broad language abilities, and sensitivity to political and cultural issues in the various regions of the world.

This last objection, to permitting the common law to stand as a system parallel to the Criminal Code, is also reflected in our Charter as a principle of fundamental justice under section 11 (a) wherein a person charged with a criminal offence has a right to be informed of the specific offence without delay.

Honestly, in this case, I'm not sure that there are material differences between common law and civil law systems or law v. equity, so much as there are differences between particularly countries regarding how child welfare is protected when there is a concern that a parent is acting in a way that harms a child's welfare under relatively recently adopted...

Prior to Mabo, the indigenous system of law and culture was [deleted: seen as inferior to the Western system, and indigenous property rights were vulnerable to extinguishment or impairment under] not recognised by the common law.

Prior to the Mabo decision, the Indigenous system of law and culture was seen as inferior to the Western system, Indigenous property rights were vulnerable to extinguishment or impairment under the common law.

Time and attention needs to be given to ensuring traditional owners understand their rights and interests within the native title system, such as procedural rights to comment on or object to future act processes under the future act regime, the right to negotiate in relation to the grant of mining permits, the exercise of native title rights, and the right to protect such rights from breach through common law remedies.

The next question was whether these functioning legal systems can be recognised under Canada's common law.

After finding approximate common law equivalents for these core concepts of traditional law and custom (and denying some interests for which no equivalent can be found) the Court then determines the extent to which the creation of rights to control access to land under the non-Indigenous property system would extinguish them.

While some national jurisdictions readily incorporate customary law, or aspects of it into their legal landscapes, (127) most countries colonised by imperialist European nations in the latter half of the last millennium transplanted their own common law systems to the lands they settled and continue to operate under a singular common law system.

But, if I am correct, what comes from the Quebec legal system vis a vis any kind of decision in this case really has no bearing upon the rest of the country, wherein, as Carolyne said, provincial regulations and rules, even enacted under English Common Law, may fly in the face of one another.