Sentences with phrase «basic notions»

In such cases, plaintiffs are permitted to «jump the evidentiary gap»... That is because to deny liability «would offend basic notions of fairness and justice»: Hanke v. Resurfice Corp., para. 25.

In those exceptional cases where these two requirements are satisfied, liability may be imposed, even though the «but for» test is not satisfied, because it would offend basic notions of fairness and justice to deny liability by applying a «but for» approach.

While the two legal systems generally share the same core values and principles and basic notions of rule of law, there are some major differences between the two systems.

While the two legal systems generally share the same core values and principles and basic notions of rule of law, there... Continue reading →

In such cases, plaintiffs are permitted to «jump the evidentiary gap»... That is because to deny liability «would offend basic notions of fairness and justice».14

In the same book, Farrow makes a number of arguments against what he refers to as the privatization of civil justice, such as the impoverishment of common law when cases are removed from the public system (this dovetails with Simpson's work), the use of a private (thus, confidential) system to circumvent public policies, public accountability, and basic notions of procedural fairness, and the shielding from the public of transactions that would not withstand public scrutiny.

You must convince the court that a ruling or decision in your client's favor is not only legally correct, but comports with basic notions of justice, due process and fair play.

Where these two requirements are satisfied, liability may be imposed even though the «but for» test is not satisfied, as it otherwise would offend basic notions of fairness and justice to deny liability by the rigid application of the «but for» test.

In terms of procedural fairness, the conduct of the Tribunal «must be sufficiently serious to offend our most basic notions of morality and justice» and judicial intervention is only warranted when «the Tribunal's conduct is so serious that it can not be condoned under the law of the enforcing State» (para 65).

[63] In summary, having regard to the over-arching policy that the material - contribution test is available only when a denial of liability under the but - for test would offend basic notions of fairness and justice, I agree with the following statement made by Professor Knutsen in setting out his conclusions (at 187):

Thus we can deduce from the Apollo Alliance's sales pitch that they think their customers will be motivated by basic notions of equity, and will consider a situation in which they are profiting at the expense of others (ie, by using fossil fuels, the greatest harms of which will afflict the poorest globally) undesirable.

Chapter 1 introduces the basic notions, gives examples of use of Chu spaces, points out some interference properties, and proves that functions between Chu spaces are continuous if and only if they are homomorphisms.

Made of three projecting beams, it embodies the universal and basic notions of dimension: height length, and depth.

Action Oriented Combat Mechanics — The game is changing the established rhythm of MOBAs as well as some of the basic notions of game play.

He said, «Choice represents a return to some of our most basic notions about education.

The success of the center must be conditioned by three basic notions:

The success of the center must be conditioned by three basic notions: non-profit organization, transparency, and independence.

It seemed to violate basic notions about the nature of time and of cause and effect.

W: The difficulty with ideas like Prey is that they tend to ignore some very basic notions, like the logic of size.

If they are right, basic notions of the universe going back to Copernicus would need a radical revision (page 58).

For a dollar or two apiece you can sew cheap cloth diapers from old t - shirts plus basic notions like elastic and Velcro.

Indeed we know from physics that, as we dig deeper, the basic notions become very abstract, i.e., non-intuitive.

And this need not be felt to be surprising, if one takes into account that basic notions of order tend to be among the most strongly retained features of our thinking.

As with cannibalism we are confronted with the most direct challenge to basic notions about the dignity of the human form.

Once more exploring the evidence of the old sources in the Book of Judges, to our astonishment we find neither of these supposedly basic notions of Israel's common life.

One of the basic notions that undergirds the new and emerging vision is the resounding importance of the ontological principle, whereby there is but one kind of res vera.

Again and again in writings, he has traced historically phases of development in Western (Greek and Christian) and Indian (Brahmanic, Hindu and Buddhist) religious thought, and has analyzed in systematic fashion basic notions in Hinduism and Christianity.

I assume that the word «character» (also a problematic term) might also point to what is intended by the expression «inner being,» and that such words as unselfish and selfish, helpful and unhelpful, friendly and hostile, open and bigoted, would be more particularized variations of the more basic notions of loving and hating.

Whitehead believes that Plato discovered those general ideas which are relevant to everything that happens: The Ideas, the Physical Elements, The Psyche, The Eros, The Harmony, The Mathematical Relations, The Receptacle.30 In adapting Plato's seven basic notions Whitehead takes «the notion of actuality as in its essence process «31 as his starting point.

If my observations are true, then the main aim of Hartshornean (and also Whiteheadian) metaphysics is not so much a search for truths about reality, as a redefinition of our basic notions of fact, truth, experience, and reality.

The basic notion of triangulation is that you can figure out a location if you know its distance relative to three distinct points.

«The laws have changed, but the basic notion that lending should not be used as an instrument of advantage - taking is deeply embedded in our collective consciousness,» she wrote on the bureau's blog prior to the meeting.

For example, the Law at times seems to set out as its standard a basic notion of equality.

First and foremost, one must challenge that basic notion dependent upon a simplistic transferral of science's evolutionary model to spiritual history.

The basic notion of a subject as distinct from an object is I feel therefore I am: I know I am a subject because I have feelings.

Joseph Rosen confirms asymmetry is the basic notion in physics (PS 26 318-323).

The most widely studied set of quantum numbers is that for a single electron in an atom: not only because it is useful in chemistry, being the basic notion behind the periodic table, valence (chemistry) and a host of other properties, but also because it is a solvable and realistic problem, and, as such, finds widespread use in textbooks.

Leeuwenhoek rejected the basic notion, but he could not disprove it.

Doing so would also help serve to elevate the socioeconomic status of more students instead of maintaining social advantages, as some college officials worry is happening.3 Long writes, «There is a basic notion in this country of opportunity: Your parents» income (or lack thereof) should not dictate your station in life.»

It goes beyond the basic notion of having strong muscles or only being strong.

The scientific aspects of the film are probably not going to impress many who have a basic notion of science, especially in astrophysics, or just in common sense as far as how our technological advancements (especially in space travel) will probably progress in the next 50 years or so, but to judge it on that level will probably ruin the rumination on the film's larger questions regarding humanity and its right to existence.

After all, this basic notion is the reason for thousands of years of selective breeding in the dog world — it's why we've been able to develop specific lines of dogs who are consistently driven to retrieve things, herd sheep, guard our homes, or track rabbits without any formal training at all.

The basic notion that you've seen all but one of the sub-missions by the time you've completed the first assassination is a chilling fact about the sheer lack of variety Ubisoft Montreal has offered up in piece of software that is otherwise revolutionary.

People who do not accept human - caused climate change generally believe that a large fraction of scientists disagree with the basic notion of man - made warming.

But assuming these responses reflect the feelings of voters nationwide, they contradict a basic notion of modern Republican ideology: More government is almost always bad, especially if the government activity in question looks anything like picking winners and losers.

It drives home the basic notion that while natural gas emits half as much carbon as coal, it still produces twice as much as alternative fuel sources.

The basic notion that journalists should go beyond mere «balance» in search of the actual truth hardly represents a novel insight.

However, they all recognize the basic notion that a defendant has the right to be free, at some point, from stale claims and the increasing jeopardy of fading memories and lost evidence.

On its literal wording, section 121 has an enormous potential breadth, and the basic notion of applying the criminal law with restraint suggests that if the clause's objective has to be limited to protecting the appearance of impropriety, as it makes no sense to criminalize transactions that do not compromise that appearance.

Therefore, when we refer to the term «critical illness insurance», it's going to describe the basic notion of paying into an insurance policy so money can be received if you were to suffer from a qualifying illness or injury listed in the policy itself.