Sentences with phrase «between applications of the law»

Unlike AMcB, The Practice appreciated the cognitive dissonance between applications of the law and real life.

He emphasised the distinction between the application of the law and the impact of guidance from government departments, implying that the judge at first instance had not been sufficiently careful to do so.

Not exact matches

That being said I do think there is a qualitative difference between the application of religious law / edicts between Islam and Christianity.

JUDGING THE JUDGES Patrick McKinley Brennan's review «The Forms Behind the Laws» (April) begs fundamental questions of interpretation, blurs the distinction between legislating and judging, and proposes a mode of judicial interpretation that would, in its practical application, be indistinguishable from judges who make decisions based on personal preference.

Written at the latest between 1955 and 1913 B.C., this code of Semitic law reveals basic ideas and particular applications so akin to later Hebrew legislation that either direct influence or, more probably, a common heritage is indicated.

Luther's distinction between law and gospel seems to express this view, as does the vision of the twentieth «century Polish mystic St. Faustina Kowalska, which portrays a wrathful God the Father holding back from the application of terrible justice only because He sees man through the wounds of His Son.

We reserve the right, but do not undertake the obligation to: (a) monitor or review the Sites and the Applications for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and / or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; (d) manage the Sites and the Applications in a manner designed to protect our and third parties» rights and property or to facilitate the proper functioning of the Sites and the Applications; (e) screen our users or members, or attempt to verify the statements of our users or members and / or (f) monitor disputes between you and other users or to termination or block you and other users for violations of this Agreement.

However, in the application of international law, relevant norms deriving from a treaty prevail between the parties over norms deriving from customary law.»

So it's not about visa applications, but about foreigners who are already in Germany and are violating German law (how to deal with those is a point of contention between the left and the right; the right to far - right wants to «deport criminal foreigners», while the left wants to use the German justice system).

Existing law differentiates between the types of pesticides and applications that schools should use, requires notification to school communities when they would be applied, and urges school districts to voluntarily submit pest management plans when using the harsher chemicals.

SB 734 passed by the 2016 General Assembly amended the charter application section; added a section on the applicability of other laws, regulations, policies, and procedures; and amended sections relating to contracts between the local school board and the public charter school management committee to require:

These Terms, and any dispute that may arise between you and The Math Learning Center regarding the Websites or MLC Content, shall be governed in all respects by the laws of the State of Oregon, U.S.A., without regard to conflict - of - laws principles that might result in the application of the laws of any other jurisdiction.

The value of foreign investments may be affected by changes in exchange control regulations, application of foreign tax laws (including withholding tax), changes in governmental administration or economic or monetary policy (in this country or abroad), or changed circumstances in dealings between nations.

This issue is not so much about federal regulations or inconsistencies between state laws and RESPA so much as is about HUD recognizing agency representation for the borrower as a compensable service, fair and equal application of RESPA to all costs (including borrower's broker), and a formal acknowledgment that some brokers are intermediaries that sell access to money while others are fiduciaries.

MISCELLANEOUS: This Agreement (i) shall be governed by the laws of the state of Indiana, (ii) together with the Application, constitutes the entire agreement between You and Lender, (iii) except as provided in the previous sections («Amendments To This Agreement» and «Canceling This Agreement»), may not be amended, except in a writing executed by You and Lender, and (iv) shall be binding upon You and Lender and our respective heirs, personal representatives, successors and assigns.

maintaining a balance between each interdependent function of the body systems while igniting the body's own internal healing force through the application of the laws of health mandated in nature.

So if one increases the rate of downwelling IR (thereby increasing the evaporation rate) then the increase in upward energy flow caused by the fall in the temperature of that 1 mm layer will be greater than the decrease in upward energy flow that will result from any reduced temperature differential between the topmost Knudsen layer and the ocean bulk arising from the application of Fourier's Law.

As a rule of international law applicable in the relations between the parties, the Court ruled that the principle of self - determination had to be taken into account when interpreting the territorial scope of the AA in accordance with the rule codified in Article 31 (3)(c) VCLT, and that the application to Western Sahara was thus excluded (Front Polisario paras 88 - 92).

Laval law professor Mario Naccarato, in his paper «Of Couch Potatoes and Lexicographers: The Eternal Struggle Between Usage and the Imposed Neologism, and its Application to Legal Neology», 39 Rev Gen 229, talks some about neology and law.

This competition between law students makes the traditional application - advising work of law school career services staff essentially a zero - sum game.

applying the rule to lawyers is «arbitrary, capricious and contrary to law,» and that the FTC has failed to «articulate, among other things: a rational connection between the practice of law and identity theft; an explanation of how the manner in which lawyers bill their clients can be considered an extension of credit under the [Fair and Accurate Credit Transaction Act]; or any legally supportable basis for application of the Red Flag Rule to lawyers engaged in the practice of law.»

Consequently, Article 27 could not be made applicable in proceedings between private parties in order to exclude the application of a provision of national law (para 48).

We have already covered the opinion handed down by Advocate General Cruz Villalón (see here), who suggested that the Court should allow Article 27 of the Charter in combination with the Directive to be applicable and to exclude thus the application of the national norm that was contrary to EU law despite the setting of proceedings between private parties.

To the extent that the presumption of advancement is applied differently between traditional marriages, common law relationships, and same - sex marriages, the continued application of the presumption of advancement is incoherent with the legislative objective of putting all such unions or marriages on an equal footing.

But it is the skills taught in the legal writing curriculum that bridge the gap between knowledge of the law and its actual application.

In March 2014 the Ministry of Justice revealed that only eight applications out of 617 family law applications for exceptional case funding were successful for the period between 1 April and 31 December 2013.

«[The] application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment (Case 8/74 [1974] ECR 837), so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States» (Keck, para. 16)(emphasis added).

Given that the European Union's own resources include, as provided in Article 2 (1) of Council Decision 2007 / 436 / EC, Euratom of 7 June 2007 on the system of the European Communities» own resources (OJ 2007 L 163, p. 17), revenue from application of a uniform rate to the harmonised VAT assessment bases determined according to European Union rules, there is thus a direct link between the collection of VAT revenue in compliance with the European Union law applicable and the availability to the European Union budget of the corresponding VAT resources, since any lacuna in the collection of the first potentially causes a reduction in the second» (para. 26).

This tension can only be resolved by means of an express exclusion of the competence of the ECtHR under Art. 33 ECHT for disputes between EU Member States or between them and the EU which concern the application of the ECHR within the scope ratione materiae of EU law (para 213).

In this sense, unlike Mangold, Egenberger offers a methodology for assessing the application of fundamental rights in disputes between private parties that is capable of reconciling the effectiveness of EU law with national constitutional structures.

The case is thus about whether Article 1111 - 3 Code du travail is compatible with the right of workers» to information and consultation under Article 27 Charter of Fundamental Rights as implemented by Directive 2002/14: Should Mr Laboubi and the union be able to rely on EU law in legal proceedings between private parties to exclude the application of the French norm and enforce the right to information and consultation?

Further, the draftsman clearly drew a very important difference between «an appeal... on any point of law» in s 204 (1) and «the principles that are applied by the court on an application for judicial review» in s 204A (4) by using those different terms for different classes of cases in HA 1996.

Yet, despite these justifications, only in some cases is there a clear mechanism of coordination between criminal and administrative enforcement provided at national level, e.g. a mechanism precluding the continuation of administrative proceedings if there are some elements that justify the application of criminal law, and vice-versa.

Incorporation of foreign and international rules and principles will require skills of synthesis and distinguishing that are distinct from traditional domestic legal reasoning, and they may require appreciation of important differences in foreign / international legal, political, or perhaps even cultural context.63 International legal rules often play a complex role in domestic law, presenting issues of interpretation and enforceability that do not easily fit within traditional domestic United States legislative, administrative, and judicial legal structures.64 Integration or application of rules from foreign nations may be even more complex, especially where those systems are substantially different from our own.65 Additionally, there may be discrepancies between the form and function of foreign or international law that affect their proper application.

France, a decision last month of the European Court of Human Rights (Application n o 36769 / 08), is interesting in that it asserts a legally relevant tension between copyright law and the freedom of expression guaranteed under Article 10 of the European Convention, which provides:

It may be possible to identify an extricable question of law from within what was initially characterized as a question of mixed fact and law, however, the close relationship between the selection and application of principles of contractual interpretation and the construction ultimately given to the instrument means that the circumstances in which a question of law can be extricated from the interpretation process will be rare.

The distinction between «law» and «justice» is a commonplace, so application of the law does not necessarily produce justice.

In relation to EU law, the Court distinguished between the application of proportionality according to whether the measure being reviewed was an EU measure, a national measure implementing EU law, or a national measure relying upon derogations from EU law rights (such as the «fundamental freedoms» under the TFEU).

Often covers interaction between national law and EU law and has been involved in several high profile claims for damages for breach of EU law as well as applications based on the Viking case to prevent industrial action.

However, certain details need not be disclosed where disclosure would hinder application of the law, would be contrary to the public interest or would harm the legitimate business interests of public or private undertakings or could distort fair competition between those undertakings.

The new law also gives broad powers to the Minister of Public Safety to designate certain arrivals as «Designated Foreign Nationals» - a label that carries mandatory detention, accellerated timelines, restricted access to the refugee system, and draconian conditions on refugees, including a five - year waiting period between a successful claim and an application for permanent residency.

Panelists differentiated between applications for the business of law, versus the practice of law, noting that the former was realizing more benefits, for example by reducing outside counsel spend.

In Lafarge (British Columbia (Attorney General) v. Lafarge Canada Inc., [2007] 2 SCR 86, 2007 SCC 23) and Mangat (Law Society of British Columbia v. Mangat, [2001] 3 SCR 113, 2001 SCC 67) the court held that the applicability of certain provincial laws to regimes governed by federal legislation constituted a conflict between intended purpose of the relevant federal legislation and the provincial legislation that triggered the application of the doctrine of paramountcy.

Second, this blog is always on the lookout for differences in interpretation or application that the courts find between the Federal Arbitration Act and the New York Convention, especially that part that is codified as U.S. law in 9 U.S.C.. Here, the Court of Appeals states that: A «district court ‟ s primary authority to compel arbitration in the international context comes from 9 U.S.C. § 206, rather than from 9 U.S.C. § 4».

The work of international trade lawyers is split between two main areas: the application of domestic law to international trade, and treaty - based international law governing trade flows.

Yet, the distinction between interpretation and application of EU law as a matter of primary jurisdiction or as a matter of fact is irrelevant for autonomy purposes.

On judicial review to the British Columbia Supreme Court, the judge characterized the issue between Sechelt and the tenants as one concerning money, not Indian lands, and agreed that the DRO had jurisdiction to hear the dispute and apply the provisions of the Manufactured Home Park Tenancy Act because it is a provincial law of general application.

The goals of the agreement between the EU and Turkey on asylum seekers are fine, the text of the deal is in accordance with the law, but its application is currently not in accordance with human rights standards.

They said that because Sechelt's lands now have fee simple status, the lands are not «reserve lands» and provincial laws of general application, such as the Manufactured Home Park Tenancy Act, are applicable to the tenancy agreements between Sechelt and the tenants.

Ten years ago, one would had to search legal scholarship pretty carefully to find meaningful discussion of the implications of that fact (both the between market and state part, and the applications of free legal information) for law and public policy.