Freston says that he pursued
the case out of principle and has promised to give any reimbursement he receives to charity.
Not exact matches
In the
case of the marbles in the box, other
principles of order were also at work, such as the
principle that caused the marbles to seek
out the configuration
of lowest energy.
In any
case, even if what you said it's true and evolution and all scientific
principles tomorrow were found to be strong,
out still would not be evidence
of a god's hand in anything.
I am speaking
of... what every one must know in his own
case: how difficult it is to command himself, and do what he wishes to do; how weak the governing
principle of his mind is, and how poorly and imperfectly he comes up to his own notions
of right and truth; how difficult it is to command his feelings, grief, anger, impatience, joy, fear; how difficult to govern his own tongue, to say just what he would; how difficult to rouse himself to do what he would, at this time or that; how difficult to rise in the morning; how difficult to go about his duties and not be idle; how difficult to eat and drink just what he should, how difficult to regulate his thoughts through the day; how difficult to keep
out of his mind what should be kept
out of it.
In the
case of the individual living bona fide in invincible error, moral theologians have worked
out useful
principles which make life easier regarding the practice
of the confessional, admission to the sacraments and so forth.
So sure as we make interest necessary in this
case, as sure we root
out virtue; and what will then become
of the genuine
principle of freedom.
Without minimizing the great complexity
of issues in most concrete
cases, which make snap judgments
out of order, some
principles can be affirmed.
The so - called Tridentine rite,
of course, far from being «medieval» has roots deep in pre-medieval antiquity (it is in any
case a strange view
of history in which the Counter-Reformation took place in the middle ages), and is a living manifestation
of the Newmanian
principle of development, wherebya process
of continuous change is inevitable if the essence
of the Church's faith is to remain the same: for, as The Catholic Herald pointed
out in its admirable leader, the reforms
of Pope St Pius V, enshrined in the Missal
of 1570, itself containing ancient elements, «were inspired by the Council
of Trent.
It is true, as Hall points
out, that for Whitehead ordering
principles are «immanent» within particular occasions (see UP 261 - 70), but in most
cases those ordering
principles also reflect the «mutual relations»
of individuals, as well as the «community in character» pervading groups or societies
of individuals (AI 142).13 This is particularly true
of persons: the relations between occasions which constitute the human body and brain, and the «community
of character»
of the succession
of personal experiences, give an essential element
of unity to human experience.
Recently a college sophomore wrote: «We came as freshmen, with our pills — some
of us just in
case we should want them, some
of us
out of principle — to be free to experiment.
My view is that a
principled case can and should be advanced for the third
of the options — that
of a written constitution (a statement telling us in exemplary form only what we might have) being «a document
of basic law by which the United Kingdom would be governed, setting
out the relationship between the state and its citizens, an amendment procedure and elements
of reform.»
amending the Convention to include the
principles of subsidiarity and the margin
of appreciation; amending the Convention to tighten the admissibility criteria - so that trivial
cases can be thrown
out and the focus
of the Court can be serious abuses; reducing the time limit for claims from six months to four improving the selection process for judges; setting
out a roadmap for further reform.
«The entire business
case for HS2 is propped up by the voodoo economics
principle of actually working
out a cash value for «time is money», something which the committee state is «disappointing».
«The
principle of uniformity across the European Union patria [fatherland] has already been breached in our
case pointing
out that the UK already had different border arrangements through the Schengen agreement,» he said.
«I believed that if we made a
principled case for ruling
out a VAT rise, as well as against premature cuts in public spending, it would change the course
of the election,» said Mr Balls.
In the
cases, just this last couple
of elections, where stem cell politics, for example, has been played
out in the electoral process, stem cell research is [has] done better than the winning candidates for offices; and I think, apart from that, I think that we do have a serious problem in general education
of the sciences and that accounts for the reluctance
of a large segment
of the population to accept the
principles of evolution and think that there is still a debate about it, which there isn't — and that's a problem we need to solve, — but I still think there is an incredible constituency for science in this country.
Featuring an all - star cast (and that's used a lot, but it really does fit in this
case) including a scene - stealing Clifton Collins Jr. as a pimp with
principles and Robert Forster as grumpy, heavily armed grandpa, it follows the redemption
of an alcoholic former cop (Hawkes), who discovers a dead body in a field and decides to find
out who she was and how she got there.
Talent - development expert Daniel Coyle uses
case studies
of various teams — from Navy SEALs to start - ups — to reveal
principles for how leaders can get the most
out of a group.
These pundits not only take the quote
out of context buy ignore the fact that the followers
of Graham were even before then time taking Graham's
principles and defining a bargain in a new way considering the quality
of the business and in some
cases considering what are called «catalysts» to the value
of a business.
However,
out of the 10 years they were willing to research and the 72 payments I made, they claimed that only 41
of my payments qualified because in some
cases I paid exactly what my balance due was as opposed to what was listed as my minimum
principle balance (some months I would pay way more, which decreased the monthly balanced due during the next month).
To ensure a fair and reasonable outcome is achieved in each
case, the decision will be made in accordance with the statements and
principles set
out in the Taxpayers» charter, compliance model, and the good decision - making model (which requires that the decision be legal, ethical, overt, sensible, timely and in accordance with the
principles of natural justice).
Earlier IMF papers lay
out core
principles of green tax design and focus on
case studies for Chile and Mauritius.
The question for the court in Z turned on whether the existence
of the séparation de biens took the
case out of the White sharing
principle.
In the latter
case, the General Court itself stressed how the
principle of the transparency
of EU decision - making process «can not be ruled
out in international affairs» (para 89), in this context with regard to an international agreement which may have an impact on an area
of the EU's legislative activity.
Adverse Possession, 2nd Edition, covers all aspects
of the law and practice relating to adverse possession
of registered and unregistered land, and sets
out both the general
principles and the application
of the doctrine to specific types
of cases.
Moreover, most step - by - step approaches require the novice researcher to start the information - gathering process in sources that stand literally no chance
of being cited in the written document.100 Of course, this instruction is quite understandable to the experienced legal researcher, and it is certainly based on sound principles.101 But the experienced information gatherer can't help wondering, «But if I go directly to cases, might I not find the perfect case right out of the gate?&raqu
of being cited in the written document.100
Of course, this instruction is quite understandable to the experienced legal researcher, and it is certainly based on sound principles.101 But the experienced information gatherer can't help wondering, «But if I go directly to cases, might I not find the perfect case right out of the gate?&raqu
Of course, this instruction is quite understandable to the experienced legal researcher, and it is certainly based on sound
principles.101 But the experienced information gatherer can't help wondering, «But if I go directly to
cases, might I not find the perfect
case right
out of the gate?&raqu
of the gate?»
In 2012, the Supreme Court reaffirmed and expanded on the
principles laid
out in the Gladue ruling in the
case of R. v. Ipeelee.
He appeared for the successful claimant in the recent Court
of Appeal
of Webb which set
out the
principles to be applied when a claimant beats a Part 36 offer but does not succeed on all issues in the
case.
He did so by reference to the
principles set
out by Lord Neuberger in JIH v News Group Newspapers Ltd [2011] EWCA Civ 42, [2011] 2 All ER 324, at [21], concluding that in such circumstances it could be «substantially, perhaps even grossly damaging» to the children for the details
of the
case to be made public.
However, the Privy Council
case of Dymocks Franchise Systems (NSW) Pty Ltd v Todd and others [2004] UKPC 39 is now considered the starting point and sets
out the general
principles that can be summarised as follows:
The House saw «no reason in law or logic why, leaving aside... the extreme
cases of outright dismissal or walk -
out, a contract
of employment should be on any different footing from any other contract as regards the
principle that «an unaccepted repudiation is a thing writ in water...»» The argument that the employee impliedly accepted the repudiation by working on under protest was rejected.
Although in the Mosley
case Eady J was at pains to point
out that we should not try to extrapolate general
principles from his findings, there is no question that a clear trend has developed in relation to the court's treatment
of stories relating to sexual conduct.
Nonetheless, other observers — to which I would count myself — have rather read the decision as the confirmation
of the
principles laid
out by the Court in its previous jurisprudence on the topic (see also the coverage
of the
case on this blog).
Employment lawyers will recognise this
principle expressed in the rule governing the award
of damages in wrongful dismissal
cases set
out in Gunton.
Second, the ECJ concluded that «a person who has obtained a copy
of a computer program under a license is entitled, without the authorisation
of the owner
of the copyright, to observe, study or test the functioning
of that program so as to determine the ideas and
principles which underlie any element
of the program, in the
case where that person carries
out acts covered by the licence and acts
of loading and running necessary for the use
of the computer program, and on condition that that person does not infringe the exclusive rights
of the owner
of the copyright in that program» (para. 62).
Equity was born
out of the need to introduce balance to the rigid procedures
of England's courts and the common law system based on
principles of law shaped and developed in preceding
cases.
The Commission was faced with the difficulty
of identifying the beneficiary undertakings
of the STL regime in this
case, as it acknowledged that it was in
principle possible to identify 5 major categories
of actors: (i) the shipyards offering new built vessels or construction, repair and renovation services, (ii) leasing companies offering financing facilities, (iii) EIGs chartering
out and selling vessels, (iv) the investors in those EIGs offering goods and services on a wide range
of market (except if they are individuals not exercising any economic activity, in which
case the Commission recognised that they were not covered by the Decision), and (v) shipping companies offering maritime transport services buying vessels to the EIGs through the STL system (recital 126).
However, the Court
of Appeal declined to apply Rix LJ's
principle in this context, pointing
out that his words were directed to a commercial context in which an insurance slip in skeletal form was expected to be superseded, while in this
case the draft lease was a detailed and carefully negotiated document, which was in itself sufficient to create an equitable lease.
Furthermore, it should be noted that, in this
case, the Court does not pull the general
principles discourse
out of thin air (a key criticism
of the Mangold approach).
Few litigants or lawyers would argue that this sort
of bespoke justice is anything other than a highly desirable outcome, but the end result is the fraying
of the tapestry
of the common law with inconsistent and sometimes incoherent
case law that becomes increasingly intricate as exception after exception is carved
out of general, normative
principles to meet the needs
of individual families.
Although this
case was
out of Alaska, and divorce laws can vary greatly from state - to - state, the same basic
principles apply.
(Although this is an
out -
of - state
case, our Florida accident attorneys know similar
principles apply here too.)
Overturning the first instance judge's finding, the Court set
out three
principles drawn from previous
case law, and concluded that the judge «did not attach sufficient weight to the character
of the invention as claimed in each
of the claims in issue, the contribution that its disclosure has made to the art and the need to confer a fair degree
of protection on the patentee».
In a relatively rare consideration
of the impact
of Art 8 upon financial provision, Peter Hughes QC sitting as a deputy High Court judge in M v M [2006] All ER (D) 58 (Jun) considered the impact
of an application for disclosure from a third party and set
out some useful guidance on the basis that Art 8 reinforced the
principle that an order for disclosure was an intrusion into an individual's privacy that was oppressive and unwarranted unless it could be shown to be both necessary and proportionate to the issues in the
case.
It is therefore very helpful for a single practitioner work, such as this, to gather together the most important rules, guidelines and so - called «soft law» on the subject, to set
out the key
principles applicable in each type
of arbitration, and to provide illustrative
cases from a number
of different jurisdictions and legal traditions.
The
principle stemming from this
case is clearly laid
out in the judgment; freedom
of religion is:
Even in
cases where the reason for the termination is valid, an employer could face litigation if the manner in which the termination is carried
out breaches the
principles of good faith and fair dealing.
The legal
principles for striking
out a claim were recently discussed in the Saskatchewan
case of Filson v AG Canada 2014 SKQB 164 16.
MacLean Law's Surrey spousal support remarriage lawyers explain the
principles on this thorny issue as set
out in the recent BC Court
of Appeal
case in Morigeau v. Moorey.
As a guiding
principle, the welfare
of the child as a legal term at the heart
of the system
of child and youth care is in need
of fleshing
out and has to be constantly recalibrated on an individual
case - by -
case basis.