Sentences with phrase «common law definition»

In Halpern the Hyde v Hyde common law definition of marriage was reformulated, while in Re Marriage Cases ss 300 and 308.5 of the California Family Code (resembling Matrimonial Causes Act 1973 (MCA 1973) s 11 (c) in their effect) were struck down.

The 80 minutes of occasionally spirited argument at the high court this morning focused on the two main issues in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the court is the right venue for resolving this dispute), and that the common law definition of nuisance can support suits over greenhouse gases.

While this may have been true years ago under the common law definition of the crime, burglary can occur at any time of the day.

The tribunal agreed to hear the case, accepting McCormick's argument that being an employee extended beyond the common law definition.

The Ontario Court of Appeal dismissed the appeal, holding that the common law definition of marriage offended the equality rights of gays and lesbians under s. 15 of the Charter in a manner that could not be justified in a free and democratic society.

In the Same Sex Marriage Reference, the Supreme Court addressed several questions the government asked regarding draft legislation to change the common law definition of marriage.

In many jurisdictions assault is a crime defined by statute, however, we'll use the common law definition «an attempt to initiate harmful or offensive contact with a person, or a threat to do so.»

[6] With no factual or expert evidence admissible on the motion, the Court noted that «a Rule 21 motion is not the appropriate vehicle» 7 to decide whether the common law definition of absolute privilege should extend to statements made by municipal councilors in council meetings on the basis of necessity.

The tribunal accepted McCormick's argument that being an employee extended beyond the common law definition.

@cpast The tags say «common - law»; what I have given is the common law definition which still applies in say New South Wales.