Sentences with phrase «context of a court of law»

Eye witness accounts are something completely different, especially when you take it in the context of a court of law.

Not exact matches

The suit alleges that the law gives the Ugandans standing to sue Lively for his activities, which had a crucial nexus in the U.S. and therefore come under federal courts» jurisdiction; it also charges that Lively not only advocated bad ideas in an abstract context but helped various Ugandans conceive and manage a campaign of persecution, thus involving himself in a joint criminal enterprise.

Thus, when the Court in Casey asks that its case law be given the obedience due to the Constitution, and when it insists that, above all, it must remain loyal to its own recently established precedents, it makes a reasonable request within the context of the new constitutional regime.

In papers submitted by the UK Government last year in the case and seen by the BHA, the Government attempted to argue that there is no breach of EU law because «if a teacher brought a claim against a school (on the basis that the school, as an employer, had discriminated against them in their remuneration, for example), then the court or tribunal would consider the legislation in this wider context.

Understanding the context Additional leadership skills may be required to deal with conflict where one party has «the right» to control and manage the behaviour of others, such as parents, teachers, employers, the police and the law courts.

It's a contract, drafted within the context of the law, that states that any disputes as to its terms must be settled WITHOUT access to a court of law?

Jeff Paladina, an attorney for Dog Law Enforcement, Â explained, «Courts have said in the context of administrative inspections, criminal probable cause is not required because there is a lesser expectation of privacy.

[82]... The centrality to the administration of justice of preventing misuse of the client's confidential information, reflected in solicitor - client privilege, led the Court to conclude that the privilege required constitutional protection in the context of law office searches and seizures: see Lavallee.

By contrast, the view of the Advocate General (AG) appears much more in line with the traditional philosophy of mutual trust in the EU context: even if Member States have discretion about the means to execute the sentences delivered by their courts and even if EU law does not oblige a Member State to issue an EAW in order to prevent impunity, Advocate General Jääskinen recalls that «the principle that every penalty must be executed forms part of the rule of law» whose respect is a common feature to all the Member States of the Union (§ 102, referring to the opinion of the AG).

The Surveillance and Court Agreement of the EEA EFTA countries does not foresee a procedure akin to the preliminary reference procedure in the context of EU law.

The ECJ reminded that its role is to provide the referring court with the interpretation of EU law which it deems applicable within the factual and legal context as described by the referring court (para. 24).

The solution proposed to tackle those difficulties is nevertheless fundamentally different: the Court would intervene ex post to clarify the meaning and assess the legality of a standard as part of EU law, whereas the Parliament calls for more ex ante control mechanisms being put in place and seems to ignore the possibility of ex post judicial control in this particular context.

On such a basis, the Court considered that there are indeed provisions in the Family Reunification Directive expressly referring to national law, such as Articles 5 (1) and 11 (2) and thereby concluded that if the EU legislature intended to leave the Member States with the leeway to decide when the condition of a child being «below the age of eighteen» would be satisfied, it would have included an express reference in that context too (paras 41 - 42).

A completely different context in which the question of whether there is a «new rule» of law is when a court according to the principles of stare decisis makes a ruling interpreting the constitution in a manner different from or expanding upon previously rulings interpreting the constitution in a similar circumstance.

This is noteworthy in and of itself, as it firmly establishes the Court's jurisdiction when it comes to reviewing the EU's international agreements in light of international law, albeit indirectly in the context of ruling on the validity of the EU act approving the international agreement in question (Judgment paras 48 - 51).

The context of the second is the recent push for more class actions before the English and European courts particularly for competition law claims.

In this case, the Court found that ClientEarth could not rely on the Aarhus Convention to challenge the Public Access to Documents Regulation (Regulation 1049/2001) in order to obtain commissioned studies on compliance by Member States with EU environmental law in the context of infringement procedures.

More specifically, the question was raised in this context whether Protocol no. 16 would not threaten the autonomy of EU law and the monopoly of the ECJ on the interpretation of EU law, by allowing supreme courts of the Member States to engage in a kind of «forum shopping» between the Luxembourg and Strasbourg courts.

This is so because, in its previous case law, the Court often refers to the duty of solidarity in the context of the application of the loyalty clause stipulated in Article 4 (3) TEU (see e.g. Joined Cases 6/69 and 11/69, para. 16).

The Court noted, with reference to its previous case - law, the importance of the fundamental rights engaged in the current context, namely the right to privacy (Article 7), the right to data protection (Article 8) and the right to freedom of expression (Article 11)-LRB-[92]- [93]-RRB-.

The German patent office will most likely treat the Federal Patent Court's opinion on the photo gallery patent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new context.

For example, if Law A says that courts may review all administrative tribunal decisions on questions of fact and law, and Law B says that in the context of Tribunal X, a court may only review a decision on questions of law, Law B will clearly prevail as the more specific statuLaw A says that courts may review all administrative tribunal decisions on questions of fact and law, and Law B says that in the context of Tribunal X, a court may only review a decision on questions of law, Law B will clearly prevail as the more specific statulaw, and Law B says that in the context of Tribunal X, a court may only review a decision on questions of law, Law B will clearly prevail as the more specific statuLaw B says that in the context of Tribunal X, a court may only review a decision on questions of law, Law B will clearly prevail as the more specific statulaw, Law B will clearly prevail as the more specific statuLaw B will clearly prevail as the more specific statute.

The Court of Appeal ultimately dismissed the father's appeal all grounds, and specifically stated, that awarding damages for the father's tort claim of «involuntary parenthood» would be contrary to the spirit and purpose of the family law system and would «run against the clear trend in the law moving away from fault based claims in the family law context.»

The judicial precedent of constitutional law has evolved through a process in which courts interpret, apply, and explain the meaning and context of particular provisions and principles of the constitution during a legal proceeding.

53 According to the case - law of the Court, in order to determine whether an agreement between undertakings or a decision by an association of undertakings reveals a sufficient degree of harm to competition that it may be considered a restriction of competition «by object» within the meaning of Article 81 (1) EC, regard must be had to the content of its provisions, its objectives and the economic and legal context of which it forms a part.

In this context the Court of Appeal gave some detailed consideration to injunctions in aid of the criminal law, to issues of public nuisance, and to the ASBO legislation.

For example, Professor Adam Benforado «s new paper explores how spatial situations affect the law - related behavior and thinking of various participants in criminal cases, while another of his recent articles argues that the context of the videotape evidence at issue in Scott v. Harris had a profound and unacknowledged influence on the way the U.S. Supreme Court interpreted that evidence.

In my previous post on the topic, in the context of the current debate in Quebec, I discussed at length the meaning of euthanasia, assisted suicide, what other countries are doing, the law and the ongoing debate and court rulings.

Justice Kennedy was talking about how law review case comments generally come out too late to be of use to the Court (especially in the context of deciding whether to grant certiorari in a case).

In a civil law context there are good authorities addressing how the courts go about balancing the rights of a foetus as against the rights of a mother.

This comprehensive analysis discusses the challenges when applying such a principle in the EU context and concludes that the CJEU has positively contributed to transforming ne bis in idem from a traditional principle of procedure to a fundamental right with the result of influencing the case law of the European Court of Human Rights.

Similarly to the context of human rights law, ICS will therefore encroach on the powers of the EU courts to rule on questions of EU law.

Rona specialises in UK and EU competition and regulatory law, including in relation to securing merger clearances, market investigations, investigations of anti-competitive agreements, abuses of market power and in the context of antitrust litigation at the Competition Appeal Tribunal, the High Court, the Administrative Court and the European courts.

The appeals court considered this case within the context of New York's well - established medical malpractice laws.

There are nuances to these laws that have been interpreted differently by courts across the country in the context of retaliation claims brought by employees.

Conor's book, Reparations and Victim Support in the International Criminal Court (Cambridge: Cambridge University Press, 2012) explores the ICC's regime of victim redress and the role it plays within the context of other systems of remedies for grave violations of international law at the national and international levels.

The fairer a court perceives the document to be in general (especially in the context of local laws), the more likely it will be followed.

Because these judicial trends are of global import and are being resolved using similar legal approaches in various courts of law in Europe and North America, our aim in this article is to reflect broadly upon the worries that arise in these cases, specifically within their Canadian context but, also, as instances of a larger global privacy trend: a diminishing of informational privacy by way of said shrinking privacy expectations.

If the Court were to follow the opinion of AG Mengozzi in this particular case, this could have a serious impact on the legal landscape and context of EU immigration and asylum law.

The Indiana Court of Appeals upheld longstanding Indiana law on the application of set - off in the context of an uninsured / underinsured motorist policy endorsement.

The Court had to consider how to apply the public law principle of fairness in the context of a comparative evaluation of competing bids.

In my paper, I offer three important textual constraints that courts have, at times, ignored or marginalized: first, that the interpretation of section 7 should not extend beyond the protection of «Legal Rights» — meaning that it should only be applied in the context of the administration of justice; second, that a law should only be struck down where it «deprives» an individual of life, liberty or security of the person; and third, that the principles of fundamental justice should only concern the very basic tenets of the legal system.

Three things strike me about international law in the work of a government lawyer today: first, it is all - pervasive; second, the questions that arise and the context in which they are considered are extraordinarily complex; and, finally, I am struck by the intense scrutiny these legal issues are subjected to by states and courts around the world, academics and the public.

In Scots Law by Enid Marshall, the author explains reconvention as follows, in the context of the Scottish Court of Session:

And this morning, Peter Lattman of the Wall Street Journal Law Blog had the scoop on a «hot off the presses» ruling by federal district court Judge Lewis Kaplan, who found that that prosecutors violated the constitutional rights of a group of former KPMG partners in pressuring the firm not to advance them legal fees (I originally blogged about the matter here in the context of how much we should expect corporations to stand up for customer or employee rights when government comes knocking on the corporate door).

For example, an analysis of this concept in the context of random drug testing of students engaged in extracurricular activities where the school's common law authority is balanced against constitutional concerns about privacy under the 4th Amendment is found in the U.S. Supreme Court case Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).

This makes them quite different from normal appeals, which involve cases that arise out of specific concrete circumstances, that come with a context that has been judicially explored by the lower courts, that have an established set of relevant facts that have been tested through an adversary process, and that are essentially retrospective, arriving at general and abstract questions only as they emerge from those concrete fact and law circumstances.

In Marchese v. Marchese, 2007 ONCA 34 (CanLII) the Ontario Court of Appeal examined an agreement to med - arb in the family law context and had this to say:

The SCC wrote, recently, albeit in a different context, «Bad law, fixed up on a case - by - case basis by the courts, does not accord with the role and responsibility of Parliament to enact constitutional laws for the people of Canada.»

The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.