Sentences with phrase «decided legal principles»

The disagreement does not involve a direct disagreement on the issue at hand but a disagreement on the true or correct application of previously decided legal principles.

Not exact matches

Well, but we have to decide this case pursuant to a generally applicable legal principle, and that legal principle is one, it seems to me, that demands some sort of a limit.

Finally a government may just decide to make it legal in a bid to secure votes, it's not the most principled thing to do but similar things have happened before.

As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of constitutional law «based on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the issue based upon «her or his own worldview?»

The Advocate General decided to first tackle the more principled questions of horizontal effect and of the legal effect and justiciability of Charter principles implemented by a directive before examining the practical case at issue.

Why would the EU itself be able to decide exceptions to the principle of legal autonomy, which all countries that accept the jurisdiction of international tribunals do?

Moreover, just weeks after St. Simons and RFF were decided, the ABA House of Delegates passed a resolution urging all «federal, state, tribal, territorial and local legislative, judicial and other governmental bodies» to support applying the attorney - client privilege to protect from disclosure «confidential communications between law firm personnel and their firms» designated in - house counsel made for the purpose of the rendition of professional legal services to the law firm» and to reject any claim that conflict of interest principles or the «fiduciary exception» undermine that claim of privilege.

At issue may be whether or not the facts lend themselves to a legal principle, which the trial judge may decide applies or not.

It can not decide cases according to abstract and unsullied legal principles.

However, as EU legal professional privilege is part of the rights to defence in Commission competition investigations it would be inconsistent with the fundamental nature of the principle if the subject of the investigation were to lose the protection of privilege by virtue of deciding to terminate its relationship with its lawyer and instruct new counsel.

Future work (para 115) includes «describing substantive legal principles, including equitable principles, for deciding cases and making awards».

The practice is incompatible with a precedent - based legal system because it is inconsistent with the doctrine of stare decisis — when a court has decided a principle of law applicable to certain facts, it will apply that principle to all future cases where the facts are substantially the same.

The judge also found that, based on the «competence - competence» arbitration legal principle, the arbitrator should first decide questions of jurisdiction.

However, because these orders aren't exactly laws requiring ISPs to adhere to net neutrality principles and are instead regulations that block ISPs from government contracts if the do decide to block or throttle traffic, these orders may actually exist within a legal loophole.