Sentences with phrase «doctrine does»

Next, the court considered the Sellers» argument that the comparative fault doctrine does not apply to negligent misrepresentation cases.

2nd Circuit: First sale doctrine does not apply to foreign - made works — Importer is copyright infringer: John Wiley & Sons Inc. v. Kirtsaeng (Copyright Litigation Blog)(IP Spotlight)(EFF)(IPKat)(IPKat)

In New Mexico, the assumption of the risk doctrine does not act to completely bar a plaintiff's lawsuit but instead is factored into the comparative negligence analysis.

For this reason, the CJEU decided that the acte clair doctrine does not hold and the court of last instance (Portuguese Supreme Court) was under an obligation to refer a question.

In the current case where we are counsel for the Debtor in Possession, the Debtor has developed a platform to resell digital music; however, the Debtor received an adverse ruling from the US District Court in New York holding that the first sale doctrine does not apply to the resale of digital music.

I agree with this assessment of the damage the incorrect statement of the Fair Use doctrine does to the newspaper's credibility when it analyzes other issues.

Citing Doherty J.A. in Brown, the Court of Appeal noted that the ancillary powers doctrine does not authorize the police to exercise power on «the mere possibility of some unspecified breach at some unknown point in time».

While the stupid video is definitely protected by the First Amendment, the Fighting Words Doctrine does get close to the reasons why so many people think it should be bannable.

Lord Sumption emphasised that the doctrine does not apply merely because the subject matter discloses that a state acted unlawfully, and there are further public policy exceptions under fundamental human rights and fundamental norms from which no derogation is permitted.

However, the case was appealed and while the appeal court ultimately decided that the separation agreement was void as against public policy, it also noted that courts needed to use caution in finding contracts to be void as contrary to public policy so that the doctrine does not «unduly impinge on the basic right to enforce engagements freely and voluntarily made.»

Well, that went away on appeal because the «tort of another» doctrine does not operate to confer fee recovery against some members in a multiple tortfeasor situation.

Here's what might be confusing you: copyright's fair use doctrine does look at whether the use is personal vs commercial.

Bush's interventionist doctrine doesn't cover non-strategic countries.

That's why the right of first sale - doctrine doesn't apply to them, which in plain English means that you can't do what you want with an ebook just because you payed for it.

Based on evidence from state courts, where its application is wildly uneven in remarkably similar cases, the political question doctrine does not have much force of its own.

The responsibility to protect doctrine does not change this position in any way.

I thought that some of us could make reasonable points that would gradually show people that the Emperor has no clothes, but it is clear the Arsene Doctrine does not allow for that.

This evangelical doctrine doesn't correspondent neither with the opinion of the Bible nor ecclesiastical history.

This doctrine does not differ greatly from Whitehead's.

This particular doctrine does not tell us how the world actually came into being, but seeks rather to convey the implications of the fact that we stand as responsible beings before God.

Doctrine develops but doctrine doesn't change.

So let me try and get this straight, if religious doctrine does not define some practice as against the law or evil but yet the laity performs these unlawful acts, it keeps the church free from culpability?

The FCC has ruled, however, that the fairness doctrine does not apply to the broadcast of religious material because religion has not reached the level of social controversy.

For him the development of doctrine does not simply derive from progress in thought and ideas, but is an aspect of the deepening in being and communion of both mind and heart which is the gift of God to his Church in Christ.

Whitehead's doctrine does not seem to square with his own view that there is an element of conflict and exploitation in the very structure of life.

It is conceivable that Aristotle's account could be filled out to provide reference to individual as well as immanence of form, but if we take it as it stands, it would appear that the doctrine does not establish how one individual substance can be present in another.

While doctrine does have its place, it begins with love; love does not begin with doctrine.

There is no question here of discussing the point that within certain limits even the teaching Church in its doctrine does not always and absolutely have to be preserved from the outset from every error.

For him the development of doctrine does not simply derive from progress in thought and ideas, but is an aspect of deepening in being and communion of both mind and heart with God in Christ, which is the work of the Holy Spirit in the Church.

Also, doctrine does not change, only what people choose to follow at one time or another (being God's word and all, its immutable, should you believe the Bible).

One can accept an element of this if this doctrine does nt go so far as to have God decreeing some to believe and others not to believe.

If this were not the case, then Satan would have the powers of an independent omnipotent being, something Christian doctrine doesn't allow.

Which tenet of doctrine do you wish to give up, god's infallibility or free will?

It's nice to see that there are some clear - headed, intelligent, progressive people in the Catholic faith who understand that thousand - year old doctrines don't always translate into appropriate, actionable advice in the modern world.

Just because a religion heavily relies on moral teachings to support is extracurricular doctrines does not make it true to Jesus» teachings in the whole.

Hence no form of positivism can provide an evasion of the decision to be made.4 Nor can any other doctrine do so.

What doctrine do Atheists have?

«Spiritual doctrines do not actually limit the mind as do materialistic denials.

It is important to remember that this eugenic doctrine did not originate with the Nazis.

If disagreements about doctrine do not strike at the heart of Christianity, then mutual tolerance is called for.

Religious leaders must maintain the doctrines of the community, it is suggested, so long as such doctrines do not get in the way of the truth.

Would God say, «No, I am not going to listen to the prayers of such and such a group, because they wiped out nations in my name, because they build unjust social structures in my name, because they have gone to war in my name, because they don't call me by the «right» name, or simply because their doctrines do not quite correspond to who I am»?

Being certain about some issues and doctrines does not equal whole truth.

Our doctrines do, however, need to be communicated in a modern and effective manner.

So, how much of this Mormon doctrine do we now adapt in our Protestant faith?

The appellate court decided that the doctrine did apply to appropriate contractual cases, validating the same result reached by the Los Angeles County Superior Court's Appellate Division in De La Hoya v. Slim's Gun Shop, 80 Cal.App.3 d Supp.

What is now known as the living tree doctrine did not begin to surface until the 1970's, 25 and did not become the dominant form of constitutional interpretation until the 1980's.

Well, the tort of another doctrine did work as an exception to the American Rule and did provide a basis for fee

They informed the Court in witness statements and / or oral submissions that there was no such defence available because first, the doctrine did not apply in the DIFC and secondly, even if it did, it had clearly been waived.

Finally, the Tribunal found that the doctrine did not amount to discrimination against pharmaceutical innovators or foreign patent holders.