Sentences with phrase «existing case law»

Most North American law schools use the case method — the reading of existing case law — to discuss and promote the identification and study of legal issues.

It then reviewed existing case law and journal articles.

Is there existing case law as to whether parts of an older constitutional document can be found unconstitutional in light of newer constitutional documents?

Rather, the judgment develops and adapts existing case law, applying it to unusual facts.

[45] My conclusion that spousal support ought not be terminated in the context of this case is consistent with existing case law which supports the obligation to continue spousal support payments at a reduced amount, notwithstanding the payor's desire to retire, or the payor's difficulties in finding work: see Boston v. Boston, 2001 SCC 43; Lochhead v. Lochhead, 2014 BCSC 962; Young v. Young, 2011 BCSC 887; Chalmers v. Chalmers, 2009 BCSC 517.

With a few minor exceptions, this bill doesn't modify existing law so much as codify existing case law and / or organizing existing statutes.

While projects such as Bailii do provide the ability to search through large amounts of existing case law for free, Sheridan argues that simply publishing the text of judgments is no longer sufficient.

Taking into account the very limited number of cases where an application to set aside has succeeded on «Barder» grounds it remains to be seen how these proposed changes will correspond with existing case law.

The fact that the document is created electronically as opposed to as a hard copy can make no difference... if a party or a party's agent sending an e-mail types his or her or his or her principal's name to the extent required or permitted by existing case law in the body of an e-mail, then in my view that would be a sufficient signature.»

Stevens explains that while judges are obliged to take the country guidance into account, existing case law from a 2011 tribunal ruling clearly states that Eritrea is not a safe country.

Both Fleckner and Fisch say they think existing case law provides some indication on how courts may come down on the at - issue rule.

Judge LeBlanc stated in his decision that existing case law erroneously limited the application of s. 121 to restrictions such as customs duties or interprovincial tariffs.

Our team will research existing case law and California criminal statutes to determine the best way to approach your case.

Nonetheless, to have them established by the Court building up on the already existing case law is a first important step towards predictability and legal certainty.

The President applied existing case law, for instance with regard to continuing interim removal of children from their parents» care (paras [39]- [46]-RRB-.

Existing case law shows uncertainties in this respect.

One interesting twist to the discussion was an examination of how some of the proposed amendments to the Federal Rules of Civil Procedure will impact existing case law regarding the use of technology - assisted review.

And, under existing case law, the Michigan bill looks really dubious.

You simply can not use existing case law to determine liability because you have not determined the massive unexamined liability of the existing system.

The company refused to waive LPP over the product of the investigation or to accept that LPP could not apply on the basis of existing case law.

there is nothing under EU or domestic legislation, or existing case law which prohibits the interpretation this way, and

Most of these changes merely codify existing case law or rules of civil procedure.

The English court said that the sender's automatically inserted email address did not constitute a signature, not being intended as one, but «if a party or a party's agent sending an e mail types his or her or his or her principal's name to the extent required or permitted by existing case law in the body of an e mail, then in my view that would be a sufficient signature for the purposes of Section 4 [of the Statute of Frauds].»

Mr Justice Underhill's rejection of the alleged «ordinary office practice» of obtaining the client's signature to a draft and subsequently transferring it to a final version is entirely consistent with the Law Commission's conclusions on «authenticating intention», and with existing case law.

There's no existing case law to guide procedure, so new ways of handling the issue will be devised as hearings take place.

Until that day, this existing case law is the best guide we have for projecting the viability of future gun laws.

The existing case law doesn't involve federal elections.

That's why you hire someone like Marc J. Randazza: because a great lawyer thinks outside the box of existing case law and looks to intents behind the laws.

Predictive algorithms in law are currently being trained exclusively on existing case law.

On the other hand, the Advocate General had taken quite some care to integrate his proposal into the existing case law, and to provide a rather comprehensive solution to the various issues presented in the case.

The Court started off noting that based on existing case law, Article 1111 - 3 of the Code du travail was clearly incompatible with Article 2 lit.

According to Grace, the existing case law on the issue shows «courts have taken a dim view of impeding in any way the progress of a civil suit, and will do so only in the rarest of circumstances.»

The Court distilled the following test from the existing case law:

The Court of Appeal stated — with regard to the existing case law which arguably supported such distinctions — that it was time for «a line of some sort to be drawn and a fresh start made at any rate for cases arising in an international commercial context» (para 17).

While it may require «a significant extension» of the existing case law for Lesotho's courts to recognize an Aquilian claim by the investors, it sufficed that this was an avenue open to them.

Act 93 prevents the courts from adopting the new Restatement (Third) of Torts by codifying the existing case law.

Wife seems to ask this Court to create a rule that income should never be imputed on the basis of eligibility for government benefits; however, a bright - line rule is not only unnecessary in light of existing case law, but also inadvisable.

According to the existing case law, persons travelling for business, medical treatment and education are to be considered passive recipient of services protected by article 56 TFEU.

The Court of Appeal recently considered the existing case law and some potential ambiguities following the three day trial of Lougheed v On the Beach [2014] EWCA Civ 1538, [2014] All ER (D) 299 (Nov).

The EAT noted that the existing case law on «without prejudice» did not apply to the issue of protected conversations under s. 111A.

At the very least, the termination clause should be measured against the existing case law and the specific requirements in the applicable employment standards legislation before any firm conclusion is reached.

But independent contractors are not considered employees for the Michigan No - Fault Act based on existing case law.

Some intervenants in the advisory proceedings warned against such a broadening of the existing case law (e.g. Argentina).

The termination clauses in the employment contracts at issue in these cases appeared, on their face, to be valid and enforceable in light of the prevailing legal principles and existing case law.