Sentences with phrase «general application of this principle»

A more general application of this principle would allow you to predict the outcome of a case and decide if it is worth litigating in the first place; clients don't mind risk as long as it is appropriately and accurately assessed.

Not exact matches

Papal and episcopal political statements tend to the general, to principles the application of which is left to laymen, and reasonably enough.

The general principle is that the ultimate test of every commitment to ideals takes place at the bodily level, whether in the application of force by the governing powers or in the suffering of those who actively or passively resist the prevailing political order.

Although the code identified a list of banned topics, via its «general principles» («be carefuls») and its «particular applications» («don'ts»), the Hays Office couldn't stop filmmakers from skirting or ignoring its recommendations, which included: no use of profanity or depictions of nudity; no mention of drugs, perversion, prostitution, miscegenation, or venereal disease; no ridicule of clergy or creed, race or nation.

Only someone who had an absolutely unhistorical conception of the way men come to discover truth could imagine that men can respond immediately to every new situation that arises with a concrete application of their general principles to the situation.

The movement of imaginative generalization, which I have described above as the discovery of a general metaphysical principle and its repeated application and rediscovery within the diverse branches of human learning, is not intended to fulfill a condition of «complete enumeration of particulars» which would ground the affirmation that the principle is indeed of universal scope.

Hamlyn notes that «epogoge is involved in the application of general principles to cases, not just in the argument for the general principles themselves» (170).

That is an old - fashioned way of saying that episcopal competence is not the same when the bishops are dealing with applications as it is when they propose general principles.

This is significant when we remember that most of the controversial moral questions (for example, contraception) are matters of application of more general principles.

One further application of the central principle is the rule that in general food should be handled by implements and not directly by hand or mouth.

The study of the structures of religious groups should be carried on without prejudice in favor of one or the other principle of organization, e.g., the charismatic as against the hierarchical, or vice versa — and application of the general methodological requirement discussed above.

But «a moral discussion is inconclusive and even trivial, if it leaves out the question of its application,» as Gregory Vlastos has said.13 In order to be as specific as possible about this approach to Christian social philosophy I shall outline in arbitrary fashion five general principles which I suggest can be supported by the evidence of human experience as being necessary guides to the conditions under which the Good Society can grow.

Consider also the general outline of the progress in teaching in its two big divisions: first the fundamental bases of the work in the Surahs of Mecca; then the codified application of those general principles in the Surahs of Medina.

This is an application to the special case of the soul of the general principle by which social order is defined.

This text provides principles and practical applications to facilitate the inclusion of student with disabilities in general physical education classes.

In general, it is almost never fruitful to try to apply legal principles of any kind to their logical conclusion without grounding that logic in fact specific and context specific precedents and applications.

They specifically refused to take a position on where the balance should be struck between protecting inventors and refusing monopolies over procedures that others could «discover by independent, creative application of general principles.

70 While the principles of fairness and flexibility have informed the modern approach to the application of proprietary estoppel, as adopted by this Court in its jurisprudence (see Idle - O Apartments Inc. v. Charlyn Investments Ltd., 2014 BCCA 451 (B.C. C.A.) at para. 49; Sabey v. von Hopffgarten Estate, 2014 BCCA 360 (B.C. C.A.); Scholz v. Scholz, 2013 BCCA 309 (B.C. C.A.) at para. 31; Sykes v. Rosebery Parklands Development Society, 2011 BCCA 15 (B.C. C.A.) at paras. 44 - 46; Erickson v. Jones, 2008 BCCA 379 (B.C. C.A.) at paras. 52 - 57; Trethewey - Edge Dyking (District) v. Coniagas Ranches Ltd. [2003 CarswellBC 657 (B.C. C.A.)-RSB- at paras. 64 - 73; Zelmer v. Victor Projects Ltd. (1997), 34 B.C.L.R. (3d) 125 (B.C. C.A.) at paras. 36 - 37), there remains a necessary balancing between an overly broad application of the doctrine under the general guise of «unfairness» and an overly narrow application of the doctrine that places excessive weight on the technical requirements of the doctrine.

Adverse Possession, 2nd Edition, covers all aspects of the law and practice relating to adverse possession of registered and unregistered land, and sets out both the general principles and the application of the doctrine to specific types of cases.

The application of the principle of proportionality may be observed in a variety of international law settings, including cases in which the proportionality of countermeasures taken in trade disputes is challenged before a WTO Panel under the General Agreement on Tariffs and Trade («GATT»).

The quintessential work of a parliamentary ombudsman requires the application of fairness principles to the decisions, actions and general conduct of the public service.

«of general application and is therefore intended to apply, in principle, to all international agreements negotiated and concluded by the European Union in all fields of its activity, including the CFSP which, unlike other fields, is not subject to any special procedure.»

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

-- Whether the case is interprovincial or international in nature, and comity and the standards of jurisdiction, recognition and enforcement prevailing elsewhere are relevant considerations, not as independent factors having more or less equal weight with the others, but as general principles of private international law that bear upon the interpretation and application of the real and substantial connection test.

Complexity results from the inherently technical nature of the discipline, which involves the application of general principles to substantive areas of law that differ greatly in their contours and content, combined with the need for doctrine to conform to normative commitments (such as the principles of good administration and the rule of law).

In their final judgment after the preliminary ruling, the German Constitutional Court accepted — although with various caveat — the judgment of the Court of Justice, while the Danish Court declared the horizontal direct effect of the general principle as ultra vires and disregarded the application of the CJEU decision.

The general principles of contract law apply to employment contracts, but their application has been modified by the courts in recognition of the special nature of employment relationships, which can change over time.

Although possibilities for reservations, including subsequent ones, are broad (Articles 3 and 4 of the Mauritius Convention), and although ongoing arbitrations are excluded from its scope of application (Article 5 of the Mauritius Convention), the Convention will establish transparency as a general principle of international investment law.

That the appropriate reduction to the respondent's obligations remains open for determination by another application judge constitutes the kind of «unusual circumstances» that supports a departure from the general principle that the successful party on appeal be granted the costs on the proceeding below.»

The general principles of contractual interpretation are easy to state, but the application of such principles appears to be deceivingly simple, given the recent string of differing English decisions that demonstrated the various judicial approaches to contractual interpretation.

«It is insufficient that class members had an opportunity to file a general objection to what they anticipated class counsel might request as an attorney - fee award; principles of due process require that they have an opportunity to respond to the attorney - fee application that is actually filed.»

Family law problems are not resolved by the application of legal tests with bright lines; each family law problem is different and, regardless of precedent, is resolved by the application of general principles to the unique circumstances of the particular family before the court.

Case law shall complement the legal system by means of the doctrine repeatedly upheld by the Supreme Court in its interpretation and application of statutes, customs and general legal principles.

Sweeney - Cunningham v. IBG Canada Ltd. 2013 NSSC 415 Practice — Parties — Adding or substituting parties — General principles — Application of limitation periods The plaintiffs began construction of a residence in 1998.

The remarkable element in the conduct of the applicant's case, has been the sustained invocation of general principles declared in the Constitution; but no self - evident instances of interpretive fault, or of erroneous application of law, [were] laid before the Court.

«Although this is a dispute of immediate relevance only to the parties, the course of judicial resolution will establish legal principles of general application in future cases.

Accounts Payable and Financial Administration Professional — Duties & Responsibilities Develop and maintain a strong and extensive working knowledge of various related accounting principles, regulations, and applications, continuously utilizing changes to business accounting landscape within current responsibilities Apply various accounting rules and GAAP procedures to critical functions, including the review and approval of journal entries, data and financial reconciliations, cash flow and discrepancy analyses, transaction management, and other tasks Provide relevant oversight and administration to all aspects of accounts payable execution, including billing and collections, vendor file maintenance, reporting, order processing, data and financial accuracy audits, and invoice management Perform regular account and payables reconciliations and variance resolutions to ensure accurate financials and provide continuous relevant insight into the financial health of the company Manage important and sensitive financial documents, receipts, correspondence, and invoices on a daily basis, providing organization for audit assistance and execution as well as compliance with various accounting standards Perform analysis, research, and evaluation of current administrative and accounting policies and procedures, implementing change where necessary to drive corporate efficiency, manage costs, and drive revenue Facilitate the efficiency and implementation of all accounting operations from concept to execution, while coordinating actions on all daily operational and logistical aspects from corporate financial management Utilize technological resources, including software and accounting applications, to track all aspects of accounts payable and other financial operations as well as prepare important and sensitive cost, billing, and revenue documents Collaborate with respect to effective communication between all departments, including general accounting and administrative personnel, and coordinate all daily business operations with leadership staff Address client, vendor, and management queries, resolving them in an expedited manner Assist management with various other duties as assigned to facilitate efficient administration and operations