Sentences with phrase «in jurisprudence»

Tags: Jurisprudence, South Carolina Supreme Court Posted in Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Specific 2 Comments»
She has a 1st Class Hons degree in Jurisprudence from Oxford and an LLM.
Significantly, the ECJ was faced with the compatibility of national procedural law with the CFR, an area of law that traditionally receives great autonomy from EU law in the jurisprudence of the Court.
In the past 18 months, we have seen significant developments in jurisprudence on a variety of family law issues.
Sauer, however, did not explore the proximity issue in depth, leading Doherty J. to conclude that there is no definitive requirements in the jurisprudence for proximity in pleadings,
(And I don't just mean «practice» training; the tools with which you become a great lawyer include a really solid grounding in jurisprudence, legal history, and ethical philosophy, and not many law degrees can say they deliver that.)
Francisco holds a master's degree in Jurisprudence and Philosophy of Law and a bachelor's degree (LL.B., 2011) from the University of São Paulo (Brazil).
At the very least, in view of the need for clarification of the requirements for an effective public assumption of a private law duty of care, I consider that this is a case in which it should be held that the particular issue on which proximity turns is not fully settled in the jurisprudence within the meaning of the decisions cited in paragraph 47 above.
On the first step of the test, the duty of care must be well - established in the jurisprudence in order to negate the need for a full duty of care analysis.
One set of questions has to do with his Catholic background, the other with some public statements he has made regarding the role of natural law in jurisprudence.
There has been little discussion in the jurisprudence about what the rule of law actually entails, but since the right of access to courts is founded upon it, the principle requires definition and understanding.
I am advocating for changes in jurisprudence; in the future, we could move away from the western way of doing things, in terms of jurisprudence, to also look into African customs based in certain methods.
However, in my respectful view, the trial judge's reasons reveal a failure to consider significant factors that, as I will explain, have been identified in the jurisprudence as having a direct bearing upon whether to grant a stay in cases of this kind.
[24] The trial judge observed that, in the jurisprudence leading to a recognition of the intermediate category of dependent contractors, a finding that the worker was economically dependent on the company due to complete exclusivity or a high level of exclusivity weighed heavily in favour of the conclusion that the worker was a... [more]
He was called to the Bar at Gray's Inn in 1997 and took Firsts in both Jurisprudence (1995) and the Bachelor of Civil Law degree (1996) at Oriel College, Oxford.
Following her MA in Jurisprudence from Oxford University, Sara completed the Legal Practice Course with distinction at BPP Law School.
During her legal studies, Ms. Enenajor was the recipient of numerous awards including prizes for the highest standing in Jurisprudence, Evidence and Public International Law; she served as the editor - in - chief of the McGill International Journal of Sustainable Development Law and Policy; and she was a researcher at the McGill International Criminal Justice Clinic.
Beginning with a review of a number of leading Canadian and other common law decisions on judicial disqualification, we explore the implications of the divergent strands of thinking that emerge in the jurisprudence to improve our understanding of the Canadian jurisprudence and then move to a discussion of the substantive rules governing judicial disqualification in six categories of cases.
However, it applies in the sense that most courts follow rooted Supreme Court's opinions expressed in its jurisprudence.
Mr Justice Eady was strongly influenced by the absence of any legal protection against publication for Mr Kaye, saying that there was «a serious gap in the jurisprudence of any civilised society, if such a gross intrusion could happen without redress.»
The Federal Circuit panel of Circuit Judges Timothy Dyk, Jimmie Reyna and Richard Taranto noted that «the matter at hand reveals a gap in our jurisprudence on...
Unlike Christianity in the West, where divisive debates often have focused on theological doctrines, in Islam the most important schools of thought reflect differences in jurisprudence.
An equally large bloc felt that that was not possible once the machinery of terror and the political order were enshrined in jurisprudence.
In the jurisprudence Justice O'Connor has seemingly created, judges can validate laws by characterizing them as «preserving the traditions of society» (good); or invalidate them by characterizing them as «expressing moral disapproval» (bad).
Moral Foundations of Law: for law students and graduate students in jurisprudence, a seminar in moral and legal philosophy.
Rather, it is the existence of a certain universalistic quality in the jurisprudence, the scholarship, the media and the religion that is decisive — a universalistic quality which, precisely because it transcends particular beliefs and practices, can bring the particulars of that situation under critical scrutiny.
(It is curious that Arthur does not extend his denunciation to Justices Holmes and Black, for they, like Bork, would also be loath to engage in a jurisprudence grounded in abstract, non-textual claims of natural rights.
The Muslims of China are all Sunnis and followers of the school of Hanafi in jurisprudence.
In one unforgettable passage, Scalia compares the much - criticized Lemon test» which the Court uses now and then in its jurisprudence dealing with the «establishment» provision of the First Amendment» to a stumbling movie monster that «repeatedly sits up in its grave and shuffles abroad after being repeatedly killed and buried.»
Schumer called stand your ground laws «a whole new concept in our jurisprudence» and endorsed the possibility of congressional hearings.
«Liberty finds no refuge in a jurisprudence of doubt,» the Court said in Planned Parenthood v. Casey (1992), in a rhetorical phrase commonly attributed to Kennedy.
Gill holds a Ph.D. in jurisprudence and social policy and a J.D. from the University of California at Berkeley.
The proposed ceilings are deeply inconsistent with this constant in our jurisprudence
This two - part test summarizes the case law interpreting the phrase «arising out of the ownership, use or operation of a vehicle», and encompasses both the «purpose» and «causation» tests posited in the jurisprudence.
However, it lost the power of its conviction in subsequent cases, generating an intolerable degree of uncertainty and ambiguity in the jurisprudence.
But laudatory statements about the decision have given way to reticence as two of President Donald Trump's judicial nominees recently refused to answer questions about the decision, Slate reports in a jurisprudence essay.
First, the Court requires that the European Court of Human Rights (ECtHR) effectively respects in its jurisprudence the CJEU's findings in Melloni and thereby gives supremacy to the primacy, unity and effectiveness of EU law over fundamental rights protection under the ECHR.
2007 — 2008 Tutor in EC Law, St John's College and Balliol College, Oxford Tutor in Jurisprudence, Wadham College, Oxford
In addition to sentencing developments, we also saw advances in the jurisprudence about how criminal negligence is evaluated or determined.
The dominant strain in the jurisprudence for the past several decades has held that an intention to commit the act that breached the order is sufficient, and whether or not the contemnor intended to breach the order is a matter to be considered when determining the appropriate sanction.
In jurisprudence there are lots of terms for such situations.
It has been long recognized in the jurisprudence that one party to an agreement can not unilaterally attach to an existing agreement a term diminishing the rights of a party already established under that agreement.
References in the jurisprudence to «the inventive concept», «the solution taught by the patent», «what is claimed» or simply «the invention» are attempts to define the second point.
«The political correctness sensitivity component of this is not relevant to defamation law as it applies in jurisprudence.
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