Sentences with phrase «judicial precedent»

The laws governing taxation, trade and commerce, labor relations, and governmental operations, as well as the principle of judicial precedent, are all derived from American laws and traditions.

As more disputes are mediated, the flow of civil judicial precedent will decrease.

The report gathers, in one place, existing standards and procedures, relevant judicial precedent, and the specific views of many defenders in communities around the country.

Invoking numerous judicial precedents in connection with acts of conscientious resistance during the Vietnam War era, as well as the history of civil disobedience in Western culture, Judge Sprizzo found them not guilty.

It is clear that the court was driven to this conclusion by a sense that it was constitutionally required to «proceed with caution», given the practical implications of immediate disapplication and the perceived lack of judicial precedent for such an approach.

Common Law is the system of jurisprudence originating from England, and is based on judicial precedent, rather than legislative enactments.

In a petition by Civil Society Network Against Corruption, the group accused the judge of consistent refusal to abide by judicial precedents laid down by the apex court in granting orders and injunctions against the EFCC.

Ironically, Impeachment could be more expedient than an involuntary mental health evaluation, given that it would rely on political tides and not judicial precedent.

The court also cited judicial precedent to the effect that an agent owes this duty, even when not put on enquiry.

Such judicial precedents considerably influence the judicial practice, our professional community.

Other government officials generally have only «qualified immunity» which means that they have liability if they intentionally violate clearly established law, which basically means that there is a binding judicial precedent governing the facts and circumstances at issue.

The chances that choice will pass the test in these cases will vary according to the particular constitutional language, the local judicial precedents, and the composition of the state court at the time; but in every case there will be two commonalities of theory that are worth noting.

While I find the majority opinion in Brown disappointing and even more so the fact that its author was Scalia, in the end there is something for conservatives to take away from the case: a strong judicial precedent that new categories may not be added to the type of content not afforded full First Amendment protection.

The court even recognizes a long - standing judicial precedent «to consider prohibitions on carrying concealed weapons.»

District Attorney David Soares said his office will appeal the judge's dismissal of the bribery count, and said his office's pursuit of the charge was based on «sound judicial precedent.»

Ours is a common law system, which means judicial precedent is a fundamental part of how our law develops.

The entire back - and - forth between Hewitt and Kerr — which is being conducted in a wonderfully professional tone, I'd like to note for the record — is a perfect example of why judicial precedent and the Constitution exist.

Judicial precedent interpreting state wage and hour laws did not impose personal liability for violations.

And when the time comes to reassess whether a particular right is now found somewhere in the Charter, prior judicial precedent will invariably be disregarded where it has fallen out of fashion.

Arbitrators are less likely to reinterpret language in a TOS in terms of policy considerations or judicial precedent glosses (i.e., they are more likely to read contracts literally).

On August 8, 2017, the state supreme court overturned a 16 - year judicial precedent that had equated the best interests of the child with the best interests of the custodial parent.

a Singapore company in obtaining, from the New Zealand courts, an order of subpoena in favour of a London LCIA tribunal, creating new judicial precedent

E-discovery practices are still largely dictated by judicial precedent rather than by statutes or rules.

Many of these cases have established judicial precedents that are referred to in jurisdictions around the world.

As with judicial precedents developed under the former rules, I expect there will be some seemingly inconsistent judgements dealing with the issue of independent medical exams under the current rules and eventually the BC Court of Appeal will likely weigh in on the issue to bring some clarity to the law.

All federal courts will be bound to follow Nixon and other judicial precedent and will order the President to testify.

His administration has repeatedly abandoned judicial precedent.

Instead, the courts interpret each non-compete or similar agreement based on judicial precedent.

But judicial precedent from Carl McCall's 1993 selection as comptroller suggests that attempt would be unlikely to succeed.

In addition, the Court will often consider prior cases that are similar to your own, and what standard was applied in those cases (known as judicial precedent).

Binding precedent Affirming the decision of Charles J in the High Court, the Court of Appeal held that it was bound by judicial precedent, and in particular the Court of Appeal decision in Wilden Pump Engineering Co v Fusfeld [1985] FSR 159, to find that LPP is restricted, at common law, to advice sought from or given by members of the legal professions.

In this space I frequently moan about the danger of mediation stemming the flow of judicial precedent, but here is a nice legal question answered by the Court of Appeal for Ontario this month.

No doubt someone will ask about those «things» we refer to as Holy Scripture, creeds, eucharistic canons, confessions, concords, ecclesial traditions, constitutions, canon law, and judicial precedents.

Lincoln, in contrast, viewed judicial activism as illegitimate, judicial precedent as problematic, and judicial supremacy as despotic.

The judicial precedent for equal protection for federal laws is somewhat fuzzy as there is not equal protection clause specifically written as part of the fifth amendment, and the specific clause is only in reference to states in the fourteenth amendment.

This may seem counter intuitive, but the supreme court has made rulings that both houses can decide how to determine a quorum in U.S. vs Ballin so the chances of this ever changing is unlikely without a specific amendment or a fairly major change in judicial precedent.

When the agenda turned to a related matter — proposed amendments to the ethics law, for which the board scheduled a public hearing on August 13 — Wilber announced that town attorney Rod Futerfas, citing a judicial precedent, had suggested that the board could proceed under the so - called Rule of Necessity.

A strict reading of the state's education code and judicial precedents on home schooling from the 1950s and»60s clearly supported the ruling.

Leaving aside the perplexing charge that class action lawyers routinely pad their dockets, Justice Belobaba's approach to contingency fees is remarkable for its departure from well - established statutory authority and judicial precedent.

The judicial precedent of constitutional law has evolved through a process in which courts interpret, apply, and explain the meaning and context of particular provisions and principles of the constitution during a legal proceeding.

Accordingly, since the court was «not applying a statutory provision, but a rule of law derived from legal principles and judicial precedents», there was «no reason to confine the requirement more restrictively and require actual sight or sound of the nature of the act».

His point being that deep thinking about social issues is often curtailed by the lawyer's resort to judicial precedent.

Jon Holbrook reflects on why John Stuart Mill is a better guide to «liberty» than judicial precedent

Many of the appellate cases Mr. Franckowiak has been involved in have developed the judicial precedent in the state of Wisconsin through published appellate decisions.