Sentences with phrase «jurisprudence which»

There is no principle in the Canadian jurisprudence which indicates that law firms possess some characteristic which would justify disqualifying them from having privileged communication with counsel.

Rather than take responsibility for this, they blame Canadian jurisprudence which, taken as a whole, is fully in line with international standards.

This finding is consistent with recent jurisprudence which emphasizes that the constitutional right is not one to belong to a union.

However, a review of the authorities led to the inexorable conclusion that there was a clear and constant line of Strasbourg jurisprudence which (per Lord Kerr, at [48]-RRB-:

In light of the Supreme Court's recent jurisprudence which, as Ms. Redko notes, «underscored the importance of respecting parties» autonomy to select a mutually agreeable forum,» I can not believe that courts will treat choice of forum or arbitration clauses as equivalent to hearing fees.

On existing human rights case law if the government did proceed with its plans, Neil Parpworth, De Montfort University, says: «I would have thought it likely that if the new Bill of Rights sought to protect essentially the same rights as those protected under ECHR (and therefore HRA 1998), the body of human rights jurisprudence which has arisen under the Act will have an ongoing relevance and importance.

We had been taught by the same teachers, Coke and Blackstone; Kent and Story had been, or at least ought to have been, our common guides, and it may be that the broad view of jurisprudence which Mr Benjamin ever displayed taught us to know that it was not from English juries alone that a true exposition of our law was to be gathered.

The trial judge erroneously relied on American jurisprudence which failed to contemplate the Criminal Code definition of «game» as one of «mixed chance and skill» (at para. 30).

This resulted in an explosion of summary judgment motions and a wealth of Superior Court jurisprudence which, due to its conflicting nature, did little to assist in determining how the amended Rule was supposed to operate.

There is an established line of Strasbourg jurisprudence which holds that restrictions on the access to court of embassy staff engage Article 6, but can be justified with reference to «the legitimate aim of complying with international law to promote comity and good relations between States» (Sabah El Seil v France (2012) 54 EHRR 14, at [52]-RRB-.

He wrote no book himself, but his disciples spread his liberal teachings and founded the Hanaifi school of jurisprudence which is found in Turkey, Afghanistan, Central Asia, Pakistan, India, and Egypt.

Not exact matches

Determination of whether an accrual or receipt is revenue or capital in nature is tested under existing jurisprudence (of which there is no shortage).

As a tour de force of semantic gymnastics, Casey has few equals in the annals of modern jurisprudence; it is, next to Roe itself, perhaps the starkest reminder of the extent to which our Constitution has become, at the hands of the Court, a thing of almost infinite plasticity.

In deciding what food can be eaten and what is forbidden Muslim jurisprudence accepts as guides the Qur» an, the Hadith, what the Prophet ordered to be killed and what he forbade killing, and the foods which are abhorrent to human feeling.

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.

There are minor differences from country to country in the manner of praying, differences of no importance which have grown up through varying interpretations in the schools of jurisprudence.

Recently it has been divided into two departments with the general department continuing the old system and a special department which is composed of faculties of theology, jurisprudence, and the Arabic language, to each of which is attached a number of primary and secondary schools.

Concerning the consequences — worship and jurisprudence — the Zaidis follow the Shafi`i school, which makes them the Shi`ites nearest to the Sunnis.

Second, Arkes» jurisprudence seems to be lost on Prof. Smolin, for he employs — without any sense of irony — many of the fallacies Arkes surgically dismantles in the very book about which Smolin has offered his opinion.

This Court was specifically mandated to «proceed and act and give relief on principles and rules which, in the opinion of the said Court, shall be as nearly as may be conformable to the principles and rules on which the ecclesiastical courts of Ireland have heretofore acted and given relief» [and] the [Irish] Constitution has inherited and amended this former jurisprudence in matrimonial matters.

In my years here, I have taken a seminar on just war that drew generously from Catholic teachings, a lecture class on religion and the law in which we read Pope Benedict XVI, and a jurisprudence survey course where several of our assignments focused on the natural - law tradition.

Given that the Constitution is grounded in a recognition of individual rights — rights which must be reinterpreted due to the document's «exceedingly vague» language — Arthur quickly dismisses the jurisprudence of original intent.

991), known as the «truthteller»; his book is Man la Yahduruh al Faqih, which means Self - Study Jurisprudence.

Standing at the threshold, Justice O'Connor suddenly seemed to see how her life would be taken up in the years ahead if she and her colleagues opened up a whole new branch of jurisprudence, which could run beyond their wit and flood their docket with all manner of new cases stretching the imagination.

The logic of Islamic jurisprudence on apostasy emerges not from the Qur» an (which suggests in several passages — e.g. Q 2.217, 5.54, and 47.25 — that it is God's prerogative to punish apostates).

For the study of theologv and jurisprudence the classical work by al - Sanusi is available, with interlinear translation in Malay, and other works which follow the Shafi'i school of law chiefly, although the Hanafi school is also represented in some writings.

Four founders of systems of jurisprudence (fiqh), who created the four systems of law which have persisted to the present day, are Abu Hanifah of Iraq (80 - 150; A.D. 699 - 767), Malik of Hijaz (died 179; A.D. 795), al - Shafi» i of Egypt (died 205; AD.

James Bogle looks at the historical roots of the current undermining of fatherhood and the family by means of experimental laws and jurisprudence, the latest manifestation of which is the...

James Bogle looks at the historical roots of the current undermining of fatherhood and the family by means of experimental laws and jurisprudence, the latest manifestation of which is the government's Human Fertilisation and Embryology Bill which goes so far as to try and eliminate legal fatherhood for children in certain circumstances.

; Ponder v. Rice, 479 S.W. 2d 90, 94 (Tex.Civ.App.1972)(«Another rule of law which is deeply imbedded in our system of jurisprudence is one which condemns a decree of divided custody.»)

By this they mean to remove section 2 of the HRA which requires the UK courts to take account of the ECtHR jurisprudence.

And since it is a cardinal principle of Nigerian jurisprudence that he who asserts must prove, Fani - Kayode has put himself in the vortex of a legal conundrum which has very high capacity to consume him.

This ethical quandary sits at the center of Fracture, a convoluted courtroom drama which unfortunately relies on ridiculous interpretations of the law which fly in the face of fundamental notion about jurisprudence.

For all the stereotypes in the hothouse atmosphere (which was exaggerated in 1967 and almost cartoonish now), it's also awfully entertaining (Fonda's act with Caine's saxophone is classic Preminger pushing the envelope of the ratings code) and full of eccentric color (Burgess Meredith as a corrupt judge whose show of jurisprudence and objectivity is so contrived it's as if he's flaunting his corruption).

Some state boards also require that the student take a state jurisprudence exam, which evaluates the candidate's knowledge of the vet tech's responsibilities and rights under state law.

There are also some states that issue a State jurisprudence examination, which covers all of the regulations and laws within that respective state.

Constitutional Law Professors (Prof. Daniel DiSalvo of the Judicial Education Project, which has received funding from DonorsTrust and Donors Capital Fund and of the Center for Constitutional Jurisprudence, a project of the Bradley - funded Claremont Institute)

In a letter submitted yesterday to the Dutch Prime Minister Rutte and Vice Prime Minister Asscher, renowned climate experts James Hansen, Naomi Oreskes and Michael Gerrard were among the 20 signatories urging the government to «accept a judgement which is solidly based in existing law, jurisprudence and the need to protect people from the harm associated with climate change».

To deal with the last two aspects of the case Hooper LJ made a careful analysis of human rights jurisprudence on discrimination which would stand alone as a helpful essay on the subject.

Prior jurisprudence holds that the rights granted to the owners of such «official marks» are distinct from the usual rights granted to trademark owners, and depend on whether the mark used by the defendant is «likely to be mistaken for» the official mark, as opposed to the passing - off analysis which depends on whether or not there is a «likelihood of confusion» and involves a consideration of the goods and services, channels of trade and public recognition of the respective marks involved.

He calls it «jurilinguistics» and points to the various sources (legislation, jurisprudence and legal commentary) which are instrumental in consecrating or rejecting a fledgling term.

A couple of months ago, I wrote about recent animal rights jurisprudence in which plaintiffs instituted actions as owners of animals, to enforce rights under existing laws.

The judgment is useful as it complements the previous jurisprudence of the Court regarding this issue and adds further details on the notion of dependence which is particularly important in the field of immigration law.

One of the «distinct benefits» which it contended would flow from incorporation was that «British judges will be enabled to make a distinctively British contribution to the development of the jurisprudence of human rights in Europe» (at para 1.14).

While still in law school, he excelled in the course studies of Contracts and Wills & Trusts in which he won the prestigious AmJur («American Jurisprudence») «Book Award» honor for attaining the highest grades in his class.

As a result no jurisprudence has emerged which would clarify what is meant by an intention to discriminate, or differential treatment.

Prior to the amendments, the jurisprudence of every Human Rights Tribunal and the BFOR Guidelines all supported an interpretation of sections 7 and 10 which included discriminatory effects absent intention as «discriminatory practices» and requiring «reasonable accommodation» of a Respondent before it could avail itself of a section 14 (a) defence.

CCLA welcomes the Supreme Court's decision, which unanimously rejected the Crown's position and reinforced the existing jurisprudence.

Pursuant to the legal authorities which I have cited supra, and with particular reference to the albeit limited Irish jurisprudence on the topic, I am satisfied that, provided the process has sufficient transparency, Technology Assisted Review using predictive coding discharges a party's discovery obligations under Order 31, rule 12.

Upon his review of the jurisprudence, Justice Perell concluded that the «appropriateness» analysis must accord with the policies behind limitation periods, which include three purposes: