Sentences with phrase «law doctrine»
A "law doctrine" is a principle or rule that guides how laws are interpreted and applied in specific situations. It helps judges and lawyers make decisions based on past legal cases and established legal principles. It is like a tool that provides a framework for resolving legal disputes and supporting the consistency and fairness of the legal system. Full definition
So some of them having been coming to see me with questions about the finer points of Canadian administrative law doctrine.
administrativelawmatters.com
These courses provide foreign - trained lawyers with a foundation in American common law doctrine as well as legal writing and research skills.
As common law doctrines evolve, sometimes their rationale, and proper application, can get lost; that can be because of just one «less than thoughtful» reported appellate decision.
However, the rule of law doctrine means authorities may only act within the law and must obey the law.
Courts also recognize the common law doctrine of in loco parentis, allowing schools to act in the best interests of the students.
In recent years, scholars have proficiently expounded Thomas» natural law doctrine in terms of moral epistemology, moral virtue, philosophy of nature, or metaphysics of the good.
Unless the SCC strikes down the applicable Criminal Code provision in Carter, the Bill is vulnerable to the constitutional law doctrine of federal paramountcy.
WOA presents Part 4 of 5 parts of Dr. DiFonzo's review of the Michael Grossberg book exploring a Victorian Age custody battle when common law doctrine granted full sway to a father's decisions regarding child custody and family residence.]
The Mabo decision represented a fundamental break with the previous common law doctrine regarding the status of Indigenous rights to land.
There is now a limited category of case in which Canadian common law doctrine holds that a finding of fact that there is a possibility of factual causation is sufficient for that aspect of the causation requirement.
«Condonation» is one of the few family law doctrines that appeals to the better angels of our nature.
American constitutional law doctrine looks -LSB-...] Read more
They must have found a loophole in the Confederate States Law Doctrine that forbids black couples from mating without their owners consent.
This Article is a report of my experience integrating, in the first - semester Property course, property law doctrine with both the transactional lawyering perspective and transactional skills.
Natural law doctrine only makes sense in a universe governed by a benevolent Creator.
«To imply this would be to deny the workings of the very «nature» that natural - law doctrine defends.»
In effect, Levering is arguing that the best natural - law doctrine for theologians is the one found in John Paul II's encyclical Veritatis Splendor (1993), where the idea of «participated theonomy» bridges law and love.
For example, where there were competing ongoing EU cases in the past, UK courts could resort to a common law doctrine called «forum non conveniens».
The RCD, which is former common law doctrine now partially codified under s. 45 (7) of the Competition Act, is routinely invoked in competition law cases where there is a question as to whether conduct that would otherwise violate the Competition Act is shielded by federal or provincial legislation.
As far as common law doctrines go, though, this area is a little unsettled: the Supreme Court of the United Kingdom limited the immunity for expert witnesses in Jones v Kaney [2011] UKSC 13; [2011] 2 AC 398, departing from centuries of authority.
This idea is a huge shift in legal thinking because it challenges uncritical understandings of Aboriginal law doctrine and asserts that the Eurocentric common law is not the only valid legal tradition in Canada.
Plaintiffs, represented by Williams and Connolly, sought to avoid those restrictions by invoking common law doctrines including veil piercing, tortious interference, fraud, unjust enrichment, and the implied covenant of good faith and fair dealing.
Escheat is the common law doctrine by which unclaimed property is returned to the Crown.
In the offshore arena, the decision of the US Supreme Court in Pasquantino v US (2005) 125 S Ct 1766 that a scheme to defraud a foreign government of tax revenue violates the US wire fraud statute providing there is a US link — despite the revenue rule, a common law doctrine prohibiting US courts from enforcing a foreign state's domestic tax infrastructure — is highly significant.
However, one survey found that about half of consumers believe it is insurer's responsibility, and consumers may come to this conclusion through the insurer's processes, which one legal scholar argues creates a «reasonable expectation» of coverage, [10] which is a controversial insurance law doctrine adopted in certain states.
A common law doctrine founded on unjust discrimination in the enjoyment of civil and political rights demands reconsideration.
My focus is on administrative law doctrine.
[Part 2 of Dr. DiFonzo's review of the Michael Grossberg book exploring a Victorian Age custody battle when common law doctrine granted full sway to a father's decisions regarding child custody and family residence.
The first is a common law doctrine regarding the appropriate roles for civil courts called upon to adjudicate church property disputes — a doctrine which found general application in federal courts prior to Erie R. Co. v. Tompkins, 304 U. S. 64 (1938), but which has never had any application to our review of a state court
Norm Pattis responds with a question — «Does the Senate intend to attempt to repeal the common law doctrines holding a manufacturer responsible for putting a defective product in the stream of commerce?»
Our family law doctrine was revolutionized beginning in the 1960s, and family law alternative dispute resolution was similarly transfigured beginning in the 1980s.
American constitutional law doctrine looks unfavourably on delegations of law - making authority to private entities.
While Catholics and Protestants alike typically read Aquinas first for his natural law doctrine and next for his proofs of God's existence, topics which seem to stress the human capability of discovering God's truth, these volumes portray an Aquinas far more focused on the mystery of God.
He offers his work as a «first step toward reclaiming natural - law doctrine as an exegetical, and not solely philosophical, project» that is, «natural law» as understood by the Christian tradition prior to the modern reconfiguration of natural law.»
Funding court litigation is still considered to infringe the common law doctrines of champerty and maintenance, except in cases which fall within one of the three, limited, exceptions laid down by the Hong Kong Court of Final Appeal in Siegfried Adalbert Unruh v Hans - Joerg Seeberger [2007] related to:
[Part 3 of 5 parts of Dr. DiFonzo's review of the Michael Grossberg book exploring a Victorian Age custody battle when common law doctrine granted full sway to a father's decisions regarding child custody and family residence.]
Levering is also correct to suggest that a similar reaction to modern natural - law doctrines, if somewhat less prickly than the Protestant version, was more than a little influential in twentieth - century Catholic theology.
«Biblical natural law,» he argues, «avoids the self - cleaving tendency in anthropocentric natural - law doctrine and instead recognizes human fulfillment as achieved through imitation of the divine ecstasis.»
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