Sentences with phrase «law doctrine holds»

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.

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?»

Not exact matches

The doctrine of interjurisdictional immunity (IJI) holds that a provincial law that impairs the core competence of a federal head of jurisdiction (in this case the TransMountain pipeline as a federally regulated interprovincial work or undertaking) will be inapplicable to the federal matter.

To turn this on it's head, many would see the holding of a specific doctrine (including on law and gospel) to be an «out» on asking questions or having to face uncertainty.

The upshot of this doctrine, perhaps the most disturbing that the human mind can hold, is that king and commoner are equally subject to the moral law.

Under the law — show me the which religious doctrines hold those beliefs.

This quintessential Jewish doctrine held that held that god had chosen the Jews as his favorite people and would look after them if he kept his law — circu.mcising boys, not working on the Sabbath etc..

In the background of Gotama's thinking was the Hindu doctrine of transmigration, holding that souls are endlessly reborn and, according to the law of karma, suffer in each new reincarnation the just punishment or reward of their previous life.

However, the Investigatory Powers Tribunal today ruled that MPs» communications with whistleblowers and their constituents have no special legal protection from state surveillance under the law, despite those long - held government doctrine apparently prohibiting it.

We agree with the findings of Judge William Overton that the Arkansas creationism law represents an unconstitutional intrusion of religion doctrine into the public schools, that «creation science» is not science, and that its advocates have followed the unscientific procedure of starting from a dogmatically held conclusion and looking only for evidence to support that conclusion.

A common law doctrine, which applies in Canada, holds that in interpreting legislation, courts should presume that Parliament intended to legislate in a manner consistent with its international treaty obligations... [I] t is clear that the courts can make use of international human rights law in interpretation.

Yesterday, the Law Memo blog posted a link to a 9th Circuit decision, Pollard v. GEO Group, holding — contrary to what other courts of appeals have ruled — that federal prison inmates may recover damages under the Bivens doctrine from employees of private corporations running those prisons pursuant to contracts with the Bureau of Prisons.

What I'm wondering is whether there's any subsequent case law which questions whether the third - party doctrine holds when one of these tests is not true.

The latter held that the liability of a contracting authority for the breach of EU public procurement rules under the remedies directive is assimilated to that of the State under the general EU law doctrine of State liability and thus requires a sufficiently serious breach (Nuclear Decommissioning Authority).

In HL it was held that the detention, under the common law doctrine of necessity, of a man with autism, who lacked the mental capacity to make decisions about his care and living arrangements, amounted to a violation of his rights under Art 5 of the European Convention on Human Rights (the Convention).

It was held that the agreement of the parties that the issue of state or sovereign immunity is a question of procedural law in itself was sufficient to defeat the argument put by Counsel for the KRG that this Court should not decide issues of such immunity, whether as to its existence as a doctrine in the UAE and the DIFC, or its ambit or extent, (whether absolute or restrictive) or any issues of waiver.

BG Group responded by saying the district and appellate courts assumed that the manifest disregard doctrine was a basis for vacating arbitration awards, but then held that the tribunal in this case did not manifestly disregard the law, rendering moot Argentina's bid for clarity on the issue.

A recent decision by the British Columbia Court of Appeal weighed in on this issue and held that Tsilhqot» in should be restricted to its facts, such that the IJI doctrine is still available where provincial laws purport to apply to «lands reserved.»

In Lafarge (British Columbia (Attorney General) v. Lafarge Canada Inc., [2007] 2 SCR 86, 2007 SCC 23) and Mangat (Law Society of British Columbia v. Mangat, [2001] 3 SCR 113, 2001 SCC 67) the court held that the applicability of certain provincial laws to regimes governed by federal legislation constituted a conflict between intended purpose of the relevant federal legislation and the provincial legislation that triggered the application of the doctrine of paramountcy.

After canvassing judicial consideration and acceptance of CIP, as well as support for the doctrine in a leading text on the law of evidence, the Court of Appeal held that there was a sufficient common interest in the completion of the transaction in issue to find that privilege had not been waived.

The Ferguson case totally repudiated the old reasonableness - due process test, the doctrine that judges have the power to hold laws unconstitutional upon the belief of judges that they «shock the conscience,» or that they are

In a unanimous verdict, a nine - judge bench headed by Chief Justice Y.K. Sabharwal held that all laws included in the Ninth Schedule after the evolution of the basic - structure doctrine of the constitution — through the 1973 verdict of the Keshavananda Bharti case — are open to judicial review.

In October 2004, in the so - called Bournewood case, the European Court of Human Rights (ECtHR) held that it would breach the European Convention on Human Rights (the Convention) for the common law doctrine of necessity to be used to deprive an incapable person of his liberty (see HL v United Kingdom Application 45508 / 99 [2004] All ER (D) 39 (Oct)-RRB-.

We must hold firmly to the doctrine that in the courts of the United States it is the duty of juries in criminal cases to take the law from the court and apply that law to the facts as they find them to be from the evidence.

It was these values that led him, as a newly - appointed judge in the 1940s, to devise a legal doctrine which lawyers regarded as revolutionary, but which performed the elementary moral task of holding people to their promises - something which the commercially - oriented common law had found it expedient not to do.

[43] In Mabo v Queensland (No 2), in holding that an unjust and discriminatory doctrine which refused to recognise the rights and interests in land of the indigenous inhabitants could have no place in the contemporary law of this country, Brennan J confirmed that the expectations of the international community in this regard accord with the contemporary values of the Australian people.