Sentences with phrase «legal doctrine»

A legal doctrine refers to a principle or rule established by the law that guides how courts make decisions and interpret laws. It is a fundamental concept or idea that helps legal professionals analyze and resolve legal issues. Full definition
Put these two findings together and its not obvious that teaching everyone about legal doctrine is always a good thing.
However, as with most legal issues, this is not always clear cut and courts employ many legal doctrines when warranted to find that contracts are not enforceable.
Students need to learn the skills they will need when out in the profession — not just applying legal doctrine but thinking critically and making policy assessments in a systematic and rigorous way.
But that led me to think about how legal doctrine gets produced, and what models should be appropriate.
These areas are distinguished by the combination of ambiguous legal doctrine and constituencies eager to exploit that ambiguity to pursue policy objectives.
But over time, this traditional legal doctrine about causation came to be severely tested.
As brilliant and useful as it is, it is an example of cutting edge thinking challenging current legal doctrine.
The teaching of legal doctrine needs to be fully integrated into the curriculum.
Again, we have clear legal doctrine that says so.
Massachusetts also recognizes a key legal doctrine called vicarious liability.
Secondly, dealing with those issues requires an understanding both of complex legal doctrines which developed in a quite different context - we learn a surprising amount from Gallavin and Mason about the trial of Sir Walter Raleigh - and of technological matters such as the extent to which digital images may be enhanced or manipulated, legitimately or otherwise (discussed by Mason and Seng in Ch 3).
* opportunities for students to address alone and in teams complex, fact - intensive problems as they arise in the world (rather than digested into legal doctrines in appellate opinions) and to generate and evaluate solutions through private ordering, regulation, litigation and other strategies;
The ministerial exception is perhaps the most important legal doctrine for religious employers.
When Ontario's land titles system does the above, it follows an outdated legal doctrine called «deferred indefeasibility» (or delayed guarantee).
The judiciary's role in social policymaking expanded broadly with the rights revolution of the 1960s, as the public's thirst for «total justice» combined with the courts» willingness to embrace new legal doctrines, increasingly long and complicated federal statutes, and the emergence of well - funded advocacy organizations to generate a surge of litigation across policy areas.
The U.S. has seen many revolutions in basic legal doctrines, some accompanied by violence (the Revolutionary and Civil Wars), and others largely nonviolent (the New Deal and the Civil Rights movement).
Students examine the interplay between technological innovation, complex legal doctrines and regulatory approaches, business, market models and the various actors whose interests, perspectives, and goals affect the technology law landscape.
An organizing principle therefore is not a free - standing rule, but rather a standard that underpins and is manifested in more specific legal doctrines and may be given different weight in different situations.
While there can be no doubt that s. 130 affords trial judges wide discretion, this does not preclude the courts from developing legal doctrine that is applied with consistency, just as they have done with the entitlement to costs.
What's more, that information could be obtained by police without a warrant, thanks to an outdated legal doctrine denying Fourth Amendment privacy protections to data shared with «third parties,» like Google.
The latter legal doctrine covers claims against companies who manufacture and sell a defective or dangerous product.
Legal doctrine asserted the problem was racial isolation.
If First Sale rights, or a similar legal doctrine, is recognised in case law or statute as covering ebook sales, there could be interesting consequences, particularly if DRM is also challenged on similar grounds.
There have been stories dicussing actual legal doctrine, and less stories dealing with how cool AmLaw 100 law firms are.
Chapter 2 tackles familiar, but important questions of competence and legal doctrine at Union level.
With today's launch, Lexis Answers works only with questions that fall into one of five common categories: standards of review, burdens of proof, elements of claims, standard legal definitions, and core legal doctrines.
There are a lot of legal doctrines out there that are designed to avoid a hard clash of conflicting court orders and to prevent someone from suffering contempt of court sanctions when they are in this bind.
Over this time, he continued to present and write for CLE, edit practice manuals, advise on the drafting of the new Family Law Act, teach, research and publish arcane legal doctrine, practice law full time, and publish official materials for the Department of Justice.
U.S. law has a whole sub-field a statutes and legal doctrines like the Rooker - Feldman doctrine designed to prevent these conflicts from coming up when they arise between federal and state courts.
This is a good question even though it is surprisingly difficult to answer due to historical legal doctrines that would be impossible to know if you had not heard of them in advance that make the answer somewhat indeterminate.
Maryland is a uniquely bad state in which to be involved in a crash as the state continues to observe an out - dated legal doctrine, that of contributory negligence.
In its Commission on Ethics 20/20 White Paper in February 2012, the ABA opined that «shifts away from older legal doctrines such as champerty, and society's embracing of credit as a financial tool have paved the way for a litigation financing industry that appears poised to continue to grow...»
The number of applicable different legal doctrines, potentially responsible parties, and burden of proof issues can be all be assessed in your case by an experienced Bardstown product liability lawyer.
By showing up in person at various ABA meetings, faculty get to meet exceptional lawyers from across the country who can both help when needed to answer questions about unique legal doctrines in a given state, and who also may be in a position to hire your students after graduation.
If s. 130 of the CJA is to become the new «go to» for plaintiff lawyers, then it is essential for the courts to proceed in a principled fashion, fostering certainty and predictable legal doctrine.
Constructive dismissal is a complicated legal doctrine that is much beyond the scope of this post.
Medical malpractice law, in Massachusetts and elsewhere, is part of the common law — the rich tradition of «judge - made law» that we inherited from our English ancestors and upon which we have embroidered our own legal doctrines.
a b c d e f g h i j k l m n o p q r s t u v w x y z