Sentences with phrase «legal doctrines in»

* 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;

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.

The Evolution of Five Legal Doctrines in the Supreme Court of Canada.

Learn more about what defines negligence, including the definition of contributory negligence, a legal doctrine in the state of North Carolina, as well as what defines a tort.

Not exact matches

We hope to create a robust conversation that maps the past and future of legal theory and doctrine related to entrepreneurship — defining that concept broadly in terms of industry and size.

Scholasticism Theology moved from the monastery to the university Western theology is an intellectual discipline rather than a mystical pursuit Western theology is over-systematized Western Theology is systematized, based on a legal model rather than a philosophical model Western theologians debate like lawyers, not like rabbis Reformation Catholic reformers were excommunicated and formed Protestant churches Western churches become guarantors of theological schools of thought Western church membership is often contingent on fine points of doctrine Some western Christians believe that definite beliefs are incompatible with tolerance The atmosphere arose in which anyone could start a church The legal model for western theology intensifies despite the rediscovery of the East

Christians are still the dominant religion, the wall of separation is still in place and, as Doc pointed out below, for countries where gay marriage is already legal, «NONE of those countries has a church been mandated to perform ceremonies that run counter to their doctrine.»

Hoefer 1979) says that the «rite has become a legal condition for the entry into the church which functions as a religious communal group; in this context it fails to convey its full meaning and purpose as the expression of or solidarity with the new humanity in Christ which transcends all communal or caste solidarities»; he also refers to the conclusion of Joseph Belcastro's book A New Testament Doctrine of Baptism for Today, that «the N.T. does not teach that baptism was a condition of salvation or church membership, but baptism was to be available for the disciples of the coming church....

God's covenant with Noah which asks fallen humanity to establish a society based on reverence for life and a legal justice that protects the innocent human beings from the murderer who is around; and God's call to Moses to liberate the Israelite people from Pharaoh's slavery; and God permitting monarchy with new perils of oligarchy to destroy the more human Tribal Federation to liberate the Israelites from the technically superior Philistines in Palestine; and Paul's doctrine that the Roman State, which he knew had its role in crucifying Jesus.

Here's another, scarcely less oratorical in character, from the Congregation for the Doctrine of the Faith: the title of this document (another wonderful example of Vatican bogus academic language when what is needed is a competent journalist used to writing informative headlines) is «Considerations regarding proposals to give legal recognition to unions between homosexual persons» (2003): The Church's teaching on marriage and on the complementarity of the sexes reiterates a truth that is evident to right reason and recognised as such by all the major cultures of the world.

The solution is a return to the pre-Constantinian practice of the Church in which a Church marriage is a purely sacramental matter, subject to the doctrine and disciplines of the Church, but without legal standing.

Yet in the course... of rationalization of legal thinking on the one hand and of the forms of social relationships on the other, the most diverse consequences could emerge from the non-juridical components of a legal doctrine of priestly make.

And when it comes to immunizing such «choices» from legal restriction or even private remonstration, the Court's liberals can be counted upon to flip on the switch of what Justice Antonin Scalia, writing in dissent, describes as «the ad hoc nullification machine that [is] set in motion to push aside whatever doctrines of constitutional law stand in the way of the highly favored practice of abortion.»

Russell Hittinger has brought out further complexities of Thomistic developments in the wake of Aeterni Paths: «Thomists developed rather freewheeling accounts of the political, economic, legal and social order -LSB-... putting] Thomism in an offensive mode as far as social doctrine went -LSB-... whereas] in matters related to sacred doctrine [philosophical] Thomism would be put into a defensive role» such that scholasticism could not be publicly challenged within the Church.

This concern has derived, in part, from the growing recognition that the triumph of strict separationism as a legal doctrine, with its promise to expunge all religious symbols from the public arena, may actually infringe upon the free exercise of religion cherished by American Jews.

I find it hard to see the Obama administration articulating a legal doctrine of preemptive self defence claim in this scenario.

This above is supported by the legal doctrine of «nemo judex in sua causa» (no - one should be a judge in his own cause) held scared in most democratic societies.

These Articles applied and interpreted in sync, coupled with legal doctrines or principles of «ex facie curiae», «actus reus», «mens rea», «respondeat superior» and «nemo judex in sua causa», all of which were breached and disregarded respectively by the SC, my conclusion is that the SC acted unconstitutionally in the Montie case.

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.

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.

Gregory S. Munro, The Public Trust Doctrine and the Montana Constitution as Legal Bases for Climate Change Litigation in Montana, 73 Mont..

The litigation, ignited by Our Children's Trust in 2015, relies on the public trust doctrine — a legal canon that stresses the government's hold on resources such as land, water or fisheries as treasure for the people.

In a jurisdiction that has prided itself on the importance of «doctrine» in interpreting the law, the fact that the major French language university opts for content with the lowest common denominator, while a foreign owned commercial publisher offers an authoritative work by leading academics and legal practitioners, is a remarkable case of role reversal, as well as a reflection on how times have changeIn a jurisdiction that has prided itself on the importance of «doctrine» in interpreting the law, the fact that the major French language university opts for content with the lowest common denominator, while a foreign owned commercial publisher offers an authoritative work by leading academics and legal practitioners, is a remarkable case of role reversal, as well as a reflection on how times have changein interpreting the law, the fact that the major French language university opts for content with the lowest common denominator, while a foreign owned commercial publisher offers an authoritative work by leading academics and legal practitioners, is a remarkable case of role reversal, as well as a reflection on how times have changed.

On Aug. 30, the Court of Appeals of the State of Mississippi issued a ruling (via the Legal Profession Blog) in which it reversed the 2009 manslaughter conviction of Justin Thomas because the lower court refused to give a requested jury instruction regarding the castle doctrine.

In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).

«Thursday's Three Burning Legal Questions Main Automotive Version of «Castle Doctrine» Leads to New Trial in Manslaughter Case»

In frustration, he recognized that the first - year legal writing and analysis course had been less than completely successful at teaching foundational doctrine of legal analysis and writing because the students lacked the user's experience of written legal analysis.

As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of constitutional law «based on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the issue based upon «her or his own worldview?»

I. Maryland's Legal Writing Program: Integrating Doctrine and Writing in the First Semester and Integrating the Faculty Who Teach the Connected Courses

Students confront the memoranda at the very beginning of the semester, before students have read the portions of their textbooks that would acquaint them with the analytical and writing doctrine that guides legal writers in preparing such documents.

In Justice Stratas's view, judges and academics too often take a results - oriented approach to the law, rather than rigorously applying legal doctrine.

Along the way, they may believe that they are keeping the broader lessons about analysis and writing in their peripheral vision, but they lose some of the legal writing doctrine from the first assignment by the first draft of the second.2

«Judicial estoppel is an equitable doctrine that precludes a party from asserting a position in one legal proceeding that is contrary to a position it had previously asserted in another proceeding.»

In fact, the Carnegie Report's recommendation to this effect acknowledges that it is «building on the work already underway in several law schools...» 49 And based on these experiences, a robust literature has developed extolling the virtues of integrating writing with doctrine.50 In reviewing this literature, a number of themes emerge: integration sends the right institutional message to students about the importance of writing in their legal careers and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about iIn fact, the Carnegie Report's recommendation to this effect acknowledges that it is «building on the work already underway in several law schools...» 49 And based on these experiences, a robust literature has developed extolling the virtues of integrating writing with doctrine.50 In reviewing this literature, a number of themes emerge: integration sends the right institutional message to students about the importance of writing in their legal careers and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about iin several law schools...» 49 And based on these experiences, a robust literature has developed extolling the virtues of integrating writing with doctrine.50 In reviewing this literature, a number of themes emerge: integration sends the right institutional message to students about the importance of writing in their legal careers and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about iIn reviewing this literature, a number of themes emerge: integration sends the right institutional message to students about the importance of writing in their legal careers and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about iin their legal careers and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about iin a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about it.

Legal writing scholarship has existed in some form for nearly a century but has exploded since the 1980s with the support of the newly formed Legal Writing Institute, biennial conferences, and several legal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&rLegal writing scholarship has existed in some form for nearly a century but has exploded since the 1980s with the support of the newly formed Legal Writing Institute, biennial conferences, and several legal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&rLegal Writing Institute, biennial conferences, and several legal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&rlegal writing journals and newsletters.2 Terrill Pollman and Linda Edwards described four common legal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&rlegal writing topics in contemporary legal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&rlegal writing scholarship: «those related to (1) the substance or doctrine legal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.&rlegal writing professors teach; (2) the theories underlying that substance; (3) the pedagogy used to teach that substance; and (4) the institutional choices that affect that teaching.»

By integrating writing and doctrine in the first semester, we are sending a message to our students, at outset of their legal education, that there is no real divide between analyzing legal doctrine and the writing that communicates that analysis.54 By writing within a doctrinal context, students are able to see the ways in which the law and how it is structured influence their writing choices.55 Moreover, students tend to develop a deeper understanding of the connected doctrinal course because of the writing that occurs in that doctrinal area.56 Thus a number of the benefits that result from integrating the two courses arise from the synergies that come from teaching both courses together.57 What follows are some specific synergies that I have observed in teaching the integrated LA&W and Introduction to Torts courses.

Even at an early stage in their legal training, the first - year students could see that the particular structures that legal writing doctrine requires are valuable for understanding and communicating a legal problem and its analysis.

Later in the semester, as the textbook and classroom lecture and discussion introduce elements of legal writing and analysis doctrine, the professor refers back to the principles in the summary, replacing the phraseology with the standard vocabulary associated with each element.

Exercises using samples in the first - year legal writing and analysis course bring the students» focus to legal writing doctrine by requiring them to judge the effectiveness of the work of legal writers other than themselves.

The exercises are the starting points, however, for discussing some basic elements of analytical and writing doctrine that have been the central subject matter in the first - year legal writing and analysis course for the past two decades.40

In a 2007 report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report), the Carnegie Foundation for the Advancement of Teaching reported on a number of gaps in legal education and set out a series of recommendations for bridging those gaps.2 Among the authors» findings was the «increasingly urgent need to bridge the gap between analytical and practical knowledge...» 3 The resulting recommendation that the teaching of legal doctrine be integrated beyond «case - dialogue courses» and into courses that focus on more practical skills acknowledged that this idea was «building on the work already underway in several law schools...» 4 One of the schools where the teaching of legal analysis has long been integrated into practice - focused courses is the University of Maryland School of Law (MarylandIn a 2007 report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report), the Carnegie Foundation for the Advancement of Teaching reported on a number of gaps in legal education and set out a series of recommendations for bridging those gaps.2 Among the authors» findings was the «increasingly urgent need to bridge the gap between analytical and practical knowledge...» 3 The resulting recommendation that the teaching of legal doctrine be integrated beyond «case - dialogue courses» and into courses that focus on more practical skills acknowledged that this idea was «building on the work already underway in several law schools...» 4 One of the schools where the teaching of legal analysis has long been integrated into practice - focused courses is the University of Maryland School of Law (Marylandin legal education and set out a series of recommendations for bridging those gaps.2 Among the authors» findings was the «increasingly urgent need to bridge the gap between analytical and practical knowledge...» 3 The resulting recommendation that the teaching of legal doctrine be integrated beyond «case - dialogue courses» and into courses that focus on more practical skills acknowledged that this idea was «building on the work already underway in several law schools...» 4 One of the schools where the teaching of legal analysis has long been integrated into practice - focused courses is the University of Maryland School of Law (Marylandin several law schools...» 4 One of the schools where the teaching of legal analysis has long been integrated into practice - focused courses is the University of Maryland School of Law (Maryland).

However, in Illinois and many other states, the legal doctrine, implied warranty of habitability, applies to landlords.

I find it rather remarkable if not ignorant that you speak so easily about a judgment devoid of any logical, economic or even legal arguments, which stretches the scope of Article 101 to operators which could not possibly have foreseen this; in any case not on the basis of the Treaty text, not on the basis of any precedent, and hardly on the basis of competition law doctrine.

And that perhaps is why its doctrines demand such strict servility to the law; it is in the duty for the strict and correct application of legal doctrine that the key to judicial accountability lies, as I think the comments earlier this year of Mr. Justice David Stratas made clear (succinctly described and linked here: https://doubleaspectblog.wordpress.com/2016/01/15/taking-doctrine-seriously/).

Within the past decade, banking and insurance companies have hired historical legal experts and spent a lot of time litigation over the US Federal Court system's power to issue equitable remedies such as the Mareva injunction and equitable liens to seize assets in federal litigation; the Alien Torts Act which has been used by international human rights organizations had its breadth restricted by use of 18th century views of the «law of nations» requiring recourse to historic writers like Hugo Grotius, and even administrative law has come under assault by dissents of Justice Thomas arguing that the «Chevron» doctrine of deference to agency interpretations of their own statutes should be set aside as being incompatible with the understanding of the American separation of powers doctrine as it was understood at the time of the country's founding.

The Court of Appeal found that the trial judge made an error of law by ignoring the legal doctrine that an agreement that is signed in counterparts forms a binding agreement as demonstrated in Foley v R., [2000] 4 CTC 2016 (TCC).1

Apart... from the question of contract..., it is said that in revenue cases there is a doctrine that the Court may ignore the legal position and regard what is called «the substance of the matter», and that here the substance of the matter is that the annuitant was serving the Duke for something equal to his former salary or wages, and that therefore, while he is so serving, the annuity must be treated as salary or wages.

Under the legal doctrine of scienter, a dog owner may not be liable for a dog bite if the dog had never bitten somebody or had never shown a propensity to attack in the past.

Share This: In our legal system, one of the most fundamental concepts is doctrine of precedents.

Contributory negligence is a legal causation doctrine in some jurisdictions which questions whether the injured person was also negligent.