Sentences with phrase «legal principles in»

However, the court noted that there was nothing in the record to suggest the application of any incorrect legal principles in the determination of this dispute.

As the lawyer is a shareholder, he might have an agency agreement authorizing him to apply legal principles in such a fashion to benefit the company over the major shareholder.

On both issues, I submit that Mr. Justice Moldaver relied upon the court's perception of the «science» behind these legal principles in reiterating a long held position that intoxication is not a defence to a general intent offence without referencing any recent empirical studies but instead merely citing the twenty - one year old Daviault case.

In (Re) Vancouver Sun, [2004] 2 S.C.R. 332, the Supreme Court of Canada summarized the legal principles in this area, which are relevant to the discussion here:

Conversely, how does the employer know when a candidate's poor grasp of the legal principles in a given situation leads her to give legal advice that doesn't result in an obviously bad outcome, but a less - than - optimal result?

Whether the challenge of legal practice in administrative law with comment dockets numbering in the tens of millions, protecting fundamental legal principles in practices using complex software systems controlling the fate of defendants, or improving and expanding access to law and policy services, the paper describes the expanding role of computer science and law and a path forward for legal practitioners in the computational age.

Stories were drawn upon to identify and articulate important legal principles in the review process.

At paragraphs 81 - 101 the Court sets out a lengthy list of applicable legal principles in occupiers liability cases concerning the use of a gangway.

Designed with practicality in mind, this master's degree in legal studies program will challenge you to solve real - world issues by applying legal principles in a case study format.

This tab assists with finding the best supporting cases for the legal principles in this brief.

When students synthesize precedent into a general legal principle in legal writing class, they engage in inductive reasoning.

As a consequence, the Member States were now ready to acknowledge openness as a legal principle in the Amsterdam Treaty, and to give access to documents a separate treaty base that paved the way for the replacement of the institutions» three internal decisions by a legislative act, Regulation 1049, which was adopted on 30 May 2001.

OTTAWA — The Supreme Court of Canada has killed the largest leveraged buyout in history, with a ruling on Friday that effectively stops the $ 52 - billion takeover of Bell Canada parent BCE Inc. and enshrines a legal principle in Canada that shareholder interests should not rank above those of other stakeholders when corporate boards entertain mergers and acquisitions.

An earlier High Court decision had found that the lender could only recover the amount involved in a second tranche of refinancing owing to a longstanding legal principle in negligence known as the «but for» provision.

HCF v DTF 2017 BCSC 1226, a divorce case, traces the historical roots of the presumption of advancement and finds that it is an outmoded and «dead» legal principle in today's BC society.

Willful blindness is a legal principle in which individuals deliberately close their eyes to a truth or fact.

This appeal considered whether the principle of fair and equal treatment can require a decision - maker to replicate the effect of assurances given to one party that were made based on a mistake of legal principle in favour of other parties in a comparable position.

Not exact matches

You may want to get some professional advice — especially if the patent examiner seems particularly obstinate — but in many cases the process is generally straightforward and doesn't involve difficult legal principles.

It's a moral principle that is embedded in our legal system, and that ought to have been embedded in Connellsville's HR policies.

Acosta, in an opinion piece for the Wall Street Journal, which was also shared with Reuters, said there was «no principled legal basis to change the June 9 date while we seek public input.»

Principles and Goals The Latino Coalition supports dynamic free enterprise, limited government, low taxes, quality educational opportunities for all, reasonable government regulation, legal immigration, fair and open trade, and a strong national defense, all in support of American exceptionalism.

If we are in an environment with higher business risk and higher legal risk, then the company is going to need somebody with deeper pockets and hopefully principles in order to keep it both commercially viable and editorially viable.»

Writing in a Wall Street Journal opinion piece, Acosta said that «we have carefully considered the record in this case, and the requirements of the Administrative Procedure Act, and have found no principled legal basis to change the June 9 date while we seek public input.»

In Canada, human rights remain an embedded principle of Canadian law and governance, embracing both civil / political dimensions and economic / social / cultural dimensions of human rights as indispensable to the operation of our political and legal systems.

In our engagement with China in Canada, respecting Canada's sovereignty and traditions is no less essential and calls us to uphold principles of intellectual freedom, civil society, and human rights through enforcement of our legal and regulatory standardIn our engagement with China in Canada, respecting Canada's sovereignty and traditions is no less essential and calls us to uphold principles of intellectual freedom, civil society, and human rights through enforcement of our legal and regulatory standardin Canada, respecting Canada's sovereignty and traditions is no less essential and calls us to uphold principles of intellectual freedom, civil society, and human rights through enforcement of our legal and regulatory standards.

Whether one views constitutional interpretation as grounded in a theory of original meaning or the traditional liberal theory of judicial restraint and neutral principles, the distinctive nature of this approach is that it is legal in nature.

«That Sudan continues to prosecute these men, and without even allowing them free access to their legal team, makes a mockery of the judicial process and is a clear violation of fair trial principles, as articulated in Article 7 of the African Charter on Human and Peoples Rights (ACHPR) and Article 14 of the International Covenant on Civil and Political Rights (ICCPR), to which Sudan is a party.

In his stunning new book Law and Revolution: The Formation of the Western Legal Tradition (Harvard University Press, 1983), Harold J. Berman argues that the roots of modern universalistic principles of law, morality, science and scholarship derive from essentially theological insights which are now in peril of being lost by neglecIn his stunning new book Law and Revolution: The Formation of the Western Legal Tradition (Harvard University Press, 1983), Harold J. Berman argues that the roots of modern universalistic principles of law, morality, science and scholarship derive from essentially theological insights which are now in peril of being lost by neglecin peril of being lost by neglect.

Basic principles of judicial independence, outrageously violated in some countries, freedom of the legal profession, sometimes precarious and prone to pressure and punitive tactics, deserve emphasis.

The Law society, in other words, has given «guidance» to its members as to how to draft wills in a way which circumvents English legal principles as they have always been accepted: and it envisages that this might even mean taking on the English law in court to see if their wily little legal tricks have been successful: a perfect example of an attempt to make the letter of the law prevail over its spirit: Christians will remember that, according to St Paul (2 Corinthians 3:6), «the letter killeth but the spirit giveth life».

The practice constituted by rights to private liberties may not be violated and, further, rebellion is bound by something like the following principle: Extra-legal attempts to establish what one takes to be the substantive conditions of a full and free discourse are not permitted unless the changes are more likely to occur or to occur more quickly in this manner than through legal activity, and the democratic political process is likely to sustain the changes once they are made.

It now follows that the constitutive principles of this association must also be legal in character; that is, an institutional process through which governing activities are properly determined must itself be coercively enforced.

We note also that the story illustrates a principle in Israel known as levirate marriage, and given legal formulation in Deuteronomy:

Even putting aside our deep - seated commitment to the principle of religious liberty in general, we believe that enactment of RFRA is of particular importance» practical, nonspeculative, immediate, legal importance» to the pro-life, traditional values movement.

Speaking on BBC Radio Lincolnshire, Peter Tatchell said: «He can't perhaps comment about the individuality of that particular case, but he certainly could comment on the principle, which is that he has, in the past, supported legal discrimination against gay people.

While Holmes frankly admitted that he hated facts and used them only as pegs on which to hang legal principles, Brandeis, as a practicing lawyer, immersed himself in the facts of a case to show that a particular outcome was the more just.

Book Review: Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles In International Law and World Religions.

But so long as we are not in this state of perfection we have to live by the rational elaboration of moral principles, and by specific moral and legal rules: «Thou shalt not kill.»

Which is why we must find a way to engage in public discourse that will reflect the «religious or spiritual principles that underlie our legal system and moral codes.»

The separation of Church and state and the legal recognition of the principle of religious liberty in both nations have led not only to pluralism through the protection of established religious groups and the encouragement of spontaneity and inventiveness; but have also fostered voluntarism in church organization and made the clergy largely dependent on lay support.

Bush extended its legal principles to other programs and created faith - based suboffices in several cabinet departments.

Hence we require a structure of moral and legal principles with the agencies of courts, legislatures, and political processes which establish laws in the light of the judgment of the people about their needs.

To begin with the elemental ethical level, the words of Amos denouncing those who would «make the ephah small and the shekel great, and dealing falsely with balances of deceit» (8:5) are set in formal legal language in both D and H. 17 All three codes under discussion have general laws against the perversion of justice.18 The principle of sympathy and consideration for the weak is expressed with astonishing variety.

«In every locale, in other words, the conscientious Catholic politician will seek the principled recognition of the state's interest in the protection of unborn human life and the maximum possible legal implementation of that principle, given local political and cultural realitieIn every locale, in other words, the conscientious Catholic politician will seek the principled recognition of the state's interest in the protection of unborn human life and the maximum possible legal implementation of that principle, given local political and cultural realitiein other words, the conscientious Catholic politician will seek the principled recognition of the state's interest in the protection of unborn human life and the maximum possible legal implementation of that principle, given local political and cultural realitiein the protection of unborn human life and the maximum possible legal implementation of that principle, given local political and cultural realities.

The increasing humaneness and inwardness of moral life under the influence of the great prophets and Jesus is illustrated in the changing ideas about forgiveness of enemies: In the older strata of documents, retaliation was distinctly taught as the proper principle of legal procedure — «Life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe.&raquin the changing ideas about forgiveness of enemies: In the older strata of documents, retaliation was distinctly taught as the proper principle of legal procedure — «Life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe.&raquIn the older strata of documents, retaliation was distinctly taught as the proper principle of legal procedure — «Life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, stripe for stripe.»

Instead Little argues the common law was in a fluid state at the time, seeking principles of legal interpretation for frequent new activities and conflicts.

A legal system is generalized, Parsons says, to the degree it is «an integrated system of universalistic norms, applicable to the society as a whole rather than to a few functional or segmental sectors, highly generalized in terms of principles and standards, and relatively independent of both the religious agencies that legitimize the normative order of the society and vested interest groups in the operative sector, particularly in government.

Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles In International Law and World Religions.

The last sentence is a rather chilling reminder of why the principle in the Marriage Pledge is so important: «the need to protect the sanctity of traditional, formal religious marriages from the threat of government imposed legal requirements is no longer relevant.»

This new term, created in order to establish the principle of a homosexual parental couple and to promote the legal option of giving a child two «parents» of the same sex, is a fictitious invention.