Sentences with phrase «legal system as»

For example, the non-biological co-parent in a lesbian relationship, has not typically been recognized by the legal system as a parent who has rights to claim custody or access in relation to a child that they have parented.

The applicants sought the Federal Court to consider whether communal title in traditional ritual knowledge, as expressed through artwork, could be recognised and protected by the Australian legal system as an incidence of native title, and alternatively whether a fiduciary obligation could be found to be owed by the artist back to the community and whether the common law is capable of recognising some form of traditional community ownership of copyright in equity.

To make such a submission is merely to recognise that values of justice and human rights (especially equality before the law) are just as much aspirations of the contemporary Australian legal system as they are of the international legal regime.

It is not a coincidence that our legal system is based on the male model of morality; indeed, feminists recognize and define our legal system as «male.»

The continued involvement is not only with each other but with the legal system as well.

They are an important part of the legal system as they perform research for cases and other administrative duties that are essential within... Read More»

They are an important part of the legal system as they perform research for cases and other administrative duties that are essential within a law office.

The court clerk plays important roles in the legal system as they ensure court processes run smoothly.

International and comparative study also serves to broaden a student's perspective on our own legal system as they analyze law in contrast.

We've mentioned before how our Trusts & Estates professor described the German legal system as «the mind of God revealed to man.»

Bombarded with questions about onuses, methods of prosecution, criminal procedure, and many other inquiries about the legal system as a whole, I had to pause and remind myself that these were Grade 6 students and not a first - year law school class.

The court wrote that the Supreme Court instructed courts in Sattva to only apply a correctness standard on exceptional questions of law, such as constitutional questions, or general questions of law that are of central importance to the legal system as a whole and outside the adjudicator's area of expertise.

However, where a question of law falls into one of four correctness categories, the presumption is rebutted and correctness applies (Capilano at para 24): These are (i) constitutional questions regarding the division of powers; (ii) issues «both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»; (iii) «true questions of jurisdiction or vires»; and (iv) issues «regarding the jurisdictional lines between two or more competing specialized tribunals».

The standard of correctness governs: (1) a constitutional issue; (2) a question of «general law «that is both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»»; (3) the drawing of jurisdictional lines between two or more competing specialized tribunals; and (4) a «true question of jurisdiction or vires».

On the other hand, the correctness standard will apply where constitutional questions, questions of law that are of central importance to the legal system as a whole, and true questions of jurisdiction arise [Edmonton Police Service, para 22].

Meanwhile, keep an eye out for Part 3 of this series of blogs that will highlight the second chapter of the report, which examines the pros and cons of the current legal system as well as the access to justice issues that plague it.

This is my selection of key events during the gradual civilization of Canada's legal system as it relates to residential school claims and indigenous rights generally.

Starting from zero, while weathering storms internal and external, China is building a legal system as it goes.

Wilson - Raybould also sees Canada's legal system as one of its selling points on the world stage.

The broader significance — the general importance to the legal system as a whole — arises from the Supreme Court's judgment.

She held that the Commissioner's decision that it had the power to compel production was reviewable on a standard of correctness because the question was one of «central importance to the legal system as a whole» (at para 20).

Because, with all due respect to Côté J's argument that the issue in this case relates to a matter of general importance to the legal system as a whole (solicitor - client privilege), it is hard to accept the characterization of this decision as about solicitor - client privilege, rather than about the interpretation of the Privacy Commissioner's home statute.

She sees the legal system as an instrument for social change and wants to use the legal system to empower, inspire and help people see positive change in their lives, their families and their communities.

Canadians view the legal system as inward looking and unwilling to change unless it benefits «legal insiders» — i.e. judges and lawyers.

It reminds lawyers that we owe, not only a duty to our clients, but also to the legal system as a whole.

It should not be assumed that prisoners are fully aware of these statutes and the workings of the legal system as a whole as the general public typically is not.

If self - represented litigants come to view the legal system as unfair, then they may begin to lose confidence in it and Canada would be left with a justice system that denies justice.

Lack of access to justice represents a problem where the very legitimacy of the legal system as a way for all Canadians to resolve disputes is at stake.

Correctness applies to (1) constitutional issues; (2) questions of general law «both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»; (3) the «drawing of jurisdictional lines between two or more competing specialized tribunals»; and (4) «true question [s] of jurisdiction or vires.»

[54] On the other hand, the position of the Federal Court of Appeal, which held that the tribunal was answering a question of general law of central importance to the legal system as a whole, seems equally plausible.

So, inevitably, the parlous state of our legal system as it relates to ordinary people is a non-issue as 7 May approaches.

As noted in Part I, the notion of transparency has long been entangled with the integrity of the justice system, as the democratic legitimization of judicial power flows from the public's collective confidence in the legal system as an impartial and independent arbiter of rights.

Although (or perhaps because) the monopoly is wearing away at the edges, lawyers and their governing bodies continue to cling tightly to this pillar of the legal system as we know it.

Where you have employed in - house legal counsel who communicates with client company employees on a matter of legal concern, the rules governing the attorney - client privilege (or a foreign law counterpart) might well be different in — for instance — the European Union's legal system as compared with the U.S.

Caroline travelled to Egypt, and he describes his first - hand observation of the legal system as «eye - opening,» where Egyptian lawyers had to shout over each other — and over a two - metre - high wall — to get the judges» attention.

I would like to suggest that the law (a legal system, generally, such as the U.S. legal system as we know it) has a life of its own.

In 33 of the 62 countries polled for TI's Global Corruption Barometer, a majority of respondents describe their judiciary / legal system as corrupt.

In the United States, the percentage of respondents describing their judiciary / legal system as corrupt is about 55, and it is 33 percent in Canada.

«The issue to be resolved in this case is not a question that is of central importance to the legal system as a whole and lies outside the ATQ's specialized area of expertise,» Brown wrote.

As such, they hold a crucial place in the Canadian legal system as they enable our courts to go beyond regular awards of damages stemming from a case and to effectively «punish» defendants for bad behaviour.

Bar associations, law offices, and the legal system as a whole, are not exactly the most agile environments.

The AOL's vision is aligned with the goals of the Government of Dubai, and is consistent with the DIFC's overall objectives — that is, developing the GCC legal system as an economic growth platform.

Professor Volokh specifies that he and his reader seek «a clear, objective description of the legal system as it is.

Restrictions on non-lawyers practicing law seemed as fundamental to our legal system as the hallowed doctrine of judicial review.

In her view, true questions of jurisdiction are «extinct in the wild» whereas general questions of law of central importance to the legal system as a whole are «critically endangered».

While messy, strange, hypocritical, and in a sense dishonest, widespread tolerance of lawbreaking forms a critical part of the U.S. legal system as it functions.»

ESM 207 - Environmental Law and Policy [4 units] Salzman Basic elements of the legal system as it specifically relates to environmental issues.

You are really seeing this revolution taking place in the legal system as well as in our homes.»

And not the legal system as no laws exist to protect animals from bad breeding.

Publishers and online retailers are conducting high - profile battles in the legal system as well as the court of public opinion.