Sentences with phrase «meaning at common law»

It stated that the status of a probationary employee has «acquired a clear meaning at common law», enabling an employer to terminate an employee without common law notice during the probationary period if the employer makes a good faith determination that the employee is unsuitable for the position.

Not exact matches

We tend to view law not as aimed at creating individual or common good but as a means of mediating dispute and keeping civil peace.

And this is the problem: the measures he proposes would and could only be enforced at the cost of massive violations of human rights, and by dismantling the fragile but promising structures of technological know - how, international law, trade, and communication by which we are building up a still - feeble sense of what it means to be a single humanity on a single globe, under God and responsible for a common world.

That's because, if he had, it's at least plausible the judge would have used some version of: a connection is «substantial» if it's «material» which means «if it falls outside the de minimis range», because that's where one is likely to wrongly go if one is going to err and is a lawyer who practised in common law Canada between 1997 and 2007 even if mostly on the criminal side.

However, they rather disappointingly take the view that «a rule which causes hardship to many, including some who are in no way to blame for the situation in which they now find themselves, does not mean that it is... unlawful at common law.»

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with the services offered by complainant lexis is a paper exchange programme that our department participates in with several english departments in ontario and quebec lexis is and particularly how it is different from «vocabulary lexis is the basis of language lexis is probably less well known lexis is now advertising lexisone on law lexis is continued until graduation lexis is determined to carry on with similar community projects for future lexis is used extensively to provide legal information lexis is closed or lexis is a french lexis is only permitted lexis is less sophisticated than westlaw lexis is concerned lexis is designed to keep out of the way of the candidate as much as possible lexis is open to all areas of literary study lexis is available from most of the other subject categories as well lexis is remarkably homogenous in nature lexis is similar to westlaw in coverage lexis is licensed by west group to use its star pagination system lexis is an exciting new twist on the 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«[D] ue process of law is violated by «a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application.»

Fundamentals of Canadian Competition Law, J. Musgrove ed., 2nd edition (Carswell, 2010) at 1: The somewhat peculiar term «antitrust» law is the result of the fact that when the U.S. Sherman Act was proposed, in the late 1880s, a number of significant business enterprises were held under common beneficial ownership by means of trusts.&raqLaw, J. Musgrove ed., 2nd edition (Carswell, 2010) at 1: The somewhat peculiar term «antitrust» law is the result of the fact that when the U.S. Sherman Act was proposed, in the late 1880s, a number of significant business enterprises were held under common beneficial ownership by means of trusts.&raqlaw is the result of the fact that when the U.S. Sherman Act was proposed, in the late 1880s, a number of significant business enterprises were held under common beneficial ownership by means of trusts.»

A German panellist at the UNCITRAL colloquium on ODR last March described the common standard as a «blue button» approach, meaning that a merchant's web site could have an icon or button in EU - blue, clicking on which would amount to a choice of this common set of legal rules rather than the national law of either party.

They provide a means of transmitting communications without in any way participating in that process... I am also prepared to hold that as a matter of law that an ISP which performs no more than a passive role in facilitating postings on the internet can not be deemed to be a publisher at common law.»

It is useful to quote key observations by Stadlen J [at paras 126 - 129]: «In my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguards.

And this is what I understand to be the meaning of our lawyers, when they say that these civil corporations are liable to no visitation; that is, that the law having by immemorial usage appointed them to be visited and inspected by the king their founder, in his majesty's court of king's bench, according to the rules of the common law, they ought not to be visited elsewhere, or by any other authority.53 And this is so strictly true, that though the king by his letters patent had subjected the college of physicians to the visitation of four very respectable persons, the lord chancellor, the two chief justices, and the chief baron; though the college had accepted this carter with all possible marks of acquiescence, and had acted under it for near a century; yet, in 1753, the authority of this provision coming in dispute, on an appeal preferred to these supposed visitors, they directed the legality of their own appointment to be argued: and, as this college was a mere civil, and not an eleemosynary foundation, they at length determined, upon several days solemn debate, that they had no jurisdiction as visitors; and remitted the appellant (if aggrieved) to his regular remedy in his majesty's court of king's bench.

Another factor which has postponed the resolution of the debate as to whether the extinguishment of native title as it occurs under Australian law is discriminatory, is that there has been a high level of uncertainty around the two important components essential to its determination: first the interpretation that the High Court would give to the extinguishment provisions of the NTA and its relationship with extinguishment at common law; and second the meaning of discrimination as it applies to native title.

3.4 That the Native Title Act be amended to define «traditional» more broadly than the meaning given at common law, such as to encompass laws, customs and practices that remain identifiable over time.