Sentences with phrase «modern court of law»

Not exact matches

The U.S. Supreme Court is clear and straightforward on this, she says: «Modern corporate law does not require for - profit corporations to pursue profit at the expense of everything else, and many do not.»

There are a number of examples in Canadian case law where issuers were attempting to sell «utilities» or something similar to modern day tokens and coins, where the court simply didn't buy the argument.

A theory of constitutional law that may be out of fashion in today's legal academy, but that fits comfortably within the modern conservative and the traditional liberal views of the courts, begins with certain basic premises: the existence of law and the possibility of meaningful rules of law.

This is such a truism that one is almost ashamed to pen the words, and yet it remains a fact that, in a great deal of the more conservative biblical scholarship, it does seem to be assumed that the appeal to factual accuracy would he as valid and important a factor in the case of ancient Near Eastern religious texts as it would be in a modern western court of law or in a somewhat literally - minded western congregation.

For a «Supreme Court justice to express himself so freely on religious matters is unequaled in the modern era,» observed Stephen Gillers, a professor of legal ethics at New York University Law School, one of many alarmed respondents cited by Chandler.

The resulting code is the basis of the modern so - called «inquisitorial system» of criminal courts, used in France and many civil law countries, though significantly changed since Bonaparte's day (especially with regard to the expansion of the rights of the defendant).

Will your statement about Eric's intent or «youcut» stand up in a court of law or are you like most modern day writers, damn the truth, believe my spin.

The Statute of the International Court of Justice — the closest thing modern international law has to a constitution — identifies as sources of international law not just treaties and customs, but also the «general principles of law recognized by civilized nations.»

Bribery bill The purpose of the bill is to strengthen the law against bribery, through provision of a modern, comprehensive scheme of bribery offences to equip the courts to deal effectively with bribery at home and abroad.

«The purpose of our consultation is to ask how, in a modern, internet - connected society, the law of contempt can continue to support the principles that criminal cases should be tried only on the evidence heard in court,» Professor David Ormerod, who is leading the consultation, said.

In any court of law in any modern democracy around the world, evidence gained through wrong - doing is inadmissible.

Of the judgment summons procedure of Brooke LJ (at [44]-RRB- summarised the Court's view thus: «The Human Rights Act 1998 has now been in force for just over 2 months, and it is already clear that the introduction of a code setting out modern international standards of fairness is doing work of considerable value in shining light into some of the dustier corners of our laOf the judgment summons procedure of Brooke LJ (at [44]-RRB- summarised the Court's view thus: «The Human Rights Act 1998 has now been in force for just over 2 months, and it is already clear that the introduction of a code setting out modern international standards of fairness is doing work of considerable value in shining light into some of the dustier corners of our laof Brooke LJ (at [44]-RRB- summarised the Court's view thus: «The Human Rights Act 1998 has now been in force for just over 2 months, and it is already clear that the introduction of a code setting out modern international standards of fairness is doing work of considerable value in shining light into some of the dustier corners of our laof a code setting out modern international standards of fairness is doing work of considerable value in shining light into some of the dustier corners of our laof fairness is doing work of considerable value in shining light into some of the dustier corners of our laof considerable value in shining light into some of the dustier corners of our laof the dustier corners of our laof our law.

A number of well - written articles chronicle at least some of the history of legal writing in the law school curriculum.1 However, those articles were written with a different purpose in mind: the authors sought to employ history to show the pedigree of legal writing and argue for an equal place in the curriculum with doctrinal courses and an equal position for its teachers with other «case - book» faculty.2 Because of this purpose, they understandably focused a large part of their historical narrative on legal writing in the «modern law - school,» an entity that has existed only since the late 1800s.3 The articles paid considerably less attention to the era that preceded it, beyond brief mentions of the Inns of Court in England, apprenticeship in America, and the private law schools and early attempts at law teaching that preceded Langdell's introduction of the case method.4

We say this because the division of powers part of the judgement (commencing at para 98) is full of all sorts of references to two levels of government (see e.g. para 141) and similar comments about «interlocking federal and provincial schemes» that make it abundantly clear that this Court has given no thought to the space within which indigenous laws may operate within the modern constitutional order (for recognition that the law making authority of aboriginal peoples pre-dated the Crown's acquisition of sovereignty, was not extinguished by that acquisition of sovereignty and was not impaired by the division of legislative powers between the federal and provincial governments in 1982 see Campbell v British Columbia (2000), 189 DLR (4th) 333 (BCSC) and Justice Deschamps in Beckman v Little Salmon / Carmacks First Nation, [2010] 3 SCR 103 at para 97).

Contrary to the modern English position, it may be appropriate for reviewing courts to accord deference to interpretations of law rendered by administrators.

It would be unfortunate if a modern day statutory definition of this kind did not give courts and tribunals sufficient flexibility for the law to address new ways of working in the future.

In this episode of the Modern Law Library, Prof. Issa Kohler - Hausmann explains to the ABA Journal's Lee Rawles the impact this change in tactics had for New York City police, courts and residents, and discusses her new book, Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Polcourts and residents, and discusses her new book, Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows PolCourts and Social Control in an Age of Broken Windows Policing.

The Constitution's waning global stature is consistent with the diminished influence of the Supreme Court, which «is losing the central role it once had among courts in modern democracies,» Aharon Barak, then the president of the Supreme Court of Israel, wrote in The Harvard Law Review in 2002...

Hale LJ dissented and expressed concern regarding a general enforceability of pre-nuptial agreements and that the law should «not introduce a presumption or starting point in favour of holding the parties to it: the guiding principle should be fairness in the light of the actual and foreseeable circumstances at the time when the court comes to make its order» and stated that «modern marriage still possesses an irreducible minimum, which includes a couple's mutual duty to support one another and their children».

1937 was a hugely significant year, not only for the publication of the first edition of Atkin's Encyclopaedia of Court Forms in Civil Proceedings, but also for family law: the passage that year of the Matrimonial Causes Act (MCA 1937)(commonly referred to as AP Herbert's Act, for his zeal and persistence in advocating reform) marked a major development in divorce law reform and paved the way for modern matrimonial and civil partnership legislation.

One notable empirical study by Professor Patrick Borchers suggested that courts using these modern approaches tended to apply forum law to tort conflicts anywhere from 55 to 77 per cent of the time — a statistically significant trend that diverged markedly from the level of forum preference seen in cases applying the older territorial rules.

Though the Supreme Court of the United States has not banned criminal defamation statutes on a federal level, in Garrison v. Louisiana, the court strongly suggested that those types of slander and libel laws had no place in modern socCourt of the United States has not banned criminal defamation statutes on a federal level, in Garrison v. Louisiana, the court strongly suggested that those types of slander and libel laws had no place in modern soccourt strongly suggested that those types of slander and libel laws had no place in modern society.

The Royal Court has often closely followed developments in the matrimonial law and practice in England and Wales, but Carey Olsen believe the Commission's proposals, if implemented, would create a modern divorce law which would offer this jurisdiction a law in advance of its time, inasmuch as it would enable Jersey residents, subject to safeguards, to have a far greater say in how and when they divorce and manage the financial issues arising on divorce.

I'm not happy with all this litigation in the sense of I'd rather not be in court because I think these are things that could be solved without litigation, but the reality of our modern life is that people that have a lot of money want to guard their money, so they sued us over these laws and standards we posted.

The problem is simply stated as follows: Develop a principled approach to reconcile traditional accounts of the rule of law with the modern reality that administrative agencies and statutory tribunals who do not operate like or resemble the ordinary courts but who nevertheless occupy a large amount of space in our legal system and can not avoid making legal determinations in exercising their statutory duties which often implicate individual rights and interests to a greater extent than judicial decisions.

The Court signalled in Canadian Western Bank v Alberta, 2007 SCC 22 (CanLII), that generally the use of the doctrine should be minimized since it is redolent of more rigid approaches to constitutional law that favour «watertight compartments» rather than the more modern cooperative federalism approach.

Until the justice system and the legal profession strictly adhere to the Rule of Law and adopt modern standards of transparency, independent oversight and external accountability, Canadians can not truly say that the justice system and courts belong to all of us.

Other than KRE 614, Lawson's observation of the practice, and the Slaughter case, there was not much in the way of modern case law or authority in Kentucky to instruct trial judges and litigators on any particular procedural or substantive considerations for allowing juror questions, until the Kentucky Supreme Court issued its opinion in Fraser v. Miller, 427 S.W. 3d 182 (Ky. 2014).

Calder is best known for his role in the Nisga'a Tribal Council's Supreme Court case against the province of British Columbia (commonly known as the Calder case), which demonstrated that Aboriginal title (i.e., ownership) to traditional lands exists in modern Canadian law.

At the firm of Modern Law, PLLC, our experienced Scottsdale spousal maintenance attorney can help you to understand what spousal maintenance is, and when a court may issue a spousal maintenance order.

Trailblazing in the Modern Legal Era (sponsored by the US District Court of Oregon)-- University of Oregon Law School - 2013

The history of the Federal Bill of Rights in the early state courts points also to some deficiencies of modern constitutional law.

Ms. Birnbaum has received the Margaret Brent Women Lawyers of Achievement Award from the American Bar Association, the John L. McCloy Memorial Award from the Fund for Modern Courts, and the Law and Society Award from the New York Lawyers for the Public Interest.

The extent (and limitations) of the power to vary nuptial settlements is analysed in Chapter 7, including the interpretation in the modern case - law of the nuptial characterisation and the ascertainment of what is settled property susceptible to the court's variation power.

At para 70, the court noted that attitudes towards LGBTQ persons have changed considerably over the past 15 years, and is one of the most fluid areas of law in modern jurisprudence.

The proposition that there is a Caparo test which applies to all claims in the modern law of negligence, and that in consequence the court will only impose a duty of care where it considers it fair, just and reasonable to do so on the particular facts, is mistaken.

Her Honour, in adopting the modern English law approach, found that a court's unlimited in personam jurisdiction over a defendant justifying the issuance of a worldwide Mareva injunction did not depend on whether a defendant had assets in the jurisdiction at all.

A conversation with Judge Richard A. Posner of the Seventh U.S. Circuit Court of Appeals (and senior lecturer at the University of Chicago Law School)-- one of the most provocative voices of both the modern federal judiciary and legal academia.

As for other requirements, records officers must have knowledge of applicable Police Department codes, procedures and policies, in - depth knowledge of court procedures, strong knowledge of modern office techniques, remarkable ability to interpret and apply laws, policies and practices, solid ability to complete files and records, and exceptional communication skills.

Now, 40 years after «no - fault» divorce laws established modern divorce standards (generally equal division of property, significant sharing of the children, and support of a lower earning parent by a higher earning parent), most families don't even need family court to make their decisions.