Sentences with phrase «of applicable legal principles»

The front page of each section contains a summary of the applicable legal principles, answers to common questions about the topic, and links to pages that provide more detailed discussions about specific aspects of the topic.

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.

Not exact matches

The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

Well, but we have to decide this case pursuant to a generally applicable legal principle, and that legal principle is one, it seems to me, that demands some sort of a limit.

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.

Anything else, Apple insists, could be considered «overreaching» and «establish a vague new compliance regime — applicable only to Apple — with intrusive oversight lasting for ten years, going far beyond the legal issues in this case, injuring competition and consumers, and violating basic principles of fairness and due process.»

It then proceeded to applied this principle to case before it: «[20] It follows from the foregoing that a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals is included in any event among the bodies against which the provisions of a directive capable of having direct effect may be relied upon.»

Does this mean that EU law has effectively lowered the legal protection of individuals in Italy and any other Member State that considers the principle of legality or legal certainty to be universally applicable, regardless of whether some provisions are labelled as substantive or procedural?

In my view, even if statutes of limitations periods should be considered as forming part of procedural law, this would not mean that they are exempted from the EU general principle of legal certainty and that they can be modified on a case - by - case basis by courts, arbitrarily, without any clear and generally applicable legislative guidance.

In finding that Coachman had a duty to defend Mr. Kelley in the underlying action, the Court first reviewed the well - established legal principles applicable to assessing an insurer's duty to defend and the interpretation of insurance policies, generally.

Once you find all of the applicable text, you simply apply general legal principles to reach a conclusion, then hire a lawyer to determine where you went wrong, then hire another lawyer to determine where he went wrong.

It is therefore very helpful for a single practitioner work, such as this, to gather together the most important rules, guidelines and so - called «soft law» on the subject, to set out the key principles applicable in each type of arbitration, and to provide illustrative cases from a number of different jurisdictions and legal traditions.

On appeal, the Crown asserted errors of law alone on the basis the judge erred in: (i) failing to properly instruct himself on the legal principles applicable to considering evidence of collusion; (ii) failing to consider all the evidence relevant to the issue of collusion; (iii) misapprehending the evidence relating to collusion; and (iv) correctly assessing the elements of perjury in one of the particulars.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

[107] Bearing in mind the applicable legal principles, including the Brown criteria, in light of the evidence and weighing the pertinent contingencies, I conclude that the sum of $ 120,000 is the present value of a fair and reasonable measure of Ms. Suthakar's loss of future income - earning capacity.

The practice is incompatible with a precedent - based legal system because it is inconsistent with the doctrine of stare decisis — when a court has decided a principle of law applicable to certain facts, it will apply that principle to all future cases where the facts are substantially the same.

Although this decision focussed on professional fees in the context of court - supervised insolvency, the court stated at para 41: ``... many of the principles described in these reasons may also be applicable to other areas of legal practice...».

In reaffirming that principle, the Court of Appeal restated another basic proposition — that the divisions of the High Court are not, like the common law and equity courts of old, separate jurisdictions applying different sets of legal principles, but component parts of one court applying one body of law applicable to all of its divisions.

Corporate Insolvency: Pension Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of pensions law and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.

A second aim of the chapter is to describe the relevant law of armed conflict principles applicable to new weapon systems, with a particular focus on the unique legal challenges posed by autonomous weapons.

The Best Practice Principles are applicable in all cases involving family violence or child abuse or the risk of family violence or child abuse in proceedings before courts exercising jurisdiction under the FLA. 4 They provide useful background information for decision makers, legal practitioners and individuals involved in these cases.