Sentences with phrase «of case law defining»

There is plenty of case law defining how a police dog should be deployed.

Not exact matches

He has been involved in many of the cases that have defined the interaction between Canadian business and law for four decades, from gold mines to boardrooms, from oil fields to isotopes.

The amendment would require Oklahoma courts to «rely on federal and state law when deciding cases» and «forbids courts from considering or using» either international law or Islamic religious law, known as Sharia, which the amendment defined as being based on the Quran and the teachings of the Prophet Mohammed.

Article 14 (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law; Article 19 (1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court; Article 19 (11) No person shall be convicted of a criminal offence unless the offence is defined and the penalty for it is prescribed in a written law; Article 19 (12) Clause (11) of this article shall not prevent a Superior Court from punishing a person for contempt of itself notwithstanding that the act or omission constitution the contempt is not defined in a written law and the penalty is not so prescribed; and Article 126 (2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitution.

The Amherst Republican says the updated bill defines the law and aids police how to handle alleged cases of cyber-bullying.

Appellate - level court cases define case law, generate media coverage, influence public perceptions, and can be tracked over time as an empirical indicator of the broad parameters of court climate toward school discipline.

For almost two decades, scores on math and reading tests have dominated how success was defined in American schools; low test scores led to the restructuring — and in some cases closure — of schools across the country under No Child Left Behind law.

As we've already discussed, what that exclusive right consists of has been further defined over the years by Congress and case law.

German law, for example, defines the standard case not as a split of assets, but an equal split of GAINS during a marriage.

Or that of other commentators like Eric Goldman, who warned (of a related court case) that «all hell will break loose» if the law defines websites as public accommodations and makes them adopt «accessibility»?

But if the limits are solid, as is the case with our economic system hitting the limits of the planet — defined by unchangeable physical capacity and the laws of physics, chemistry and biology — then it can't find its way through.

For the traditional practice of law this doesn't matter, because the outlying cases define the range and that's what practitioners and courts are looking for.

«The lawyer's overriding obligation is to say and do nothing to harm the client's interests, defined broadly to include the client's case outcome, the client's reputation - based concerns, and the client's desire for privacy,» says ethics expert Lara Bazelon, who teaches at the University of San Francisco School of Law.

Finally, in cases regarding whether regional law had overstepped into the domain of national legislation, the SCC has used EU law and CJEU decisions to construe the meaning of national legislation and define the perimeter in which regional laws can validly operate (see STC 157/2016).

In the later case of Oxfordshire County Council v Oxford City Council [2006] UKHL 25 Lord Hoffmann said that the «any neighbourhood within a locality» requirement (added by the CROW amendment) was «obviously drafted with deliberate imprecision which contrasts with the insistence of the old law upon a locality defined by legally significant boundaries» (para [27]-RRB-.

Although each state defines UPL differently, the practice of law is generally recognized to include: (1) accepting cases from a client; (2) setting fees; (3) rendering legal advice; (4) signing legal documents; and (5) appearing in a representative capacity before a court or other adjudicatory body.

The Court should nevertheless strive to further define the contours of its case - law in order not to lapse into illegitimacy (p. 86).

First, there could be a jury instruction that defines the phrase (presumably derived from distillation of prior case law); second, they could assign the expression the «plain meaning».

The criminal case does not provide compensation to the victim of a crime — it seeks justice against the person who has committed a crime as defined under Florida law.

Finally, although the judiciary strives to uphold claims to privilege, recent case law (in particular RBS Rights Issue Litigation, Re [2016] EWCH 3161 (Ch)-RRB- demonstrates the significant constraints they are operating in to meet the requirements of the controversial Court of Appeal decision in Three Rivers District Council (No 5)[2003] EWCA Civ 474, [2003] All ER (D) 59 (Apr)(TR5) where, among other things, «client» was narrowly defined.

It requires the juror to respect the legitimacy and authority of the law, and to only refuse to apply the law in the exceptional case where, assessed as a representative for the community as a whole, such a refusal is essential for justice (with justice defined in light of our laws and constitution).

find a case or a textbook explaining «tangible property,» «civil law corporeal property» and «custody,» none of which are defined by the act;

In my own entry on the subject, I highlighted that most of the case law setting out the «suitability test» is in union contexts - interpreting and applying collective agreements, which usually do expressly define probation.

Recently, John has been involved in a substantial number of cases concerning employment law and pensions, concerning matters such as the closure of Defined Benefit schemes, and age discrimination issues.

As noted above, the European Commission's brief makes two basic arguments, the first substantive and the second procedural: (1) that the jurisdictional limits of the ATS should be defined by reference to international law, in particular that the US should allow universal civil jurisdiction only in cases where universal criminal jurisdiction would normally apply; and (2) that the US's exercise of universal civil jurisdiction must be constrained by the procedural limits imposed by international law, in particular by an exhaustion requirement.

The defining feature of law practice management software is its case / matter - centered organization.

In such cases, recitals have been playing major role in defining the proper scope of regulations (case law on Brussels 1 regulation may be a good example).

Unless, of course, one is prepared to concede that law isn't logical at all, or that law is no different in the way it process information than religion; in which case learning how to «think like a lawyer» is learning how to believe in pink rabbits because the law defines a flying elephant as pink rabbitt as everybody knows elephants can't fly (see, legal fiction).

The Institute of Family Law Arbitrators has a clearly defined process, which is endorsed by the courts in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan) as leading to a binding court order in almost all cases.

«Judge Defines «Technologically State of the Art Law Firm» in Context of Detainee Case Main An Immigration Treatise Haiku Contest?»

Under s 10 of LASPO, exceptional case funding will only be granted where it is shown that failure to do so would amount to a breach of either human rights under the ECHR as defined by the Human Rights Act 1998 or any rights of the individual to legal services that are enforceable under EU law.

The privileges are also not hereditary, which the case law has seen as the defining feature of a title of nobility.

The Boucher case [Boucher v. the King, [1951] S.C.R. 265], which used truth as a defence, eliminated an archaic Quebec law defining sedition as criticism of the government and led to the dismissal of nearly 125 sedition

With respect to the resolution of parenting disputes after separation, fewer of the family law cases of respondents from Alberta resulted in a form of shared custody, defined as the equal or near - equal distribution of children's time between separated parents, compared to the cases of respondents from the rest of Canada.

A serious offence is defined in SCA 2007, s 2 (2) as an offence under the law of England and Wales which is either specified in Sch 1 or is one which the court considers to be sufficiently serious in the circumstances of the case.

That particular law of Canada sets out federal powers that, in some circumstances defined in the case law, are given paramount or wholly exclusive status under the doctrines of paramountcy and interjurisdictional immunity.

The Boucher case [Boucher v. the King, [1951] S.C.R. 265], which used truth as a defence, eliminated an archaic Quebec law defining sedition as criticism of the government and led to the dismissal of nearly 125 sedition charges.

His experience in Texas criminal law and the court system can make a defining difference in the outcome of your case.

Full PDF of this issue Table of Contents Featured Articles: Bench Marks: Cases that Change the Legal Landscape Special Report: Aboriginal Law Departments Columns Featured Articles: Bench Marks: Cases that Change the Legal Landscape Some decisions our courts make carry the possibility of changing lives (same - sex marriage) and defining our institutions (the Senate).

This is in stark contrast with the general law of search, established in cases such as R. v. Mann, which prevents peace officers from using a specific, narrowly defined search power to engage in a «fishing expedition» for unrelated incriminating evidence.

Medical malpractice (as defined by law) can be tough to prove in many circumstances, but our attorneys are well - versed in the law and are happy to review the facts of your case for free.

Despite the court's rhetorical attempt to limit such injunctions to «extraordinary» cases, every case is extraordinary as he defines it; the reasoning applies to federal immigration laws, federal regulations of immigration attorneys, and federal law regulating any conduct.

A body of case law has grown around the term «economic loss» (which is not defined in the SABS), primarily focused on what is or is not an «economic loss».

Because our Maryland injury attorneys have so narrowly defined our law practice, our lawyers exclusive focus on serious personal injury cases has allowed us to maximize the benefits of our experience to get the best results for our injured clients.

The focus of the appeal is the legal meaning of the phrase «her mind is then disturbed», a phrase which is not defined in the Code and for which the case law has provided little explanation.

Whether or not a demand was lawful engages questions about how the demand fits within the requirements of the Criminal Code as those requirements have been defined in the case - law.

These are a hodge - podge of words, phrases, and habits of expression that have accreted over the centuries, mixing Law French with Latin, the English of the early modern period, memorable phrases from the case law and defined terms from statutLaw French with Latin, the English of the early modern period, memorable phrases from the case law and defined terms from statutlaw and defined terms from statutes.

To understand the meaning of this word, which is not defined in the Criminal Code, case law is needed.

For 2016, law students researched and argued the management and union side of a case centred on whether an employer could switch from a defined benefit pension plan to a defined contribution plan, and whether an employer could discipline two employees for picket line conduct.

The language of «principles» as opposed to «policy» or «practice» clearly suggests belief rather than conduct, and the upcoming educational (CPD) requirements, on equality, diversity and «inclusion» (the latter being a term that is undefined in the case law but which has variously been defined by the Working Group (in the report) as «making a better space for everyone» and (on the definitions website) with reference to RBC's corporate policy — which we can celebrate as the first time that a corporation's principles have been incorporated by reference into legal requirements!