Sentences with phrase «of general legal principles»

With brief summaries of general legal principles on a broad range of topics, legal encyclopedias will get your research headed in the right direction.

Not exact matches

Even putting aside our deep - seated commitment to the principle of religious liberty in general, we believe that enactment of RFRA is of particular importance» practical, nonspeculative, immediate, legal importance» to the pro-life, traditional values movement.

To begin with the elemental ethical level, the words of Amos denouncing those who would «make the ephah small and the shekel great, and dealing falsely with balances of deceit» (8:5) are set in formal legal language in both D and H. 17 All three codes under discussion have general laws against the perversion of justice.18 The principle of sympathy and consideration for the weak is expressed with astonishing variety.

Likewise, it is not, in general, possible to apply principles of international law to a dispute to determine if something is or is not legal under...

The Code provides in the same Rule that «A judge is permitted to make public statements (my emphasis) in the course of his or her official duties or to explain for public information the procedure of the court, general legal principles, or what may be learned from the public record in a case.

See for example the 2000 Declaration of the South Summit by the G77 composed of about 130 member States [«We reject the so - called «right» of humanitarian intervention, which has no legal basis in the United Nations Charter or in the general principles of international law».

It is a general principle of these kinds of cases that the parties need to have intended for the person lacking legal title to acquire a beneficial interest, and proof to the contrary should make such a claim likely to fail.

The ECJ omitted in its reasoning the EU general principle of legal certainty.

In general, it is almost never fruitful to try to apply legal principles of any kind to their logical conclusion without grounding that logic in fact specific and context specific precedents and applications.

Indeed, the rights and interests of the victims of such fraud could be perfectly protected without infringing the general principle of legal certainty and the fundamental rights of the accused.

This follows on specifically from the general legal principles which form the basis of EU law, such as the principle of legal certainty and the principle of protection of legitimate expectations».

Instead, it would apply the EU fundamental rights and the general principle of legal certainty as interpreted by the ECJ.

Like you, I believe that there are strategies the LSUC could pursue which would achieve their substantive goals, strategies which accurately reflect existing (and unambiguous) legal and ethical obligations and which are consistent with constitutional requirements and principles (as I've noted above, if the current requirement around a Statement of Principle merely required acknowledgement of our actual existing obligations under the Rules, rather than a general duty to promote equality, diversity and inclusion which is found nowhere in the Rules, I suspect much opposition would melt away and the LSUC would be on far stronger Charter grounds).

The ICC cited also the arguably more general principle of legal certainty that applies to criminal law with particular stringency.

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 my research on general principles of law in the decisions of international criminal tribunals, I've found that the domestic legal systems that are most frequently invoked by the tribunals are, by far, those of Western Europe (in particular those of Germany, France, and England and Wales).

This method of instruction, embraced by nearly all U.S. law schools, encourages students to review appellate court decisions, analyze the judge's reasoning and findings and deduce general legal principles from specific cases.

The Luxembourg Court, in adherence to the great shift in thoughts aimed at protecting «the rule of law at the national and international levels», as the United Nations General Assembly urges (see UN GA Resolution A / RES / 67 / 2012), and intended to repress the crime of serious VAT fraud, with established an effective measure (i.e., the disapplication of national rules incompatible with Article 325 (1) TFEU, Article 2 (1) of the 1995 PIF Convention as well as Directive 2006/112 on the EU's common system of VAT, read in conjunction with Article 4 (3) TEU) which, alongside the guilty, condemns States defaulting and disrespecting EU law and the founding principles of the world legal order.

In the Charter terminology, the notion of «principle» points towards a more open obligation of the public powers, as it would not define an individual legal situation, but general topics and results which condition the actions of all public powers (para 50).

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.

The Advocate General decided to first tackle the more principled questions of horizontal effect and of the legal effect and justiciability of Charter principles implemented by a directive before examining the practical case at issue.

To affirm the practical effectiveness of legal principles, the Advocate General suggests that implementing acts should be understood as those that «substantively and directly» concretise the content of a principle, to avoid regarding whole areas of regulatory action such as the social or environmental law of a Member State as an implementing measure (paras 63 - 64).

The ECJ confirmed once again that the ECHR «does not constitute, as long as the European Union has not acceded to it, a legal instrument which has been formally incorporated into EU law», even though Article 6 (3) TEU confirms that fundamental rights recognised by the ECHR constitute general principles of EU law and Article 52 (3) requires that ECHR - corresponding rights in the Charter are given the same meaning and scope as those laid down by the ECHR (para. 45).

The Advocate General concludes thus that Article 27 of the Charter can be relied upon in principle in legal proceedings between private parties, or at least not excluded based on Article 51 (1) of the Charter (para 41).

[28] This is not to suggest that a person's general knowledge or understanding of a legal principle, obtained as the result of legal advice received in a different context, will necessarily or even usually be sufficient to result in deemed waiver.

I nevertheless think it preferable for judges to say that they are trying, with reference to municipal legal systems, to solve legal problems in a way that will make a positive contribution to international law more generally, rather than to claim that general principles derive their validity from state consent or from the objective nature of law.

Rectification: The Governing Legal Principles The Ontario case of Kanji v Canada Attorney General 2013 ONSC 781 provides a good review of the law of rectification of a mistake.

[81] The duty of lawyers to avoid conflicting interests is at the heart of both the general legal framework defining the fiduciary duties of lawyers to their clients and of the ethical principles governing lawyers» professional conduct.

Entering this critical fray, this article examines the debate on both sides of the coin for the inclusion and exclusion of digital devices and the attendant use of social media within the courtroom, based primarily on its accordance with the theoretical and legal underpinnings of the open court principle as they exist at the level of both Canadian law and general jurisprudential theory.

«Having considered the decisions, the writings and the various aspects of the public interest which claim attention, I have come to the conclusion that the court should state the relevant principle as follows: a document which was produced or brought into existence either with the dominant purpose of its author, or of the person or authority under whose direction, whether particular or general, it was produced or brought into existence, of using it or its contents in order to obtain legal advice or to conduct or aid in the conduct of litigation, at the time of its production in reasonable prospect, should be privileged and excluded from inspection.»

The only limits to such interpretation are set by general principles of law, such as the principle of legal certainty and non-retroactivity (Pupino, para. 44).

If an individual decision is wrong on a point of law, there is often no continuing damage done to the general legal principle because other arbitrators are unlikely to hear of that arbitral decision and are not obliged to follow it even if they do.

This takes us to the essence of Justice Stratas» reasoning here which is that in legal proceedings (judicial reviews in particular) under our Westminister system of government, an attorney general enjoys a presumptive right to intervene on the basis that public rights are vested in the Crown and an attorney general enforces those rights and represents the public interest: «Giving Attorneys General a broader right to apply to intervene in order to advance the public interest — as Rule 110 (c) does — is consistent with these foundational principles and constitutional arranggeneral enjoys a presumptive right to intervene on the basis that public rights are vested in the Crown and an attorney general enforces those rights and represents the public interest: «Giving Attorneys General a broader right to apply to intervene in order to advance the public interest — as Rule 110 (c) does — is consistent with these foundational principles and constitutional arranggeneral enforces those rights and represents the public interest: «Giving Attorneys General a broader right to apply to intervene in order to advance the public interest — as Rule 110 (c) does — is consistent with these foundational principles and constitutional arrangGeneral a broader right to apply to intervene in order to advance the public interest — as Rule 110 (c) does — is consistent with these foundational principles and constitutional arrangements.

The Law Society of Ontario has just announced its approval - in - principle of a joint action plan that is the culmination of a Family Legal Services Review commissioned last year in conjunction with the Ministry of the Attorney General.

In short, one would have expected that the reference in Dunsmuir to «questions of general law» was a reference to general legal principles for which tribunals could not claim relative expertise.

As the Court clearly stressed in Opinion 2/13 (paras. 37 - 38) and Opinion 2/94 (paras. 34 - 35), has special significance for the EU legal order, due to its linkages with the sources of EU law, be it general principles of EU law or the Charter of Fundamental Rights (e.g. Article 52 (3) CFR).

For example, it concedes, in principle, that some questions of bias or procedure might not be questions of general law of central importance to the legal system but rather questions of discretion, policy or interpretation of a decision - maker's home statute to which a deferential approach should be applied.

A general legal principle is that a contract can't create a breach of statute law.

Biotechnology patent law operates under the same general legal principles as other areas of patent law.

There are a lot of cases where intelligent and very capable appellate judges are trying to navigate the tension between general principles of administrative law and general questions of importance to the legal community....

Family law problems are not resolved by the application of legal tests with bright lines; each family law problem is different and, regardless of precedent, is resolved by the application of general principles to the unique circumstances of the particular family before the court.

As a general rule a corporation is a legal entity distinct from its shareholders: Salomon v. Salomon & Co., [1897] A.C. 22 (H.L.) The law on when a court may disregard this principle by «lifting the corporate veil» and regarding the company as a mere «agent» or «puppet» of its controlling shareholder or parent corporation follows no consistent principle.

(a) knowing general legal principles and procedures and the substantive law and procedure for the areas of law in which the lawyer practises,

Case law shall complement the legal system by means of the doctrine repeatedly upheld by the Supreme Court in its interpretation and application of statutes, customs and general legal principles.

The new code states that a lawyer should know «general legal principles and procedures and the substantive law and procedure for the areas in which the lawyer practises» (Rule 2.01 (1)(a)-RRB-, but does not provide the 1995 code's explanation of what that means:

The same general legal principles of liability apply «on the internet in general.»

Whether I was seeking advice and guidance on general legal principles or tips on handling specific judges, Jamison was always incredibly supportive and informative... I have had the opportunity to observe Jamison in court and found him to be one of the most organized, professional and zealous attorneys I have encountered in my career.

«Although this is a dispute of immediate relevance only to the parties, the course of judicial resolution will establish legal principles of general application in future cases.

On both issues, I submit that Mr. Justice Moldaver relied upon the court's perception of the «science» behind these legal principles in reiterating a long held position that intoxication is not a defence to a general intent offence without referencing any recent empirical studies but instead merely citing the twenty - one year old Daviault case.

In his dissent, Justice Kirby considered the interpretation of the LAA through examining legal authority, legal principles and legal policy which «demand respect for the legal rights to property of private individuals in Australia generally, and in particular the legal rights of Aboriginal Australians...» [68] He focused on the general principle of common law which requires that legislation depriving individuals of established legal rights must be clear and unambiguous: [69]