Sentences with phrase «on general legal principles»

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.

The SCC's decision is based in part on Quebec contract laws that don't apply elsewhere in Canada, but also on general legal principles that do:

Not exact matches

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».

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).

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).

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.

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).

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.

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

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.

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.

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

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]