Sentences with phrase «own legal doctrines»

Watch Video The Hon. Justice David Stratus on «Reflections on the Decline of Legal Doctrine» Filmed on January 8, 2016 at the Canadian Constitution Foundation's 2016 Law & Freedom Conference.

The latter legal doctrine covers claims against companies who manufacture and sell a defective or dangerous product.

Yet in the course... of rationalization of legal thinking on the one hand and of the forms of social relationships on the other, the most diverse consequences could emerge from the non-juridical components of a legal doctrine of priestly make.

This concern has derived, in part, from the growing recognition that the triumph of strict separationism as a legal doctrine, with its promise to expunge all religious symbols from the public arena, may actually infringe upon the free exercise of religion cherished by American Jews.

I find it hard to see the Obama administration articulating a legal doctrine of preemptive self defence claim in this scenario.

Citizens United overturned a century of legal doctrine when it ruled that pursuant to the Free Speech Clause of the First Amendment, corporations and labour unions have the right to spend unlimited amounts of money through ads, commercials and other political tools to support or oppose candidates for office.

The SC's breaches of the above cited constitutional Articles and its total disregard for legal doctrines and principles that are international customary practices are not only unconstitutional but also tantamount to scandalising the judiciary.

This above is supported by the legal doctrine of «nemo judex in sua causa» (no - one should be a judge in his own cause) held scared in most democratic societies.

These Articles applied and interpreted in sync, coupled with legal doctrines or principles of «ex facie curiae», «actus reus», «mens rea», «respondeat superior» and «nemo judex in sua causa», all of which were breached and disregarded respectively by the SC, my conclusion is that the SC acted unconstitutionally in the Montie case.

These areas are distinguished by the combination of ambiguous legal doctrine and constituencies eager to exploit that ambiguity to pursue policy objectives.

The judiciary's role in social policymaking expanded broadly with the rights revolution of the 1960s, as the public's thirst for «total justice» combined with the courts» willingness to embrace new legal doctrines, increasingly long and complicated federal statutes, and the emergence of well - funded advocacy organizations to generate a surge of litigation across policy areas.

If First Sale rights, or a similar legal doctrine, is recognised in case law or statute as covering ebook sales, there could be interesting consequences, particularly if DRM is also challenged on similar grounds.

Under the legal doctrine of civil asset forfeiture, your money can be accused of a crime, seized, and tried separately from its owner.

The legal doctrine of «insurable interest» [II] is critical to the life insurance industry.

The panel of judges ruled that 25 of Prince's 30 «Canal Zone» collage - paintings fairly sourced images from Cariou's book Yes, Rasta according to the legal doctrine of «fair use,» which allows artists to employ other creators» imagery as long as they «transform» it into something substantively new.

Sorochan claims that social covenant is of the same «constitutional importance as promises by the representatives of government to the First Nations» where court cases evoked the legal doctrine of «honour of the Crown» which asserts that Canada is honour bound to carry out the promises of the social covenant.

However, New Hampshire uses a legal doctrine called modified comparative negligence to assign fault.

As Justice Stratas put it to the attendees, should Canada ever be gripped by some form of threat or disorder, leading the government to abridge the civil liberties of many Canadians, do we want the judge deciding the constitutionality of the government's action to be able to turn to a body of constitutional law «based on fundamental principles, consistently applied over decades» — in other words, «settled legal doctrine» — or do we want the judge deciding the issue based upon «her or his own worldview?»

The title of his keynote address was «Reflections on the Decline of Legal Doctrine.»

However, Tennessee uses a legal doctrine called modified comparative negligence to assign fault.

In Justice Stratas's view, judges and academics too often take a results - oriented approach to the law, rather than rigorously applying legal doctrine.

Massachusetts also recognizes a key legal doctrine called vicarious liability.

In fact, the Carnegie Report's recommendation to this effect acknowledges that it is «building on the work already underway in several law schools...» 49 And based on these experiences, a robust literature has developed extolling the virtues of integrating writing with doctrine.50 In reviewing this literature, a number of themes emerge: integration sends the right institutional message to students about the importance of writing in their legal careers and about the relationships between doctrine, analysis, and writing; 51 there is a strong connection between writing and thinking; 52 and writing is an integral part of the learning process.53 Integrating doctrine and writing therefore sends an explicit message that law students do not write in a vacuum, they always write about some legal doctrine, and they learn that doctrine better when they analyze it fully enough to be able to write about it.

By integrating writing and doctrine in the first semester, we are sending a message to our students, at outset of their legal education, that there is no real divide between analyzing legal doctrine and the writing that communicates that analysis.54 By writing within a doctrinal context, students are able to see the ways in which the law and how it is structured influence their writing choices.55 Moreover, students tend to develop a deeper understanding of the connected doctrinal course because of the writing that occurs in that doctrinal area.56 Thus a number of the benefits that result from integrating the two courses arise from the synergies that come from teaching both courses together.57 What follows are some specific synergies that I have observed in teaching the integrated LA&W and Introduction to Torts courses.

Additionally, if the employee was found to be at - fault, the company could be vicariously liable to pay damages to the injured victims under a legal doctrine known as respondeat superior.

Well before the Carnegie Report was published, a number of law schools were integrating the teaching of legal doctrine with legal writing.

However, as with most legal issues, this is not always clear cut and courts employ many legal doctrines when warranted to find that contracts are not enforceable.

In a 2007 report, Educating Lawyers: Preparation for the Profession of Law (Carnegie Report), the Carnegie Foundation for the Advancement of Teaching reported on a number of gaps in legal education and set out a series of recommendations for bridging those gaps.2 Among the authors» findings was the «increasingly urgent need to bridge the gap between analytical and practical knowledge...» 3 The resulting recommendation that the teaching of legal doctrine be integrated beyond «case - dialogue courses» and into courses that focus on more practical skills acknowledged that this idea was «building on the work already underway in several law schools...» 4 One of the schools where the teaching of legal analysis has long been integrated into practice - focused courses is the University of Maryland School of Law (Maryland).

There have been stories dicussing actual legal doctrine, and less stories dealing with how cool AmLaw 100 law firms are.

However, in Illinois and many other states, the legal doctrine, implied warranty of habitability, applies to landlords.

According to YouTube: Fair use is a legal doctrine that says you can reuse copyright - protected material under certain circumstances without getting permission from the copyright owner.

Chapter 2 tackles familiar, but important questions of competence and legal doctrine at Union level.

And that perhaps is why its doctrines demand such strict servility to the law; it is in the duty for the strict and correct application of legal doctrine that the key to judicial accountability lies, as I think the comments earlier this year of Mr. Justice David Stratas made clear (succinctly described and linked here: https://doubleaspectblog.wordpress.com/2016/01/15/taking-doctrine-seriously/).

It is my impression that he was being very conscientious about doing his job, to the point that he actually submitted the sacred tenets of feminist law to fundamental legal doctrine.

The legal doctrine that allows this type of claim against a third party is called vicarious liability.

However, Louisiana uses a legal doctrine called pure comparative negligence to assign fault.

However, South Carolina uses a legal doctrine called modified comparative negligence to assign fault.

Rather, they accept the presumptive validity of the existing curriculum's primary focus on domestic legal doctrines and institutions, which the proponents seek to enrich by incorporating a global perspective.

Also, Massachusetts recognizes a legal doctrine called vicarious liability, which holds an employer liable for careless acts that an employee commits during the course and scope of employment.

The Court of Appeal found that the trial judge made an error of law by ignoring the legal doctrine that an agreement that is signed in counterparts forms a binding agreement as demonstrated in Foley v R., [2000] 4 CTC 2016 (TCC).1

Court decisions written hundreds of years ago form the basis for our common law system and are still used as tools to educate law students on legal doctrine.

However, Idaho uses a legal doctrine called modified comparative negligence to assign fault.

When Ontario's land titles system does the above, it follows an outdated legal doctrine called «deferred indefeasibility» (or delayed guarantee).

Nor am I confident that traditional faculty are uniformly generous when evaluating scholarship on legal doctrine authored by a legal writing colleague.

Major differences include the lesser importance of case law compared to legal doctrine and, accordingly, of case law databases.

A legal doctrine by which a court refuses to consider trifling matters.

Under the legal doctrine of scienter, a dog owner may not be liable for a dog bite if the dog had never bitten somebody or had never shown a propensity to attack in the past.

Chief Justice Joyal advocated, among other things, that judges should approach constitutional cases with the «principled restraint, consistency and predictability that can and should come from identifiable constitutional and legal doctrine.»

However, New Mexico uses a legal doctrine called pure comparative negligence to assign fault.

However, West Virginia uses a legal doctrine called modified comparative negligence to assign fault.