Sentences with phrase «relevant legal principles»

I'm preparing for a law exam on agreement and in my tutorials and lectures I have not been taught about Taylor v Laird, however I keep on seeing the case in the Relevant Legal Principles of the exam answers.

The proper analysis is whether a judge has confidence that a summary judgment motion can provide the necessary facts and apply the relevant legal principles, not whether the procedure is as exhaustive as a trial.

The relevant legal principles can be excavated from the general prolixity but you have to search for them.

After all Mr Justice Munby — a Family Division judge with an Administrative Court ticket — has reminded us that it's all the same law whichever judge you are before (see A v A (St George Trustees Ltd)[2007] EWHC 99 (Fam), [2007] 2 FLR 467): «The relevant legal principles which have to be applied are precisely the same in [the Family] Division as in the other two divisions.»

Achieving success such as this at trial requires the judgment and experience of trial lawyers who are able to articulate and argue the relevant legal principles that apply to the case.

Prior to disposing of the matter the Court provided the following summary of the relevant legal principles:

A fair and just process must permit a judge to find the facts necessary to resolve the dispute and to apply the relevant legal principles to the facts as found.

The Honourable Mrs Justice Simler, sitting alone in the Employment Appeal Tribunal, stated the Employment Judge had correctly applied the relevant legal principles to the facts, but had concerns about whether these meetings had the protection of s111A ERA 1996 or without prejudice privilege.

In reaching this decision the court summarized the relevant legal principles as follows:

The filed materials, including the transcripts, allow for a fair and just process and allow me to find the facts necessary to resolve the dispute and apply the relevant legal principles to the facts as found.

This can not be compromised... It bears reiterating that the standard for fairness is not whether the procedure is as exhaustive as a trial, but whether it gives the judge confidence that she can find the necessary facts and apply the relevant legal principles so as to resolve the dispute.»

It was the judge's responsibility to direct them to the relevant legal principles.

In determining the appropriateness of a summary proceeding, the emphasis of the court is on whether it gives the judge «confidence that she can find the necessary facts and apply the relevant legal principles so as to resolve the dispute».

In assessing the adequacy of a jury charge, the Court of Appeal must ask if the jury would have understood the issues of fact, the relevant legal principles, how the facts relate to the law, and the positions of the parties based on the trial judge's remarks.

It is also significant that almost 20 years since the commencement of the Native Title Act the relevant legal principles for calculating this compensation have not yet been determined.