Sentences with phrase «settled legal principle»

«Exceptional circumstances» is a concept of somewhat uncertain contours that, in the end, seems rooted as much in equity as settled legal principle.

Not exact matches

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?»

Although the Canadian articulation of the legal principles seem to resemble the American precursor, the language of the Canadian judicial treatments clearly indicates that the insurer's duty to settle within limits is much less strict.

The words «without prejudice» have meaning in the context of the legal principle that discussions toward settling litigation should not be used in the litigation against the discussion's participants.

According to legal experts such as Bruce A. Green, New York City, professor at Fordham University School of Law and member of the Section of Litigation's Council (referring to the New York City bar opinion), these rulings «take settled principles and familiar rules and apply them to a slightly different setting».

The words «without prejudice» have meaning in the context of the legal principle that discussions toward settling litigation should...

The first two are applications of the principles of legal professional privilege to multi-party situations, while the last is a rule that protects from production to the tribunal correspondence made in a genuine attempt to settle a dispute.

This wording incorporates two important Community law principles which are explained further in the same judgment: «It is settled case law that in the absence of Community rules governing the matter it is for the domestic legal system of each member state to... lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community law, provided, however, that such rules are not less favourable than those governing similar domestic actions (the principle of equivalence) and do not render virtually impossible or excessively difficult the exercise of rights conferred by Community law (the principle of effectiveness).»