It can't
strictly apply in all cases, and judges have to have discretion.
Not exact matches
In the relatively few
cases where the privilege was upheld, most of these tests were not
strictly applied.
The Federal Court has often
applied the «irreparable harm» component of the RJR Macdonald test for an injunction
strictly and has denied injunctions
in many
cases.
More recently,
case law indicates that there is an expectation on practitioners to also
apply the test for capacity as set out
in the MCA 2005 (albeit,
strictly speaking, that Act does not
apply to those under 16).
I therefore do not regard this as a
case in which the District Court was required to
apply Title VII standards as
strictly as would
Moreover,
in the
case of summer job applications, the 6 second rule doesn't
apply as
strictly.
Kelly observes that
in the seventeenth and eighteenth centuries, America
applied a paternal preference
in divorce custody
cases, but by the nineteenth century, no longer
applied the preference as
strictly as English law.