Also a comprehensive appreciation of the various areas
of uncertainty in the law and practice is essential, because it allows one to use that uncertainty to your client's advantage.
Doctrinal flexibility demonstrated by the Canadian Western Bank and Marcotte decisions violates the division of powers,
introduces uncertainty in the law and undermines the concept of stare decisis, which is central to our justice system.
As ALI explains,» the founding Committee had recommended that the first undertaking of the Institute should
address uncertainty in the law through a restatement of basic legal subjects that would tell judges and lawyers what the law was.
«But this isn't just about protecting what we have, it's also about addressing gaps or
uncertainties in the laws currently in place and ensuring that women have access to the law.
The issue of what constitutes employment on a full time basis abroad is one that is frequently litigated before the Immigration Appeal Division, and this case goes a long way towards
resolving uncertainties in the law regarding the issue.
Given
the uncertainty in the law and the range of regulations that a state may wish or be forced to apply, it is difficult to say how the battle over regulations will be resolved.
«There are a lot of different views and not a lot of common law decisions that take a united approach to the issue, which means there is a lot of wiggle room for parties to argue one way or another, and that leads to
uncertainty in the law,» he says.
Ensuring, at the very least, that clients are aware of
this uncertainty in the law, in writing, may serve to avoid or avert a potential negligence claim in the future.
The third option set out in Wronko, allowing the employee to reject the change, has created
some uncertainty in the law with regards to how that option, as a practical matter, can be relied upon by an employee in various constructive dismissal fact scenarios.
The total, therefore, who are affected by
the uncertainty in the law will be a fraction of 1 %.
After all, the conflicting decisions of reasonable adjudicators were the very reason for
the uncertainty in the law.
Different tests for family status discrimination have resulted in inconsistency and
uncertainty in the law.