Sentences with phrase «while application of law»

Much attention is focused towards legal history and philosophy, while application of law and practical legal skills are totally neglected.

Not exact matches

While concerns about China's acquisition of dual - use technologies, or those that can be used for military applications, sparked the push to strengthen the CFIUS review process, proposed investments from other countries could be slowed down if FIRRMA becomes law.
Under the California law cited by the CHP, drivers can't use «a television receiver, a video monitor, or a television or video screen, or any other means of visually displaying a television broadcast or video signal that produces entertainment or business applications» which is «visible to the driver while driving the motor vehicle.»
While an assessment of the NGP record with respect to ecosystem services will have to await a future post, the least that can be said is that their debut here is a positive development that is bound to alter the way EA is done in Canada going forward (for another potential application of the ecosystem services concept in Canadian environmental law, see here).
While some of those assets may be overseas, shipping collapses invariably involve the application of cross-border insolvency laws.
While the individual instance is not equated to the universal law or abstraction, it does not destroy the relative intelligibility required for freedom but permits the application of reason to free choice.
While some of the laws have universal and timeless application (e.g., «Do not murder»), many of the laws have no such universal application.
The Church, he said, «unequivocally condemns the manipulation of religion for political ends, while urging the application of international humanitarian law in every aspect of the fight against terrorism.»
While most American evangelicals worry about the application of Shari`ah law in the US, according to a 2015 LifeWay Research poll, Muslims do not favor it.
I appreciate this legal reasoning might not be very satisfying, particularly in light of your hypothetical, and while I personally disagree with the effect being a religious business owner may indirectly impose their beliefs upon their employees, I nonetheless see the decision as a correct application of the law (i.e. RFRA) as written.
Thus, while there are legitimate and important questions to be asked about which body of law applies in the area of counter-terrorism, U.S. lawyers are likely to continue to contest the application of human rights principles to what they contend is a «war context.»
I have proposed a Prevention of Terrorism Bill, which would unwind the application of the Act and give us a proper terrorism law, ruling out the application of the HRA 1998 while insisting on habeas corpus, due process and fair trial on one hand, and guiding judicial interpretation of provisions during a public emergency on the other.
So it's not about visa applications, but about foreigners who are already in Germany and are violating German law (how to deal with those is a point of contention between the left and the right; the right to far - right wants to «deport criminal foreigners», while the left wants to use the German justice system).
So, while U.S. law still provides an incentive to publish as a way of establishing an invention, under European patent law people who publish before they file a patent application aren't protected.
While governments can mandate legal requirements for schools, in a lot of instances bureaucracy that tries to control the details of the application of such laws prevents schools from being able to implement different ideas that would better meet their needs.
While borrower defense applications typically require the borrower to specifically show that his or her school violated state law, the Everest and WyoTech findings qualify students enrolled in the covered programs and time periods to apply for a discharge of their federal Direct Loans through an expedited process using a simple attestation form.
This issue is not so much about federal regulations or inconsistencies between state laws and RESPA so much as is about HUD recognizing agency representation for the borrower as a compensable service, fair and equal application of RESPA to all costs (including borrower's broker), and a formal acknowledgment that some brokers are intermediaries that sell access to money while others are fiduciaries.
maintaining a balance between each interdependent function of the body systems while igniting the body's own internal healing force through the application of the laws of health mandated in nature.
If you act as a consumer and have entered into a contract while residing in another country, the application of mandatory law of such country shall not be affected by the previous sentence.
Its counsel, Michael Carroll of law firm Latham and Watkins, filed a motion to suspend the application process, «while Applicant considers whether or not to withdraw.»
The 2001 study shows this concern to be baseless, as no significant transdermal uptake of THC would occur even in a worst - case scenario of highly compromised skin and full - body application of hemp oil containing 10 ppm THC (the maximum limit allowed by Canadian law, while 5 ppm THC in hemp oil is in fact the informal industry standard).
While the law is up to date to 31.7.8, some editing of references to «freeing applications» is required and Ch 8 on care proceedings could perhaps do with addressing in more detail the issue of placement order applications under the 2002 Adoption and Children Act that are often sought within care proceedings.
Moreover, the clear severance of ESM from Article 136 (3) TFEU, and thus any roots in EU law, appears specious in light of the remainder of the judgment, which upholds the role of the EU institutions (including the Court) in the ESM and points to the importance of (Commission administered) conditionality on the one hand, while on the other, the application of the Charter of Fundamental Rights is excluded because the ESM is not within the scope of EU law.
While it is no perfect solution either (and there probably is none), the Advocate General's solution of doing exactly the same thing the other way round — offering the action for damages as consolation for the party that has previously benefitted from an erroneous transformation of EU law by the Member State and now pays the price because of horizontal direct effect excluding the application of a norm of national law they had relied on — has at least a somewhat more equilibrated approach towards sharing the burden of advantages and disadvantages.
While the principles of law are relatively straightforward, it is the application of these principles to widely varied fact situations that is critical.
And while I believe the Court's application of the rules of statutory interpretation left something to be desired, this mild criticism does not detract from my view that the Court has provided a well - reasoned and thoughtful decision that has helped to reduce indeterminacy in the law.
While, as I've said many times before, the concepts in electronic discovery are straight - forward and EDD should be seen as evolutionary rather than revolutionary, the details, the tools, the practical questions, and the application of law and rules to specific facts can be confusing, complicated and challenging.
Furthermore, it is argued that while the prior involvement procedure is not absolutely necessary, the scope of application of EU fundamental rights vis - à - vis the Member States does need further clarification and prior compliance control with regard to the Charter is required (Christiaan Timmermans); and that the co-respondent mechanism represents an entirely new approach within ECHR law (Giorgio Gaja).
One of the oddities of family law, at least from a client's perspective, is that while the client may view «their case» in the singular, in reality, there may be several separate strands before the court, for example, the divorce (usually straightforward), financial provision (generally one application before the court, but with the potential to branch off down different routes particularly if enforcement is required), and arrangements for any children (hopefully, in most cases, capable of agreement without proceedings being issued, but sometimes not).
In her contribution, the author argues that while the EU obsession on the choice of the proper legal basis is far from being a thing of the past, the legislative process in criminal law at EU level needs improvements in other key aspects, namely the application of the ultima ratio and proportionality principles when discussing new legislative proposals.
Some countries may recognise common law trademark rights based on the use of a mark, while other jurisdictions give priority to the first party to file a trademark application, regardless of use.
On the application, in comments, of the laws of war to this latest Israeli / Palestinian disaster — while I can understand the need for those laws, there is something about resorting to them to justify «civilian deaths» that seems morally unconvincing to me.
While some law firms are already using a combination of search and data analytics technologies to improve the way they retain and search for data, they're also leveraging these capabilities to improve business processes such as building applications that intelligently combine information into solutions that support everything from contextual search to pricing, matter management, and team resourcing.
While in law school he focused on litigation practice courses specifically designed to enhance understanding of the practical application of the law.
Also, the fact that some Member States would rely on public standardisation bodies while others turn to private organisations may lead to inequalities in the application of EU law.
For the purposes of section 103 (5), an «adjournment» means a pause on the English court's decision on enforcement while an application for setting aside or suspension of the award is pending before the court of the country in, or under the law of which, the award was made.
Notably, the law does not ban the use of a cell phone for browsing the internet or the usage of applications while driving.
While I agree that the Presiding Officer's decision was correct in law and within a range of reasonable outcomes, this case raises concern that the Court's broad application of the self - incrimination immunity exception to one class may have adverse effects on the public.
After articling at an established medium - sized Vancouver firm myself 26 years ago, and pretty well staying with downtown Vancouver firms for most of my professional life, I'd have to say that students who article in Surrey or practise for their first few years there (or for that matter, any place outside of downtown Vancouver), may have a greater opportunity for getting into court on a regular basis than their downtown counterparts, who can be stuck compiling lists of documents on multimillion - dollar deals and doing memos of law while their Surrey colleagues are in trial after trial, and chambers application after chambers application, cutting their teeth in front of judges.
As of December 22, 2014, eligible spouses or common - law partners can work in Canada while they wait for their application for permanent residence to be processed.
While the dictionary may be helpful for law students and trainees, we are pretty disappointed with the lack of effort given to the «training» (application for position) and «insight» (firm publications) areas.
While the lawyers acting on behalf of the London company negotiated the scope of documentation directly with our client, we responded to requests for extensions to the time limit specified in the order for making an application in accordance with the procedure under English law.
While the specific interpretation, application, and limits of the law of equality are always open to reasoned argument and respectful debate, the underlying concept of equality is as basic to modern law as mathematics is to engineering and biology is to medicine.
But another aspect of McCaleb v Rose — that section 91 (24) «lands reserved» powers confer immunity from the application of provincial laws, while Aboriginal title does not — is troubling if we think about reconciliation and the ongoing diminishment of Aboriginal powers, authority and governance by various government actors (including the courts) in Canada.
While the subject of «conflict of laws» has caused generations of law students» eyes to glaze over, the practical applications of deciding what jurisdiction's law applies in a given situation can often make or break a case.
One could be forgiven for believing that Dunsmuir sought only to recognize a correctness category with respect to the application of common law and equitable principles while making room for the exceptional case; those where the tribunal had developed an expertise in the application of a particular common law or equitable principle.
Justice Ross concluded that there was no irreparable prejudice arising from the amendments, there was no argument that the claims made in the amendments are hopeless, the limitation period of the PIPA s 54.1 had been met and did not prevent the addition of grounds or new claims in an amended Originating Application, and there was no bad faith, as the ATA wanted to avoid the cost of litigating a similar issue while the law is unsettled (ATA, paras 24 to 38).
While Federal Labour Law No. 8 of 1980 (as amended)(the «Labour Law») includes provisions which seek to assist employers in trying to prevent this risk from materialising, it remains a vexed topic among employers as the application of the Labour Law in relation to this topic often gives rise to uncertainty.
While Legal Tech has been more commonly associated with the application of technology and software to help law firms with practice management, document storage, billing, accounting, and electronic discovery, in the last few years it has blossomed more into a means whereby access can be granted to people through online software that might reduce or even eliminate the need to consult a lawyer.
Thus, while the application of the wrong test for causation was an error of law, the error stemmed from the trial judge's failure to appreciate that the expert witnesses were unable to state that causation was established on a balance of probabilities.
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