How to use case law in a sentence

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Sentence Examples With regards to case law in particular, further reasons lie behind the motivation to its widespread distribution. What does not exist on the statute books or in the case law is evidently permissible. Quebec's case law differs from the rest of Canada in that it follows a civil rather than a common law system. In this decision, I am not jettisoning all case law developed by judicial decision on the facts of real cases. When reviewing cases, councils will also need to take into account any fresh case law judgments from the Appeal Court that may be relevant. There is conflicting case law on whether a private placement can be given retrospective authorization. This submission codifies case law and makes explicit the treatment of capital gains derived by a business. However, both statute and case law have imposed some limitations on this power. There has been considerable case law on the issue of retroactive payments recently. Lawyers and judges can still benefit from thoughtful analysis of case law and statutes. There is nothing in the case law, says Aldridge, which says there is not value in the repayment of trust monies. It draws from existing case law and fits well within good human resources practice. She reviewed case law and gave her own opinion of their importance to the litigation. There is a large volume of case law that addresses the issue of time-limited spousal support. This essay type question concentrates on a particular difficulty which has developed in the case law of the Court of Justice. It is important to note that in this area the law is the product of case law rather than statute. A significant amount of statutory law, and a large amount of case law is based around this concept. There is a body of case law dealing with a similar issue in the context of conditional sentences, that may apply by analogy. Both involved newspapers and were settled out of court, resulting in no case law. English law, by contrast, has had to wrestle with this problem, both in statute and case law. Show More Sentences In Britain, however, a large body of case law evolved from the enforcement of statutory enactments. Of course, the matter is of public interest but the point is secure on established case law and clear in your Lordship's judgment. According to the information provided to the Court, there has been no case law to remedy this state of affairs. The case law in this area is somewhat divided but not really conflicted in principle. According to Ohio case law, the minimum period required to acquire a prescriptive easement is 21 years. You still need reference to case law, statutory definitions and general principles in an essay answer. The Strasbourg case law refers to actual bodily injury or intense physical or mental suffering. Before examining the case law it may be helpful to understand the central issues which underlie this area. Your statements of law should be backed up by reference to authorities, statute or case law. Recent case law on malpractice litigation and informed consent has been incorporated. With minimal direction given in statute, jurists wrote case law in response to specific claims brought before them. Are these examples clear, or is there a degree of imprecision in the case law? The professional duty of care for architects is now well established by case law. Thus, by virtue of this case law, France Télécom must be regarded as not falling within the ambit of the ordinary-law arrangements. I have no idea about the law behind that, but obviously these guys can say whatever they want and find the case law to back it up. Because these acts are legal documents, the inconsistency between these acts and case law provides an argument in support of psychologists' qualifications to diagnose. In light of the existing case law, it is difficult to understand how this continued discrimination can be justified. According to the case law, this includes making the item clearly available for sale. Legislation and case law may also play an important part in providing for the rights of aliens. Are there any special issues or case law that govern the exhaustion of trademark rights in your country in case of repair or recycling? Show More Sentences I suggest that, in future, this case law be given a legistic reading as well. That right was guaranteed by law and rather frequently used, as shown by the case law his delegation could make available to the Committee. Legal uncertainty also results from the commingling of depositary-specific legal obligations and the broad civil case law. This fifth column reviews the case law dealing with the rule of complementarity of federal tax legislation with provincial private law. In practice, however, it poses a number of problems not all of which have yet been elucidated by the case law of the European Court of Justice. And yet for citizens, and jurists in particular, keeping up with changes to national law and case law has become more and more of a challenge. The Quebec case law has also recognized that temporary or mutable states, such as being a student, could form a social condition. Perhaps your ruling, through case law, will untie the hands of the members. Initially, having consulted early English case law, he concluded that the mother's letter probably did amount to acquiescence. This case provides an excellent, clearly written summary of the case law on confusion and distinctiveness. This proposal would, in part, codify recent case law that has specified that advice does not include factual information. The case law referred to considers acquiescence to be a type of qualified inaction. These high-profile cases underscore the challenges inherent in building a new body of case law. It recommends that they take account of the case law of the European Court of Human Rights in this area. There seems to be a very small body of case law related to violations or alleged violations of export control laws. It is backed up by monitoring of new developments in regulations and case law, allowing regular updates of audit terms of reference. In our survey of the case law, we will consider what level of performance an employer is entitled to expect from the employee being accommodated. There was an entire body of case law in that regard, as well as statistics which would be communicated to the Committee. I have not found any case law directly covering such a scenario. The caution displayed for many years by the French Conseil d' Etat concerning the supremacy of Community law is mirrored in the case law of other States. Show More Sentences The case law is clear that this is a remedy that is rarely granted. There is no definition of true owner in the statutory or case law. The case law makes clear that he had that right as a director and officer. The case law under the previous rules on this point was not coherent. The failure to refer the judge to the relevant case law was reprehensible. There has not been a great deal of case law in relation to these. Thus, Guam courts look to California case law to assist them with interpretation of the Code of Guam. The arbitrator hearing the grievance noted that most of the case law on falsified employment applications concerned applications to obtain the job itself, not a promotion. However, as it is based on the leading case law, provincially-regulated employers would be well advised to review it and consider adopting its approach. Even though the majority add, obiter, that this federal jurisdiction is exclusive, the authoritative trend in the case law agrees with the idea that the provinces have concurrent jurisdiction over the same subject-matter. The case law of the ECJ toned down this obstacle by a restrictive interpretation of the exception of article 36, by introducing the theory of exhaustion of rights. Terrorism is a protean notion difficult to address, in part because there are only a few international treaties and limited case law on which to draw. To ensure consistency of the strong practice, ALYANAKIAN AVOCATS heavily invests in legal documents and databases each year, hence enabling it to always keep afloat of legislative, relative case law and doctrinal changes. Risks investigations into Canadian case law and extrajudicial writing spanned form the late 19th century to the post-World War II era. Furthermore, Spar did not put before us any case law to the effect that the overlap of a single issue attracts the application of the lis pendens alibi doctrine. This has been defined in case law to cover information that would not have been discoverable at the time of the earlier hearing, and that could reasonably be expected to affect the outcome. Further efforts to unify jurisprudence, through the systematic publication of case law and the organisation of meetings with judges of lower courts were undertaken. While the Committee had traditionally held article 7 of the Covenant to have an exclusionary effect, its relevant case law was perhaps not altogether solid. Wysocki, quotes Supreme Court case law recognizing that newsletters are entitled to the full protection of the First Amendment. You may find information on legal aid, judicial training and videoconferencing in a user-friendly language and have online access to legal databases, case law, insolvency, land and will registers. Show More Sentences South African case law is currently being used at the international level to give impetus and momentum to the strengthening of the international human rights instruments dealing with economic, social and cultural rights. The Roman law underlying civil law developed mainly from customary law that was refined with case law and legislation. Although there is no explicit legislation or case law on international secondary action, it can be presumed that the conditions applying to national secondary action also apply to international secondary action. The decision of the tribunal is reviewed and case law is argued. There is no distinction in law between an express prohibition on the removal of a child out of the jurisdiction contained in a court order and one implied by settled case law. We believe that the tax position related to these transactions was proper, based upon applicable statutes, regulations and case law in effect at the time the transactions were entered into. Advocates of the lawsuit said the case law was clear. They have also indicated that in 2008, they invited lecturers to discuss the European Convention on Human Rights and the case law of the European Court on Human Rights at Police Academies. The legal and tax resource sections have links to the federal tax code and regulations, state and federal case law and tax court decisions. Their duties are defined in the Patrol Guide, written law and case law. In this decision, the Supreme Court overturns the Quebec Court of Appeal, provides an important update on the content of the duty to accommodate and clarifies its earlier case law on the matter. He noted that the case law on theft revealed that premeditation and a refusal to admit wrongdoing were two factors that militated against reducing the penalty. In Civil law and pluralist systems precedent is not binding but case law is taken into account by the courts. In civil law and pluralist systems, as under Scots law, precedent is not binding but case law is taken into account by the courts. The different roles of case law in civil law and common law traditions create differences in the way that courts render decisions. In Sweden, for instance, case law arguably plays a more important role than in some of the continental civil law systems. Law professors in common law traditions play a much smaller role in developing case law than professors in civil law traditions. As such, business rates retain many previous features from and follow some case law of, older forms of rating. The different roles of case law in civil and common law traditions create differences in the way that courts render decisions. The doctrine of stare decisis, also known as case law or precedent by courts, is the major difference to codified civil law systems. Show More Sentences Unlike common law systems, civil law jurisdictions deal with case law apart from any precedent value. The statutory guidelines and case law on sentencing are covered in the Crown Prosecution Sentencing Manual. Law reports or reporters are series of books that contain judicial opinions from a selection of case law decided by courts. Official case law publishing may be carried out by a government agency, or by a commercial entity. A distinction has to be made between analogous reasoning from written law and analogy to precedent case law. The inclusion of case law was important, because it was the first time this had occurred in English legal writing. Later manuals, based on Bracton's example contained actual case law, with the captions removed. The Court's jurisdiction is a hybrid of constitutional provisions, statutes, and case law. Precedents were not reported, so any case law that developed was disguised and almost unrecognised. As opposed to English common law, which consists of massive tomes of case law, codes in small books are easy to export and for judges to apply. In situations where there is no law governing a particular circumstance, Malaysian case law may apply. Thus, California case law interpreting those codes was treated as persuasive authority in Puerto Rico. The mixture of unincentivized telcos, courts without case law, and startups without capital and influence proved deadly. The Court observed that maritime law constitutes an autonomous body of federal law based on English admiralty law of 1934 as subsequently amended by Parliament and Canadian case law. Whether targeted sanctions can alternatively be qualified as civil obligations is difficult to answer given the casuistic case law of the ECtHR on this point. The government might also argue that, as case law and precedent have extended the ECHR to combat operations with perverse results, Britain should derogate from the convention during operational deployments. However, the nature and extent of the rights of the Métis has to date been a gray area as the majority of case law and judicial and academic commentary has focused on the rights of First Nations peoples. In exercising its right of initiative, the Commission is not bound by the doctrine of case law, the legal system of the European Union being mainly based on written law rather than the decisions of the courts. The Tribunals have been forerunners and groundbreakers in their development of case law and jurisprudence, making invaluable contributions to international humanitarian law and international criminal law. This is an affirmation of the case law on preemption. Show More Sentences That is not to insult judges but just to recognize that they may know that some judges may be more or less sympathetic to their views and that that may establish case law. The Code takes account of the principles of European administrative law contained in the case law of the Court of Justice and also draws inspiration from national laws. Indeed, its case law could only but benefit and grow if the application of European provisions became increasingly part of the daily bread of all levels of the judiciary throughout the Community. And of course, in countries in which the case law did not develop definitions of the skilled person like in Greece or the Philippines, the answers are necessarily briefer. She also stated that past case law may still be relevant but cautioned members to ensure that they do their research to ensure that a more recent decision has not been issued which overturns a previous decision. Civil law lawyers consult case law to obtain their best prediction of how a court will rule, but comparatively, civil law judges are less bound to follow it. In contrast, in civil law systems, case law only acquires weight when a long series of cases use consistent reasoning, called jurisprudence constante. Common law is the body of law developed from the thirteenth century to the present day, as case law or precedent, by judges, courts, and similar tribunals. Another useful research tool is the citator, which is an editorial resource that lets the practitioner assess the validity of case law and IRS administrative rulings. At the same time, other Second Circuit case law, beginning shortly after the INS decision, has greatly limited the application of INS to general product copying. Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. The ratio is used to justify a court decision on the basis of previous case law as well as to make it easier to use the decision as a precedent for future cases. The new laws were a blend of Common Law, local case law, and fresh ideas. The two main traditions of modern European law are the codified legal systems of most of continental Europe, and the English tradition based on case law. As such, rather than being used as sources of authoritative statements of law, legal encyclopedias are now more often used as tools for finding relevant case law. There is no concept of case law as one would find in a modern text book. If there is no Malaysian case law, English case law can be applied. It holds case law to be secondary and subordinate to statutory law. Essential to the development of case law is the publication and indexing of decisions for use by lawyers, courts and the general public, in the form of law reports. Examples from Classical Literature The opinions of the judges in the older cases were derived from the English case law on the subject. Whether a corporation has had a de facto liquidation is a subjective determination based on case law. Not surprisingly, there is certainly not an abundance of case law addressing sidetrack agreements in the context of coverage disputes. Find more words! 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Words that rhyme with case law What is the plural of case law? Use our Sentence Generator Nearby Words caselaw case in point caseinate casein casehardening case-hardened caseload caseloads casemate casemates casement casements