How To Use Case law In A Sentence
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It should be remembered that much of the case law decided prior to the amendment to Regulation 4064 89 was concerned with the divide between concentrative and co-operative joint ventures.
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It is helpful therefore to look at the pre-1991 case law to understand how the welfare principle operates in practice.
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Many states have case law distinguishing between the two in terms of the general term “forced exaction for government purposes.”
The Volokh Conspiracy » Is the tax power infinite?
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Case Law has some features that Statute Law hasn't , and better it on the function , so there are many things to learn from it .
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Case law can also be more specific than general comments on how provisions ought to be understood.
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There is nothing in the case law, says Aldridge, which says there is not value in the repayment of trust monies.
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With minimal direction given in statute, jurists wrote case law in response to specific claims brought before them.
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In Britain, however, a large body of case law evolved from the enforcement of statutory enactments.
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There is conflicting case law on whether a private placement can be given retrospective authorization.
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Recent case law on malpractice litigation and informed consent has been incorporated.
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Case law and statute law are individually the main source of law in the common-law system and civil-law system.
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Lopez 1995, which held unconstitutional a federal law banning guns in school zones as beyond Congress's powers, Justice Thomas called on the court to reverse decades of case law that had transformed the legislature's authority "to regulate Commerce . . . among the several States" into what he described as a limitless "police power.
Twenty Years of Justice Thomas
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My own views as to the proper limits of jurisdictional control will be spelt out after a consideration of the case law.
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This essay type question concentrates on a particular difficulty which has developed in the case law of the Court of Justice.
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It has little or no basis either in case law or statute.
Times, Sunday Times
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Based on case law, Apple's "clickwrap" EULA implementation in the Leopard installer appears to be adequate to demonstrate acceptance of the terms of the EULA, so long as return of software (and accompanying refund) is available from the vendor if the terms are rejected
MacInTouch
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The case law, characterized by reality and flexibility, can make up for the defects in application and interpretation of the statute law, for it has originated from judicial decisions of judges.
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Because these acts are legal documents, the inconsistency between these acts and case law provides an argument in support of psychologists' qualifications to diagnose.
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The appropriate approach to the use of this sanction will be developed time through case law.
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That is claiming and opposing to constitute case law system.
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The case law is a bit mixed, but in a 2007 case at the College of Staten Island, for example, the United States Court of Appeals for the Second Circuit allowed the college to eliminate a fraternity altogether, holding that the frat enjoyed very limited associational rights because it was merely a social institution.
Greg Lukianoff: To Survive, Fraternities Need to Stand for Something, Anything
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Both of these two pivotal concepts, however, have been refined by subsequent case law developments.
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In this decision, I am not jettisoning all case law developed by judicial decision on the facts of real cases.
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Thus, I don't find this decision inconsistent with past case law regarding MPF determinations being questions of law, and I believe they made it nonprecedential for other reasons.
CAFC Creates Potential Conflict in De Nove Review of MPF Claims
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When reviewing cases, councils will also need to take into account any fresh case law judgments from the Appeal Court that may be relevant.
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After a consideration of the theories, the case law from both the nineteenth and twentieth centuries will be examined.
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Before examining the case law it may be helpful to understand the central issues which underlie this area.
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Mark Field was pleasant enough to point out actual case law, supra, which is persuasive although distinguishable, as superskeptic pointed out.
The Volokh Conspiracy » ACORN Challenges Congressional Defunding
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This submission codifies case law and makes explicit the treatment of capital gains derived by a business.
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It draws from existing case law and fits well within good human resources practice.
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The two systems of statute law and case law as the mainstream of global juridical culture have had historic and manifold influence upon China's legal system construction.
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Relevant well-established civil court case law is based on the general provisions of the Civil Code relating to the conclusion of contracts.
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Case law and statute law ire individually the main source of law in the common -law system and civil-law system.
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Many of these collections, however, suffer from similar flaws: they devote too much effort to collecting case law rather than other authorities, they overemphasize recent works especially those originally created in digital form, they do not adequately hyperlink between related documents in the collection, their citator functions are haphazard and rudimentary, and they do not enable easy user authentication against official reference sources.
Two Forthcoming Papers on Crowdsourcing, Open Access, Wikisource, Legal & Humanities Research « ResourceShelf
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Under Article 10 of the UCMJ and military case law, an accused in pretrial confinement must be brought to trial with "reasonable diligence.
David Isenberg: Ahem: About That Great Change to the UCMJ
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Quebec's case law differs from the rest of Canada in that it follows a civil rather than a common law system.
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The case law, characterized by reality and flexibility, can make up for the defects in application and interpretation of the statute law, for it has originated from judicial decisions of judges.
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The kind of case lawyers love is exemplified by the one that arose out of the collapse of the Franklin National Bank.
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According to Ohio case law, the minimum period required to acquire a prescriptive easement is 21 years.
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Relevant well-established civil court case law is based on the general provisions of the Civil Code relating to the conclusion of contracts.
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However, both statute and case law have imposed some limitations on this power.
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All of these rulings now form a body of case law applicable throughout Europe.
Times, Sunday Times
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English law recognizes the legal effect of retention of title clause in statute and case law.
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There is, however, no indication in the above case law that freedom of assembly is intended to guarantee a right to pass and repass in public places, or to assemble purely for social purposes anywhere one wishes.
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It has been recognized that case law is the dominant source of Anglo-American legal system. So, the adoption between case law and statutory law becomes the distinctive watershed of two legal systems.
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Jones’s lawyers had appealed her case to the Eighth Circuit Court of Appeals, but the governing case law was clear: if the Court of Appeals followed its own decisions, I would win the appeal.
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When reviewing cases, councils will also need to take into account any fresh case law judgments from the Appeal Court that may be relevant.
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The roots of the law of confidence lie in equity and it is almost entirely case law.
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She empowered him to tell them, that whatever blame she might throw on Mary's conduct, any opposition to their sovereign was totally unjustifiable, and incompatible with all order and good government: that it belonged not to them to reform, much less to punish, the maleadministration of their prince; and the only arms which subjects could in any case lawfully employ against the supreme authority, were entreaties, counsels, and representations: that if these expedients failed, they were next to appeal by their prayers to
The History of England in Three Volumes, Vol.I., Part D. From Elizabeth to James I.
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Was there not some case law regarding message boards and comments that we utilized at nancies. org in order to avoid the assumption of responsibility for third party content (board posts, comments, etc)?
Waldo Jaquith - “Motion to Compel” in Garrett subpoena
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Are these examples clear, or is there a degree of imprecision in the case law?
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The Strasbourg case law refers to actual bodily injury or intense physical or mental suffering.
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Practice-group leaders, who often have clerked for the Court or have argued before it, hold meetings and debates to formulate how to push case law toward Federalist principles.
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Your statements of law should be backed up by reference to authorities, statute or case law.
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And even if work places vary, why could the schools not show students how to locate and update (Shepardize) case law, and locate and update legislation?
Showdown at Québec City: Canadian law school versus law firm librarians
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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.
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The changing nature of the planning context, through case law, government policy and statute, demands continuing attention.
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There has been considerable case law on the issue of retroactive payments recently.
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After a consideration of the theories, the case law from both the nineteenth and twentieth centuries will be examined.
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The changing nature of the planning context, through case law, government policy and statute, demands continuing attention.
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During the Roman occupation and subsequent exile, this body of knowledge was committed to writing as an emergency measure and was formalized into what is now known as the Talmud (authoritative case law, ethics, mysticism and ritual practice), the Midrashim (homiletical stories) and the Kabbalah.
Rabbi Adam Jacobs: The Essential Jewish Canon
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Acknowledging an aversion to judge-made law, Patel would not embrace privacy or other public policy arguments made by Dolly's attorneys, citing the absence of legislation and case law to guide her.
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He dismissed the action to strike out the debt after discovering that there was no legal case law barring minors from sitting in the boardroom.
Times, Sunday Times
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This article takes America, representative of the case law system, and the EU, representative of the statute law system for example.
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He dismissed the action to strike out the debt after discovering that there was no legal case law barring minors from sitting in the boardroom.
Times, Sunday Times
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All of these rulings now form a body of case law applicable throughout Europe.
Times, Sunday Times