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209 Sentences With "body of law"

How to use body of law in a sentence? Find typical usage patterns (collocations)/phrases/context for "body of law" and check conjugation/comparative form for "body of law". Mastering all the usages of "body of law" from sentence examples published by news publications.

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I think most of that body of law made sense.
"There is no special body of law for firearms," he said.
Meanwhile, it prevents a critical improvement on the previous body of law.
CBO now has empirical evidence and a body of law to analyze.
It's time to update this body of law and add to the special circumstances.
WE HAVE A CONSTITUTION OF THE UNITED STATES, WE HAVE A BODY OF LAW.
It will not be part of the body of law, which we live by.
And, as universal as cars are, we're still tweaking the massive body of law regulating them today.
Moss said he expected the body of law to grow as more judges grapple with the issue.
Since our body of law in space is still emergent, there aren't many legal restrictions already in place.
It's a large gray area in the nation's body of law — which Warren says she would address as president.
"It is unclear to me how they can be read to form a consistent body of law," she said.
There's a body of law out there that provides that a sitting President can't be indicted while he's President.
The two bodies' job is to police infringements of a well-established and mature body of law through the courts.
The relevant body of law is a set of rules concerning how the government interacts with the public in open forums.
But under the country's new Constitution, and an accompanying body of law that followed it, the deck is stacked against them.
"Agility supports the development of an international body of law surrounding use of robots in combat or 'combat-like' scenarios," he says.
The Federal Circuit is known to be extremely patent-friendly, and the body of law it created led to a flood of patents.
Congress has twice re-authorized the Magnuson-Stevens Fishery Conservation & Management Act (MSA), the body of law that governs fishing in federal waters.
So although it has never been put into effect, the Clean Power Plan is in place, as is the body of law behind it.
Justice Elena Kagan wrote that the majority had created a body of law whose purpose was to frustrate class actions and class-wide arbitrations.
Still, he sees a duty to build a body of law with which to try such criminals when the political will to do so returns.
We need to develop jurisprudence so that we can develop a body of law that protects the privacy of Americans in the information and digital age.
At the same time, he said the government needs to develop a body of law to protect the privacy of American citizens in the digital age.
"It seeds confusion into a volatile, evolving body of law that demands clarity just as the next redistricting cycle begins," said Adam Kincaid, the group's executive director.
" Courts have interpreted the Administrative Procedure Act of 1946 and other elements of constitutional law and statutory interpretation to develop a body of law often called "administrative law.
This body of law is interpreted by senior clerics, who serve as judges, largely following the Hanbali School, the strictest of the four main schools of Sunni jurisprudence.
Crimes derived from the "common law" — the body of law developed from judicial opinions and legal treatises rather than statutes — have been a staple of American law for centuries.
IANTHA KIRKUPBurgess Hill, West Sussex * I was very troubled to read in your briefing ("Body of Law", October 27th) about the "gender spectrum" questionnaires being published in Australia and Britain.
Then there are traditionalists, those less concerned with politics but who see Islam's accumulated body of law and teaching as the only cure for the "bad theology" which inspires terrorism.
" It's no exaggeration, Furman observed, to say there is "a growing body of law in this district devoted to the question of whether and when to impose sanctions on Mr. Liebowitz.
"In administrative courts, rulings would be made by judges who are more experienced, better equipped and more knowledgeable about the unique body of law that regulates public administration," Mr. Kovacs wrote.
We're accustomed to hearing about plane crashes and there is an established body of law that determines who can be held liable and what kind of compensation survivors can receive in such cases.
This body of law is itself the result of a lengthy campaign by the business class to win a set of rights for its companies and thus to expand its own political reach.
Leila A. Amineddoleh, a lawyer who specializes in art and cultural heritage law, said that if the case is litigated, a court will have to determine the appropriate venue and applicable body of law.
It's a ruse to shift the conversation from where it belongs: the performance of this presidential administration, and especially whether it is governing consistent with the Constitution and a long-established body of law.
Consequently, a body of law has developed around the regulatory state: the Administrative Procedure Act, the Paperwork Reduction Act, the Regulatory Flexibility Act, Title II of the Unfunded Mandates Reform Act and the Congressional Review Act.
The principles in this case form part of the same body of law that regulates how federal agencies treat prisoners in their custody, considers approval of new lifesaving drugs, and regulates the rights of unions to bargain collectively.
" You ask it questions in plain English, and ROSS reads through "the entire body of law and returns a cited answer and topical readings from legislation, case law and secondary sources to get you up-to-speed quickly.
"There's an important body of law that declares it illegal to consent to certain types of physical harm, whether it's sexual or not," said Wendy Murphy, a professor of sexual violence law at New England School of Law.
What we have instead is a dizzying array of interlocking markets that function (or don't) to meet consumer demand for specific goods and services, and a vast body of law that defines these markets and regulates their operation.
Many antitrust technocrats plead that they have little power: bodies like the DoJ and the FTC are not meant to run the economy, but instead to enforce a body of law through courts that have become friendlier to incumbents.
Instead of seeking congressional approval for war, presidents have increasingly turned to their internal legal counsels to build a largely secret body of law to defend their war engagements, Mary Dudziak, a constitutional scholar with Emory University School of Law, said.
This is important because lower court nominees today can become Supreme Court nominees tomorrow, which means Trump's litmus tests for his judges threaten key components of the priceless, though fragile body of law that Justice Kennedy has carefully built over the past three decades.
"Based on public disclosures, it is clear that over the past fifteen years the FISC has developed an extensive body of law — one that defines the reach of the government's surveillance powers and broadly affects the privacy interests of Americans," ACLU lawyers claimed in their motion.
" Ross, a system built on the back of IBM's Watson, claims to be able to interpret questions lawyers ask it, and read "through the entire body of law and returns a cited answer and topical readings from legislation, case law and secondary sources to get you up-to-speed quickly.
The tailored religious objection measures don't attempt to repeal the right of gay couples to marry, but rather, they create a creeping body of law that says gay couples can be denied the accessories of marriage that society deems crucial to recognizing a union: adopting kids, wedding cakes, couples counseling, health care services.
I think people should be encouraged to take advantage of labor law if it's powerful in whatever country they live in or whatever other body of law might be available in order to bargain for the value of their data and be able to create mids that extract value for the benefit of the people the data comes from on their own terms.
House Judiciary Committee Chairman Bob GoodlatteRobert (Bob) William GoodlatteImmigrant advocacy groups shouldn't be opposing Trump's raids Top Republican releases full transcript of Bruce Ohr interview It's time for Congress to pass an anti-cruelty statute MORE (R-Va.) is entering the fray this week by holding a hearing on law enforcement and the Internet, looking at a body of law that hasn't changed since before the Internet came into widespread use.
But some 17.4 million people voted for Brexit vs 16.1M voting to remain (turnout was just over 72 per cent) so the UK now faces the unprecedented challenge of having to extricate itself from more than 40 years of EU involvement — detangling and understanding a massive body of law and regulations — and, likely, also forging its own set of bilateral trading relationships thereafter, all while carrying the massive burden of uncertainty that Brexit inexorably brings.
Philippine criminal laws is the body of law and defining the penalties thereof in the Philippines.
Canadian labour law is that body of law which regulates the rights, restrictions, and obligations of trade unions, workers, and employers in Canada. Canadian employment law is that body of law which regulates the rights, restrictions, and obligations of non-unioned workers and employers in Canada.
European Union shipping law is the body of law developed by the European Union ("EU") relating to shipping or maritime matters.
As a body of law developed, the courts set precedents on such issues as women's contractual rights, real estate and mortgages, tort law, and review of flawed statutes. an elaborate new body of law was quickly constructed to deal with gold mining claims and water rights.Mark Kanazawa, . Golden rules: The origins of California water law in the gold rush (2015).
As a body of law developed, the courts set precedents on such issues as women's contractual rights, real estate and mortgages, tort law, and review of flawed statutes. An elaborate new body of law was quickly developed to deal with gold mining claims and water rights.Mark Kanazawa, . Golden rules: The origins of California water law in the gold rush (2015).
The majority began its analysis by first considering the scope of Canadian maritime law, observing that it is: The Court's prior decisions in the field "make clear that Canadian maritime law is a comprehensive body of law, uniform throughout Canada, that purports to deal with all claims in respect of maritime and admiralty matters, subject only to the scope of the federal power over navigation and shipping under s. 91(10) of the Constitution Act, 1867".SCC, par. 9 It is also a distinct body of law: Besides being "a comprehensive body of law", it has also been described as "a seamless web",SCC, par.
The Lex Salica was a similar body of law to the Lex Burgundionum. It was compiled between 507 and 511 CE. The body of law deals with many different aspects of Frank society. The charges range from inheritance to murder and theft. The Salic law was used to bring order to Frank society, the main punishment for crimes being a fine with a worth designated to the type of crime.
A related body of law known in the United States as dram shop liability governs the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages.
Art and culture law is the body of law, including domestic and foreign law, and multilateral treaties and conventions, that regulates and is applied to artists, fine art and cultural property.
Mergers and acquisitions in United Kingdom law refers to a body of law that covers companies, labour, and competition, which is engaged when firms restructure their affairs in the course of business.
Public service law in the United States is the body of law, primarily based on a multitude of statutes, which establishes and organizes the delivery of public services in the United States.
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, delegating their individual sovereignty and many powers to the central government while retaining or reserving other limited powers. As a result, two or more levels of government exist within an established geographic territory. The body of law of the common central government is the federal law.
Burundian nationality law is the body of law concerning who is a citizen of Burundi. The basis of Burundian nationality law is Loi no. 1-013 du 18 juillet 2000 portant reforme du Code de la nationalité.
They are similar to US standing executive orders. A typical example is specifying the actual monetary sums for benefits described in general terms in an act. Decrees form an important body of law alongside acts of Parliament.
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada.David Mullan in "Administrative Law" (Irwin Law:Toronto, 2000) defines it as "the body of law that establishes or describes the legal parameters of power that exist by virtue of Statute or residual Royal prerogative." (p.3) That is, the law concerns the manner in which courts can review the decisions of administrative decision-makers (ADMs) such as a board, tribunal, commission, agency or Crown minister, when he or she exercises ministerial discretion.
Prisoners' rights in international law are found in a number of international treaties. For the most part these treaties came into existence following the two World Wars and the body of law continues to be added to and amended.
Minimum wage law is the body of law which prohibits employers from hiring employees or workers for less than a given hourly, daily or monthly minimum wage. More than 90% of all countries have some kind of minimum wage legislation.
The British Peerage is governed by a body of law that has developed over several centuries. Much of this law has been established by a few important cases, and some of the more significant of these are addressed in this article.
Administrative law of Ukraine is the body of law that governs the activities of administrative agencies of non-state entities, while also subjecting state actions to the rule of law, offering regulated entities a legal means to contest administrative decisions.
This is a body of law governing international relations at sea. There have been three United Nations Conventions on the Law of the Sea - in 1956, 1960 and 1967 - which have been ratified by Britain. The last one came into force in 1994.
Angolan nationality law is the body of law concerning who is a citizen of Angola. The basis of Angolan nationality law is Lei no.13/91 da nacionalidade, de 11 de maio, Lei no.1/05 da nacionalidade, de 1 de julho, and Decreto no.
African Union law is the body of law comprising treaties, resolutions and decisions that have direct and indirect application to the member States of the African Union (AU). Similar to European Union law, AU law regulates the behavior of countries party to the regional body.
See 28 U.S.C. § 1257. This general rule is simple to apply in cases clearly involving only one body of law. If that law is federal, then the U.S. Supreme Court has jurisdiction to review the state court judgment; if it is state law, then it does not.
Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. By extension, patentability also refers to the substantive conditions that must be met for a patent to be held valid.
Burkinabé nationality law is the body of law concerning who is a citizen of Burkina Faso. The basis of Burkinabé nationality law is Aatu no. An VII 0013/fP/PreS du 16 novembre 1989, portant institution et application du Code des personnes et de la famille.
In his dissent, Justice Reed argued that federal admiralty law is grounded in English Law which has long since established that marine insurance contracts require strict compliance, and explained that leaving the decision to state governments hinders the development of a uniform federal admiralty body of law.
The myriad legal issues concerning hydrofracking in New York has spawned a whole body of law, with primary authorities such as case law, statutes, and zoning regulations, as well as secondary sources such as law review and newspaper articles, on this rapidly changing field of law.
The intersection of American federalism and the rules and theories of jurisdiction inherited from the common law of England has resulted in a highly complex body of law respecting personal jurisdiction in the United States. These rules limit both state and federal courts in their ability to hear cases.
Parliamentary and Political Law means the field of law, legal scholarship and legal practice relating to the functions and operations of parliamentary, governmental and judicial institutions and their respective officials. Parliamentary Law means the body of law dealing with the establishment and functioning of parliamentary institutions, and includes the law of parliamentary privilege. Political Law means the body of law dealing with the structure of the State and the processes of governing, with the application of legal, public policy and political instruments of governing, and with the impact of law on democratic governing. Within the overall domain of public law, Parliamentary and Political Law is complementary to constitutional law and administrative law.
Bessie Margolin (1909 – June 19, 1996) was a U.S. Department of Labor attorney from 1939 until 1972, arguing numerous cases before the Supreme Court. Margolin undertook a large amount of litigation related to the Fair Labor Standards Act, creating a vast body of law in the area of employment standards in the process.
Agency worker law refers to a body of law which regulates the conduct of employment agencies and the labour law rights of people who get jobs through them. The typical situation involves the person going to an employment agency and then the employment agency sending the person to an actual employer for proper work.
KNUST provides training in law and promotes the development of a distinctly Ghanaian body of law through teaching and research. The graduates of the law faculty will fulfil the manpower needs of the country as graduates of law are required not only to practise law, but to work in important sectors of the economy.
Eventually, the work of civilian glossators and commentators led to the development of a common body of law and writing about law, a common legal language, and a common method of teaching and scholarship, all termed the jus commune, or law common to Europe, which consolidated canon law and Roman law, and to some extent, feudal law.
Until recently there was little English literature written about Korean civil procedure.Kuk Cho, Litigation in Korea, p. 2 The primary body of law on civil procedure is the Korean Civil Procedure Act and the Korean Rules of Civil Procedure (KRCP). Another important area is the Civil Execution Act first enacted in 2002 as a separate act.
The body of law is concerned primarily with issues of substantive review (the determination and application of a standard of review) and with issues of procedural fairness (the enforcement of participatory rights). Administrative law concerns the statutes and rules of government operations. Courts ensure that ADMs observe the limits on the authority. Also, declaration and equitable injunction remedies exist.
As the early Muslim armies conquered more territory, though, increasing populations of non-Muslims were brought under Muslim rule, necessitating the development of a body of law regulating the interaction between Muslims and non-Muslim dhimmis. A document used for guiding Muslim pacts with dhimmi communities known as the Shuruṭ ‘Umar forbids dhimmis from selling forbidden products – pork, wine, carrion – to Muslims.
The law of unjust enrichment is among the most unsettled areas of English law. Its existence as a separate body of law was only explicitly recognised in 1991 in Lipkin Gorman v Karpnale Ltd.. While the law has rapidly developed over the last two decades, controversy continues over the precise structure, scope and nature of the law of unjust enrichment.
Roman law contained provisions for torts in the form of delict, which later influenced the civil law jurisdictions in Continental Europe, but a distinctive body of law arose in the common law word traced to English tort law. The word 'tort' was first used in a legal context in the 1580s, although different words were used for similar concepts prior to this time.
Regulatory ethics is a body of law and practical political philosophy that governs the conduct of civil servants and the members of regulatory agencies. It addresses issues such as bribery and the relationship of civil servants with the businesses in the industries they regulate, as well as concerns about transparency, freedom of information and sunshine laws, and conflict of interest rules.
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws.
Civil law is firmly ensconced in the French and German legal systems. Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created a body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law".
The Mahāyāna tradition includes the doctrine of the three bodies of the Buddha (trikāya). The first is the body of transformation (nirmānakāya), the second is the body of bliss/enjoyment (sambhogakāya), and the third is the body of law/essence (dharmakāya). Each body makes sense of a different function of the Buddha. Another common theme in the Mahāyāna tradition of Buddhism, is the path of the .
This view was seen to justify restricting adoption to same-sex couples. However, as social attitudes towards the LGBT community have begun to shift, the LGBT community have been incrementally granted legal rights. Scientific research into childhood development has concluded that children growing up in same-sex families are not disadvantaged. Human rights law is a body of law that covers LGBT individuals and their right to live in society.
Razack then considers the role of women in the legal system, and how the law fails to address adequately the situation of women. She reviews the cases on which LEAF has focused, the legal issues involved, and the feminist principles which come into play. In total, she has compiled a compelling case study of legal advocacy with implications for all those struggling to create a more equitable body of law.
The Ukrainian nationality law () is the law of Ukraine which concerns citizenship. The body of law is primarily regulated by the Law of Ukraine on Citizenship of Ukraine and certain provisions within the Constitution of Ukraine.. Ministry of Foreign Affairs of Ukraine.. Ministry of Foreign Affairs of Ukraine. The current law was adopted by the Verkhovna Rada in 2001. The Ukrainian citizenship exists since 1918, formation of the Ukrainian People's Republic.
The first inhabitants, who were of Celtic descent, were driven out by Norse landnamsmen in about 825. Faroese society in the Viking Age and the Middle Ages resembled the other Nordic populations in many ways. This was particularly true when it came to legislation. The most important body of law was the Gulatingslógin, an ancient Norwegian agricultural law which originated in the Gulating legislative area in Vestlandet in Norway.
When Norway was united as a kingdom, the first lagtings were constituted as superior regional assemblies. The ancient regional assemblies – Frostating, Gulating, Eidsivating and Borgarting – were eventually joined into a single jurisdiction. King Magnus Lagabøte had the existing body of law put into writing (1263–1280). In 1274, Magnus promulgated the new national law (Magnus Lagabøtes landslov), a unified code of laws to apply for the Kingdom of Norway.
Magic methods are effectively forms of trade secret and share many characteristics of trade secrets in other business sectors. As such there is a significant body of law that falls under the headings of "confidentiality" and "contract law" that might be used to control or protect them. These measures can effectively allow a perpetual monopoly in secret information – i.e. it does not expire as would a patent or copyright.
By holding that Canadian maritime law is a body of law separate from either common or civil law, and that the dispute could have been avoided by a more precisely worded choice of law clause, parties to future maritime contracts will need to carefully consider consequences of their drafting. However, the Civil Code of Quebec could conceivably prohibit relying on such a clause, as a matter of public order.
Vellum manuscript of the Constitution of Vermont, 1777. This constitution was amended in 1786, and replaced in 1793 following Vermont's admission to the federal union in 1791. Marble tablet with a passage from the Constitution of Vermont in the Hall of Inscriptions at the Vermont State House. The Constitution of the State of Vermont is the fundamental body of law of the U.S. state of Vermont, describing and framing its government.
In addition, modern civil rights law has frequently examined gender restrictions of access to a field of occupation; gender discrimination within a field; and gender harassment in particular workplaces. This body of law is called employment discrimination law, and gender and race discrimination are the largest sub-sections within the area. Laws specifically aimed at preventing discrimination against women have been passed in many countries; see, e.g., the Pregnancy Discrimination Act in the United States.
Thus understood, the term dates back to the 16th century and was officially sanctioned by Gregory XIII.Cum pro munere, 1 July 1580 The earliest editions of these texts printed under the now usual title of Corpus juris canonici, date from the end of the 16th century (Frankfort, 8vo, 1586; Paris, fol., 1587). In the strict sense of the word the Church does not possess a corpus juris clausum ('closed body of law'), i. e.
Sir William Jones translated the Manu Smriti into English, and it was largely the initial basis of Anglo-Hindu law. As new literature, such as Naradasmriti and Mitakshara were discovered, disagreements between the smritis became difficult to resolve. Later writers assumed that the Smritis constituted a single body of law, one part supplementing the other and every part capable of being reconciled with the other. Regional differences in the texts made the situation more complex.
Early Greek and Judaic law follow a voluntaristic principle of just exchange; a party was only held to an agreement after the point of sale. Roman law developed the contract recognizing that planning and commitments over time are necessary for efficient production and trade. The large body of law was unified as the Corpus Juris Civilis in the 530s by Justinian who was Emperor of the Eastern Roman Empire from 526-565.
New York: Harper Perennial, 1964. 103 However, R. Soloveitchik would say in response that "living under the law" requires much more than "loving the neighbor" and points to a much larger body of law (Jewish Halakha) that gives the Jew the ability to connect to God in a much more concrete way. In general, Christianity de-emphasizes law and the Torah's commandments, emphasizing faith in God and general morality. Judaism emphasizes law and the Commandments.
The text is composed by 21 sections and an annex. The sections described procedural matters such as the presence of witnesses and the relation between this body of law and common law. It has been considered as a false statement to define this as a system exclusively based in custom, when there are structures and elements from the existent legal system, such as Ordinances and even concepts proper of the Romano-canonical procedure.
The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market.
This case is part of a body of law developed in the United States on the issue of how to handle attempt cases. In most United States jurisdictions, the defense that the act was a factual impossibility is not a valid defense. A case similar to this one is State v. Moretti 52 N.M. 182, 244 A.2d 499 (1968), in which the defendant agreed to perform a (then illegal) abortion upon a female undercover officer.
Law No. 81 of 1991 --better known as the Autonomous Municipalities Act of 1991-- is the extraconstitutional Puerto Rican law that regulates the local government of all the municipalities of Puerto Rico. It was enacted in order to repeal many different and dispersed laws that governed them. Today, the Act serves as a broad and encompassing body of law that covers all the different aspects of a municipality, including its mayor, the mayor's office, and the municipal assemblies.
The Oral law is the oral tradition as relayed by God to Moses and from him, transmitted and taught to the sages (rabbinic leaders) of each subsequent generation. For centuries, the Torah appeared only as a written text transmitted in parallel with the oral tradition. Fearing that the oral teachings might be forgotten, Rabbi Judah haNasi undertook the mission of consolidating the various opinions into one body of law which became known as the Mishnah.Codex Judaica Kantor 2006, p.
King Magnus Lagabøte had the existing body of law put into writing (1263–1280). In 1274, Magnus promulgated the new national law (Magnus Lagabøtes landslov), a unified code of laws to apply for the Kingdom of Norway, including the Faroe islands and Shetland. This compilation of the codified Gulating laws (Gulatingsloven) applied throughout the realm was exceptional for its time. This code remained in force until Frederik III, king of the Dano-Norwegian personal union, promulgated absolute monarchy in 1660.
Hubble Deep Field (full mosaic) released by NASA on January 15, 1996. Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics. Other fields of law, such as administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within space law.
Whether there is a distinct body of law in Australia known as the law of unjust enrichment is a highly controversial question. In Pavey & Mathews v Paul (1987) 162 CLR 221 the concept of unjust enrichment was expressly endorsed by the High Court of Australia. This was subsequently followed in numerous first instance and appellate decisions, as well as by the High Court itself. Considerable skepticism about the utility of the concept of unjust enrichment has been expressed in recent years.
Public interest law loosely, refers to legal practices undertaken to help poor or marginalized people, or to effect change in social policies in the public interest, on 'not for profit' terms (pro bono publico). In general terms it means a legal action initiated in the court of law for the protection of Public Interest.Nature and Importance of Public Interest Litigation, available at Learning the Law. It is not a body of law or a legal field, matters lawyers work on.
The Cheques Act 1986 is the body of law governing the issuance of cheques and payment orders in Australia. Procedural and practical issues governing the clearance of cheques and payment orders are handled by Australian Payments Clearing Association (APCA). In 1999, banks adopted a system to allow faster clearance of cheques by electronically transmitting information about cheques, this brought clearance times down from five to three days. Prior to that cheques had to be physically transported to the paying bank before processing began.
A list of states and their most applicable body of law to justifying homicide in protection of the abode is listed below. Because not all states truly invoke castle doctrine, justifiable homicide in defense of life—which is nearly universal in adoption, but with narrower application—is often what is invoked as a pretext to protect the home. However, the mere fact that one is trespassing is an inappropriate or inadequate defense per se to justifying homicide in many states.
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government as tribunals, boards or commissions that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport.
At the time the embezzler acquired the funds, he did not have a consensual obligation to repay, or any restriction as to his disposition of the funds.James, 366 U.S. at 219. If he had acquired the funds under the same circumstances legally, there would have been no question as to whether he should have gross income. Therefore, the embezzler had gross income under the tax code, even though the application of another body of law would later force him to return the money.
Countries which have inherited the common law system will typically have a doctrine of subrogation, though its doctrinal basis in a particular jurisdiction may vary from that in other jurisdictions, depending upon the extent to which equity remains a distinct body of law in that jurisdiction. English courts have now accepted that the concept of unjust enrichment has a role to play in subrogation.See, e.g., Bank of Cyprus v Menelaou [2015] UKSC 66; it was first recognised in Banque Financiere v Parc [1999] 1 AC 221.
The Kentucky Revised Statutes were enacted in 1942, largely as a result of the Statute Committee of 1936. The goal of the committee was to reduce the amount of clutter that had accumulated in Kentucky's prior statutes and draft an organized body of law from what remained. The most important task was rearranging statutes that were topically related but not located near one another in the statutes as they existed. 1942 also saw the creation of a Statute Revision Commission and office of Reviser of Statutes.
Because judges were presumed to follow the law, they needed no guidance in finding a killing to be "heinous, cruel, or depraved" in the correct circumstances. Second, the Arizona Supreme Court had developed a body of law that defined the words "heinous, cruel, or depraved." Thus, there were legal standards available for trial judges to follow in imposing the death sentence. For the Walton Court, these key differences meant that Arizona's "especially heinous, cruel, or depraved" aggravating factor satisfied the dictates of the Eighth Amendment.
In its United Kingdom Tax Bulletin 64 (April 2003), the Inland Revenue (now HM Revenue and Customs) announced new guidance on the "settlements legislation". This is a body of law which seeks to prevent someone (known as the "settlor") from avoiding tax by reclassifying income as belonging to someone else (known as the beneficiary). The income is then taxed at the beneficiary’s lower rate although the settlor continues to benefit from it. The legislation targets spouses and also parents seeking to divert income via their minor children.
Facilities for African Americans were consistently inferior and underfunded compared to facilities for white Americans; sometimes, there were no facilities for the black community. As a body of law, Jim Crow institutionalized economic, educational, and social disadvantages for African Americans living in the South. Jim Crow laws and Jim Crow state constitutional provisions mandated the segregation of public schools, public places, and public transportation, and the segregation of restrooms, restaurants, and drinking fountains between white and black people. The U.S. military was already segregated.
Together with Ekrem Bey Vlora and the Franciscans she worked for several months in Shkodër and from 1938 on she began the systematic translation of the extensive body of law, the Kanun, which had first appeared in 1933 in Albanian, written by Shtjefën Gjeçovi. Only after the Second World War the German translation, enriched by comparisons with other versions of the Kanun, could first be published. It was spread over several issues of Journal of Comparative Law. Both works provide a basis of research in Albanalogy.
Canadian property law, or property law in Canada, is the body of law concerning the rights of individuals over land, objects, and expression within Canada. It encompasses personal property, real property, and intellectual property. Unlike many other first world countries, the right to own property is only included through the Bill of Rights, an ordinary Federal law, rather than constitutionalized through the Canadian Charter of Rights and Freedoms. Personal property laws are typically governed by provincial legislation such as the provincial Sale of Goods Acts.
Gaming the system, also called "rules lawyering", is a pejorative phrase applied to someone who follows the letter of the law to obtain an outcome the speaker finds immoral or contrary to the spirit of the law. There are two reasons why this can be possible. A body of law may have been formulated in a way that permits ambiguity, or else there may be limitations in the law's scope or jurisdiction. For example, an offshore bank account can be used to reduce domestic tax obligations in some countries.
A custom of the sea is a custom that is said to be practiced by the officers and crew of ships and boats in the open sea, as distinguished from maritime law, which is a distinct and coherent body of law that governs maritime questions and offenses. Among these customs is the practice of cannibalism among shipwrecked survivors, by the drawing of lots to see who is to be killed and eaten so that the others might survive.Walker, Andrew: Is Eating People Wrong?: Great Legal Cases and How they Shaped the World.
The same rules are applied in these cases as the existing body of law on incitement.Simester et al. (2010) p.287 The Court of Appeal considers incitement to consist of a situation in which a defendant "incites another to do or cause to be done an act or acts which, if done, will involve the commission of the offence or offences by the other; and he intends or believes that the other, if he acts as incited, shall or will do so with the fault required for the offence or offences".
In law, a conspiracy theory is a theory of a case that presents a conspiracy to be considered by a trier of fact. A basic tenet of “traditional _conspiracy theory_ ” is that each co-conspirator is liable for acts of co-conspirators “during the existence of and in furtherance of the conspiracy.” Procedures and proof requirements for conspiracy theory litigation as well as the definition of ‘conspiracy’ vary by jurisdiction (British, U.S., …) and body of law (criminal, civil, …). In civil litigation, it can offer advantages relative to aiding-and-abetting or joint tortfeasor case theories.
The Company wanted judges in the colonies to observe the Custom of Paris. Given the nature of the 17th and 18th-century modes of governance and arbitration, there was considerable regional variation within the practice of the law, even within a colony. From 1665, the colony's governor-general controlled foreign relations and the military, while the intendant and the Sovereign Councils of Quebec and Louisbourg operated as judicial bodies, among other things. The Custom of Paris was not a comprehensive body of law, as its provisions did not deal with commerce or criminal law.
A dram shop (or dramshop) is a bar, tavern or similar commercial establishment where alcoholic beverages are sold. Traditionally, it is a shop where spirits were sold by the dram, a small unit of liquid. Dram shop liability refers to the body of law governing the liability of taverns, liquor stores, and other commercial establishments that serve alcoholic beverages. Within the United States, laws that impose potential liability upon businesses that sell alcohol for injuries caused by their patrons are usually called dram shop laws or dram shop acts.
The criminal law of Australia is the body of law made, recognised and applied in Australia that relates to crime. Most criminal law is made and administered by the individual states and territories of Australia. However, a body of criminal law is also made and administered by the federal government. Criminal law may be differentiated from civil law, which in Australia relates to non- criminal law including civil wrongs, contract law, much of property law and other areas that concern the rights and duties of individuals amongst themselves.
Gaddafi Mosque in the capital Dodoma is one of the largest mosques in East Africa The government of Tanzania and the semiautonomous government of Zanzibar both recognize religious freedom as a principle and make efforts to protect it. The government of Zanzibar appoints Muslim religious officials in Zanzibar. The main body of law in Tanzania and Zanzibar is secular, but Muslims have the option to use religious courts for family-related cases. Individual cases of religiously motivated violence have occurred against both Christians and Muslims, as well as those accused of witchcraft.
In this way, auctoritas might function as a kind of "passive counsel", much as, for example, a scholarly authority. Traditional imperial Roman exception to declare any legalistic concept and rule of law null and overrule prior decision making, in some military and political circumstances overrule fundamental body of law within a constitution, whether it is or isn't codified. Imperial prerogative is to protect the state from harm and its peoples. During the overruling of Roman Constitution body of fundamental laws and rule of law, a dictator may be chosen by the senate in Imperial Rome.
Military law literature in India was established in 1930 by General C.H. Harrington out of a perceived necessity in order to avoid potential injustice within and outside of the armed forces. Military law is a body of law which governs how a member of the armed forces may behave, and as with all forms of law it is subject to periodic changes. The field is based upon official Acts of the Indian government, plus a number of unofficial writings on theoretical applications of law and how it may be changed.
According to COHRE and BADIL (p. 41), unlike other laws that were designed to establish Israel's "legal" control over lands, this body of law focused on formulating a "legal" definition for the people (mostly Arabs) who had left or been forced to flee from these lands. The absentee property played an enormous role in making Israel a viable state. In 1954, more than one third of Israel's Jewish population lived on absentee property and nearly a third of the new immigrants (250,000 people) settled in urban areas abandoned by Arabs.
Freedom of religion in Tanzania refers to the extent to which people in Tanzania are freely able to practice their religious beliefs, taking into account both government policies and societal attitudes toward religious groups. The government of Tanzania and the semiautonomous government of Zanzibar both recognize religious freedom as a principle and make efforts to protect it. The government of Zanzibar appoints Muslim religious officials in Zanzibar. The main body of law in Tanzania and Zanzibar is secular, but Muslims have the option to use religious courts for family-related cases.
According to Rabbinical Jewish tradition, God gave both the Written Law (the Torah) and the Oral law to Moses on Mount Sinai. The Oral law is the oral tradition as relayed by God to Moses and from him, transmitted and taught to the sages (rabbinic leaders) of each subsequent generation. For centuries, the Torah appeared only as a written text transmitted in parallel with the oral tradition. Fearing that the oral traditions might be forgotten, Judah undertook the mission of consolidating the various opinions into one body of law which became known as the Mishnah.
Towards the east, the Superior Councils of Louisburg and Cape Breton akin to those of the southern colonies of New Orleans and Louisiana observed the same body of law. The absence of comparably formal administrative structures in continental Acadia and the western fur-trading territories led to a different pattern of legal development in these areas. English common law was practiced in the adjacent territories of New England. The French West India Company envisioned a system of judicial unity within a framework of institutional diversity that was to be facilitated by the judges in all the colonies.
Winston Churchill, A History of the English Speaking Peoples, Chapter 13, The English Common Law The form of reasoning used in common law is known as casuistry or case-based reasoning. The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as developing the body of law recognizing and regulating contracts. The type of procedure practiced in common law courts is known as the adversarial system; this is also a development of the common law.
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function.
The two major legal traditions of the western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman Law, specifically a civil body of law entitled "Corpus iuris civilis". This theory of civil law was rediscovered around the end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European Universities.
Legislatively enacted rules are surely entitled to more respect than this apparent presumption that, when nothing substantial hangs on the point, they do not apply as written." At a minimum, Scalia believed it "a nontrivial value in itself" to "observe[ ] the formalities of our adversary system" by requiring the State to amend its own pleading. Scalia also observed that in contrast to the "novel regime" adopted by the majority, there is already a well-developed body of law regarding whether a party should have leave to amend a pleading. "Ockham is offended by today's decision, even if no one else is.
The existing Icelandic Commonwealth laws that now exist as the Grágás never actually existed in one complete volume during medieval times. The Grágás does not contain a unified body of law, as arguably one never existed in the Icelandic Commonwealth. Instead, the Grágás was derived from two smaller, fragmentary volumes known as the Konungsbók (Copenhagen, Royal Library, GKS 1157 fol), apparently written around 1260, and Staðarhólsbók (Reykjavík, Árni Magnússon Institute for Icelandic Studies, AM 334 fol), apparently written in 1280. The ornate detail and appearance of the volumes suggests that they were created for a wealthy, literate man, though scholars cannot be certain.
The FAR can be found at Title 48 of the Code of Federal Regulations Most agencies also have supplemental regulatory coverage contained in what are known as FAR Supplements. These supplements appear within the Code of Federal Regulations (CFR) volumes of the respective agencies. For example, the Department of Defense (DOD) FAR Supplement can be found at 10 CFR. Government contracts are governed by federal common law, a body of law which is separate and distinct from the bodies of law applying to most businesses—the Uniform Commercial Code (UCC) and the general law of contracts.
The UCC applies to contracts for the purchase and sale of goods, and to contracts granting a security interest in property other than land. The UCC is a body of law passed by the U.S. state legislatures and is generally uniform among the states. The general law of contracts, which applies when the UCC does not, is mostly common law, and is also similar across the states, whose courts look to each other's decisions when there is no in-state precedent. Contracts directly between the Government and its contractors ("prime contracts") are governed by the federal common law.
The final Torah is widely seen as a product of the Persian period (539–333 BCE, probably 450–350 BCE). This consensus echoes a traditional Jewish view which gives Ezra, the leader of the Jewish community on its return from Babylon, a pivotal role in its promulgation. Many theories have been advanced to explain the composition of the Torah, but two have been especially influential. The first of these, Persian Imperial authorisation, advanced by Peter Frei in 1985, holds that the Persian authorities required the Jews of Jerusalem to present a single body of law as the price of local autonomy.
As the village lord, Johann III of Schwarzenberg introduced the Reformation into the parish of Hennweiler/Oberhausen sometime about 1550. Oberhausen formed together with Hennweiler a greater municipal area in the Late Middle Ages that was run as a Markgenossenschaft – a combined municipality with one administration and a single body of law. It was only later that the municipal area was split between the two villages. The villages’ common woodlands were shared out as late as 1769. Beginning in 1798, Oberhausen lay under French rule, as did all the German lands on the Rhine’s left bank.
Attackers can now remotely disable their targets simply through the transmission of data. CNAs also have a broad definition, and not every CNA enacted by one State upon another is sufficient reason for States to escalate into armed engagement. Depending on if the CNA is treated as a use of force or not, the offending party would be judged based on either IHL or IHRL. And the jus ad bellum is the body of law that defines when it is reasonable for sovereign states to resort to use of force to defend their resources, people and interests.
The term droit is also used in various legal connexions (i.e., French law), such as the droit of angary, the droit d'achat (right of pre-emption) in the case of contraband, the feudal droit de bris (see wreck), the droit de regale or ancient royal privilege of claiming the revenues and patronage of a vacant bishopric, and the feudal droites of seignory generally. In French, droit can mean the whole body of the Law, as in the motto "dieu et mon droit," which is to say "God and my whole body of Law." Droit d'auteur is a term for French copyright law.
An act of Congress, approved by the president on May 7, 1800, established the Indiana Territory as a separate governmental unit. The first General Assembly of the Indiana Territory met on July 29, 1805 and shortly after the Revised Statutes of 1807 was the official body of law. Indiana's constitution, adopted in 1816, specified that all laws in effect for the Territory would be considered laws of the state, until they expired or were repealed. Indiana laws were revised many times over the years, but the current approach to updating the code in a regular manner began in 1971.
Babcock's holding - that "In the United States, that body of law includes the bedrock principle that works in the public domain remain in the public domain. Removing works from the public domain violated Plaintiffs’ vested First Amendment interests" - therefore no longer applies. Unless and until review is complete by SCOTUS, public domain works can have copyright re- imposed by international treaty and the First Amendment will not prevent it. Note that restored, subtitled, and dubbed versions of films can themselves be subject to copyright, even if other elements of the film are in the public domain.
Nations regulate arbitration through a variety of laws. The main body of law applicable to arbitration is normally contained either in the national Private International Law Act (as is the case in Switzerland) or in a separate law on arbitration (as is the case in England, Republic of Korea and JordanTariq Hammouri, Dima A. Khleifat, and Qais A. Mahafzah, Arbitration and Mediation in the Southern Mediterranean Countries: Jordan, Kluwer Law International, Wolters Kluwer – Netherlands, Volume 2, Number 1, January 2007, pp. 69–88.). In addition to this, a number of national procedural laws may also contain provisions relating to arbitration.
Moses Breaking the Tablets of the Law by Rembrandt, 1659 Moses is honoured among Jews today as the "lawgiver of Israel", and he delivers several sets of laws in the course of the four books. The first is the Covenant Code (Exodus –), the terms of the covenant which God offers to the Israelites at biblical Mount Sinai. Embedded in the covenant are the Decalogue (the Ten Commandments, Exodus 20:1–17) and the Book of the Covenant (Exodus 20:22–23:19). The entire Book of Leviticus constitutes a second body of law, the Book of Numbers begins with yet another set, and the Book of Deuteronomy another.
Within the forest there were two areas, Haverah Park and Bilton Park, which were fenced off as deer parks, allowing game to enter but not to escape. The remains of a hunting lodge, known as John O'Gaunt's Castle, can still be seen in Haverah Park. In 1380 John of Gaunt ordered the building of a hunting lodge in Bilton Park: the building, remodelled in the 19th century, is now known as Bilton Hall. The inhabitants of the Royal Forest were subject to a body of law which forbade hunting of deer and hunting with bows and arrows or hounds, and provided for fines for cutting down trees.
Premises liability may range from things from "injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches". As "ExpertLaw" puts it: "Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises". For premises liability to apply: # The defendant must possess the land or "premises". # The plaintiff must be an invitee or, in certain cases, a licensee.
The 23rd Century, the future is a time of robots and aliens. The people of Earth have banded together along with several other peaceful alien races to promote peace throughout the galaxy, forming the United Planets. As part of the United Planets, the Galactic Patrol -- a body of law-enforcers -- works to maintain order, under the leadership of Commander Rondu. However, a powerful criminal organization called SHADOW is out to destroy both the Galactic Patrol and the U.P. Led by Lord Umbra, a massive cyborg-computer, SHADOW employs sinister agents and incredible schemes to attack and someday rule over all corners of the known-galaxy.
This is as a result of the JCPC not being designed to function as a second tier Court of Appeal to review the evidence of a given case. The structural and practical limitations of JCPC appeals has meant that the range of precedent generated by the highest court for many Caribbean jurisdictions is confined to narrow categories, particularly capital punishment and high finance. The wide body of law between these categories, has often been left mainly to small domestic courts in the Caribbean. Thus different decisions have been more likely to be rendered for similar fact patterns, creating inconsistencies in how laws are interpreted across the region.
National Indian Youth Council demonstrations, Bureau of Indian Affairs Office The Civil Rights Movement was a very significant moment for the rights of Native Americans and other people of color. Native Americans faced racism and prejudice for hundreds of years, and this increased after the American Civil War. Native Americans, like African Americans, were subjected to the Jim Crow Laws and segregation in the Deep South especially after they were made citizens through the Indian Citizenship Act of 1924. As a body of law, Jim Crow institutionalized economic, educational, and social disadvantages for Native Americans, and other people of color living in the south.
The first seeds of democratic evolution appeared in matters of law. The ancient regional assemblies - Frostating, Gulating, Eidsivating, and Borgarting - were eventually joined into a single jurisdiction, and King Magnus Lagabøte had the existing body of law put into writing (1263-1280) as Magnus Lagabøtes landslov. This compilation of codified law which applied throughout the realm was exceptional for its time, and remained in force until Frederik III, king of the Dano-Norwegian personal union, promulgated absolute monarchy in 1660. This was codified in the King Act of 1665 which functioned as the Constitution of Norway of the Union of Denmark-Norway until 1814.
ERISA is a federal law that sets minimum standards for employee benefit plans, including pension plans and health benefit plans, in private industry within the United States. ERISA neither requires an employer to establish a pension plan, with few exceptions,29 U.S. Code, Part 7, Subpart B, accessed at Legal Information Institute nor dictates what benefits must be offered; instead, it requires that employers who establish plans meet certain minimum standards. The law is designed for the protection of plan participants, and to ensure a uniform statutory body of law regulating applicable benefit plans, throughout every jurisdiction in the country. This makes ERISA a government directed "retirement plan".
The issue of unpublished decisions has been described as the most controversial to be faced by the Advisory Committee on the Federal Rules of Appellate Procedure in the 1990s and 2000s. There is active debate on the fairness issues raised by non-publication, and the utility of non-publication in the light of computerization of court records. It has been argued that the behavior of judges and litigants indicates that "unpublished" does not mean "unimportant" and that technology has affected the storage costs, research costs and intellectual costs associated with publication of opinions. A "shadow body of law" has developed, leading to concerns about unfair use and access.
Climatologist Michael Mann spoke at Union College in October 2012 about the public policy issues involved with climate change. The New York State Bar Association offered a continuing legal education class in 2012 on "Marcellus Shale: New Regulations and Challenges", which is available as of February 2014 as an audio course. A panel of "multidisciplinary faculty of professionals addresse[d] the new body of law being created in New York to address the substantial development that is expected in the Marcellus Shale region". NYSBA's environmental law section followed up in May 2014 with a legislative forum on the regulation of rail cars carrying shale oil through cities such as Albany.
Commercial law, also known as mercantile law or trade law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership. Many of these categories fall within Financial law, an aspect of Commercial law pertaining specifically to financing and the financial markets.
In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. Black's Law Dictionary is the most-used legal dictionary used among legal professionals in the U.S.“The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified,” Southern Pacific Company v. Jensen, 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law.
A reception statute is a statutory law adopted as a former British colony becomes independent, by which the new nation adopts (i.e. receives) pre-independence common law, to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, and the precedent originating from it, as the default law, because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state. All U.S. states, with the partial exception of Louisiana, have either implemented reception statutes or adopted the common law by judicial opinion.
Israel has a common law legal system. Its basic principles are inherited from the law of the British Mandate of Palestine and thus resemble those of British and American law, namely: the role of courts in creating the body of law and the authority of the supreme court in reviewing and if necessary overturning legislative and executive decisions, as well as employing the adversarial system. One of the primary reasons that the Israeli constitution remains unwritten is the fear by whatever party holds power that creating a written constitution, combined with the common-law elements, would severely limit the powers of the Knesset (which, following the doctrine of parliamentary sovereignty, holds near- unlimited power).
Anglo-Saxon law (Old English ǣ, later lagu "law"; dōm "decree, judgment") is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early Scandinavian law and Germanic law, descended from a family of ancient Germanic custom and legal thought. However, Anglo-Saxon law codes are distinct from other early Germanic legal statements – known as the leges barbarorum, in part because they were written in Anglo-Saxon instead of in Latin. The laws of the Anglo-Saxons were the second in medieval Western Europe after those of the Irish to be expressed in a language other than Latin.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997.
Contract law, not copyright law, governs these composer–publisher contracts, which ordinarily involve an agreement on how profits from the publisher's activities related to the work will be shared with the composer in the form of royalties. The scope of copyright in general is defined by various international treaties and their implementations, which take the form of national statutes, and in common law jurisdictions, case law. These agreements and corresponding body of law distinguish between the rights applicable to sound recordings and the rights applicable to compositions. For example, Beethoven's 9th Symphony is in the public domain, but in most of the world, recordings of particular performances of that composition usually are not.
Qanun is an Arabic word (, qānūn; , kānūn, derived from kanōn, which is also the root for the modern English word "canon").. It can refer to laws established by Muslim sovereigns, in particular the body of administrative, economic and criminal law promulgated by Ottoman sultans, in contrast to sharia, the body of law elaborated by Muslim jurists. It is thus frequently translated as "dynastic law". The idea of kanun first entered the Muslim World in the thirteenth century, as it was borrowed from the Mongol Empire in the aftermath of their invasions. The 10th sultan of the Ottoman Empire, Suleiman was known in the Ottoman Empire as Suleiman Kanuni ("the Lawgiver"), due to his code of laws.
The Act similarly recognizes all customary marriages entered into after the commencement of the Act where the High Court approves a written contract regulating the future matrimonial property systems for marriages (both present and prospective spouses must be joined in the application). Such measure represented a major shift, because custom marriages were often potentially or actually polygamous as against public policy, and were not recognized under the new law. The government reversed the position, as it realized that it was impossible to enforce the prohibition against polygamy and wives usually consented. Where a state has produced a formal body of law to control recognition, this will establish a general framework under which international recognition can be managed.
The basic regulatory structure was to set limits on emissions for households and business (particularly burning coal) while an inspectorate would enforce compliance. Notwithstanding early analogues, the concept of "environmental law" as a separate and distinct body of law is a twentieth-century development.See generally R. Lazarus, The Making of Environmental Law (Cambridge Press 2004); P. Gates, History of Public Land Law Development. The recognition that the natural environment was fragile and in need of special legal protections, the translation of that recognition into legal structures, the development of those structures into a larger body of "environmental law," and the strong influence of environmental law on natural resource laws, did not occur until about the 1960s.
At that time, numerous influences - including a growing awareness of the unity and fragility of the biosphere; increased public concern over the impact of industrial activity on natural resources and human health; the increasing strength of the regulatory state; and more broadly the advent and success of environmentalism as a political movement - coalesced to produce a huge new body of law in a relatively short period of time. While the modern history of environmental law is one of continuing controversy, by the end of the twentieth century environmental law had been established as a component of the legal landscape in all developed nations of the world, many developing ones, and the larger project of international law.
Maximilian refused this restriction of his authority from outset, and did not consent until the Diet of Augsburg, 1500, after the states had conceded their own Landsknecht troops to him, only to abolish the Government two years later. # The Perpetual Public Peace established the Empire as a single body of law that excluded feuds as means of politics between the vassals. # The related installation of the Imperial Chamber Court, a supreme court for all of the Empire's territory, was possibly the most influential reform, as it separated the jurisdiction from the person of the emperor as the head of the imperial executive. Maximilian responded by establishing the concurrent Aulic Council in 1497.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties. Admiralty law may be distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters, and the maritime relationships between nations.
Geoffrey R. Stone, a professor of constitutional law at the University of Chicago, said he was troubled by the idea that the court is creating a significant body of law without hearing from anyone outside the government, forgoing the adversarial system that is a staple of the American justice system. He said, "That whole notion is missing in this process". The court concluded that mass collection of telephone metadata (including the time of phone calls and numbers dialed) does not violate the Fourth Amendment as long as the government establishes a valid reason under national security regulations before taking the next step of actually examining the contents of an American's communications. This concept is rooted partly in the special needs doctrine.
In his 19th footnote, Blackmun had admitted there was in the case a possible reason not to compel arbitration, raised in the federal government's brief: that, since the contract was governed by Swiss law, the arbitration panel could therefore decide to disregard the Sherman Act entirely and consider Soler's claims under that body of law. On the other side, the International Chamber of Commerce had conceded in its amicus brief that that could occur as well, though it considered the possibility unlikely. Blackmun allowed that this was a valid concern but countered that Mitsubishi had already stipulated at oral argument that American law would control the antitrust claims, mooting it in the instant case.Mitsubishi Motors II, 473 U.S. 614, 637n19.
The writer deplores the Court's unwillingness to allow defendants to rest on an assertion of economic theory: > Antitrust law, prior to Kodak was developing into a body of law based on > economic theory. Matsushita suggested that the Court had reached the point > of complete acceptance of "Chicago School" theory by indicating that parties > could defend against antitrust allegations merely by asserting that the > allegation is contrary to economic theory In Kodak, however, the Court > retreats from its embracement of economic theory Now, defendants must > introduce evidence to prove that its economic theory does in fact reflect > commercial realities. Alternatively, plaintiffs can now challenge certain > conduct merely by attacking the assumptions on which the defendant's > economic theory is based.Comment, at 1219–20.
The right against self- incrimination originated in England and Wales. In countries deriving their laws as an extension of the history of English Common Law, a body of law has grown around the concept of providing individuals with the means to protect themselves from self-incrimination. Applying to England and Wales, the Criminal Justice and Public Order Act 1994 amended the right to silence by allowing inferences to be drawn by the jury in cases where a suspect refuses to explain something, and then later produces an explanation. In other words, the jury is entitled to infer that the accused fabricated the explanation at a later date, as he or she refused to provide the explanation during the time of the police questioning.
The authors state the purpose of the article: "It is our purpose to consider whether the existing law affords a principle which can properly be invoked to protect the privacy of the individual; and, if it does, what the nature and extent of such protection is." First, Warren and Brandeis examine the law of slander and libel (forms of defamation) to determine if it adequately protects the privacy of the individual. The authors conclude that this body of law is insufficient to protect the privacy of the individual because it "deals only with damage to reputation." In other words, defamation law, regardless of how widely circulated or unsuited to publicity, requires that the individual suffer a direct effect in his or her interaction with other people.
Canadian Courts have a structure that relies more heavily on the discretion of its judges, policy and common law to create a workable body of law. Thus Canada's legal system may have more potential for conflicts with regards to the accusation of judicial activism, as compared to the United States. Former Chief Justice of the Supreme Court of Canada Beverley McLachlin has stated that: :the charge of judicial activism may be understood as saying that judges are pursuing a particular political agenda, that they are allowing their political views to determine the outcome of cases before them. ... It is a serious matter to suggest that any branch of government is deliberately acting in a manner that is inconsistent with its constitutional role.
Lex mercatoria (from the Latin for "merchant law"), often referred to as "the Law Merchant" in English, is the body of commercial law used by merchants throughout Europe during the medieval period. It evolved similar to English common law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It developed into an integrated body of law that was voluntarily produced, adjudicated and enforced on a voluntary basis, alleviating the friction stemming from the diverse backgrounds and local traditions of the participants. Due to the international background local state law was not always applicable and the merchant law provided a leveled framework to conduct transactions reducing the preliminary of a trusted second party.
He described him thus: "Jean Pointdextre, Esquire is the next in Place, & was the late Lieut.Bailiff: He was admitted Jurate upon a Recomendatory Letter from above & putt into the place of Lieutenant ... He is a person of Experience & Capacity, as well in the businesse of the Publiq (having a good knowledge of the Court of England) as in that of the laws of that Country, which he has studdyed beyond any other, & digested the laws of Normandy into a Method sutable to the Practise of the Island. His great fault is His very passionate temper, ... He is undoubtedly the fittest person to help to Compile a Body of Law & is acquainted with all the Abuses in the Practise" [sic throughout] The Poindexter family of America is descended from Jean's great-nephew, George Poindexter.
A new constitution was ratified in 1973 which included the separation of church and state clause, signaling a new development in the body of law on religious affairs. Joaquin Bernas, a Filipino Jesuit specializing in constitutional law, acknowledges that there were complex issues that were brought to court and numerous attempts to use the separation of Church and State against the Catholic Church, but he defends the statement, saying that the fact that he [Marcos] tried to do it does not deny the validity of the separation of church and state. Sharia District Courts (SDCs) and Sharia Circuit Courts (SCCs) were created in 1977 through Presidential Decree 1083, which is also known as the Code of Muslim Personal Laws. Islamic law only applies to civil cases involving all Muslims nationwide.
Climate change litigation is an emerging body of legal practice and precedent designed to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow politics of climate change delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Since the early 2000s, the legal frameworks for combatting climate change have increasingly been available through legislation, and an increasing body of court cases have developed an international body of law connecting climate action to legal challenges, related to constitutional law, administrative law, private law, consumer protection law or human rights. Many of the successful cases and approaches have focused on advancing the needs of climate justice and the youth climate movement.
Robertson questioned whether the secret FISA court should provide overall legal approval for the surveillance programs, saying the court "has turned into something like an administrative agency." Under the changes brought by the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, which expanded the US government's authority by forcing the court to approve entire surveillance systems and not just surveillance warrants as it previously handled, "the court is now approving programmatic surveillance. I don't think that is a judicial function." Robertson also said he was "frankly stunned" by the New York Times report that FISA court rulings had created a new body of law broadening the ability of the NSA to use its surveillance programs to target not only terrorists but suspects in cases involving espionage, cyberattacks and weapons of mass destruction.
Corporate law (also known as business law or enterprise law or sometimes company law) is the body of law governing the rights, relations, and conduct of persons, companies, organizations and businesses. The term refers to the legal practice of law relating to corporations, or to the theory of corporations. Corporate law often describes the law relating to matters which derive directly from the life-cycle of a corporation.John Armour, Henry Hansmann, Reinier Kraakman, Mariana Pargendler "What is Corporate Law?" in The Anatomy of Corporate Law: A Comparative and Functional Approach(Eds Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda, Mariana Pargendler, Wolf-Georg Ringe, and Edward Rock, Oxford University Press 2017)1.1 It thus encompasses the formation, funding, governance, and death of a corporation.
Prior to the Act, British anti-bribery law was based on the Public Bodies Corrupt Practices Act 1889, the Prevention of Corruption Act 1906 and the Prevention of Corruption Act 1916, a body of law described as "inconsistent, anachronistic and inadequate".Aaronberg (2010) p.4 Following the Poulson affair in 1972, the Salmon Committee on Standards in Public Life recommended updating and codifying these statutes, but the government of the time took no action. Similar suggestions were brought up in the first report of the Committee on Standards in Public Life established by John Major in 1994, and the Home Office published a draft consultation paper in 1997, discussing extending anti-bribery and anti-corruption law.Sheikh (2011) p.2 This was followed by the Law Commission's report Legislating the Criminal Code: Corruption in 1998.
In July 2013, The New York Times published disclosures from anonymous government whistleblowers of secret law written by the court holding that vast collections of data on all Americans (even those not connected in any way to foreign enemies) amassed by the NSA do not violate the warrant requirements of Fourth Amendment to the U.S. Constitution. It reported that anyone suspected of being involved in nuclear proliferation, espionage or cyber-attacks, according to the court, may be considered a legitimate target for warrantless surveillance. Acting like a parallel U.S. Supreme Court, the court greatly broadened the "special-needs" exception to do so. The newspaper reported that in "more than a dozen classified rulings, the nation's surveillance court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans".
The principles from the French Declaration of the Rights of Man and of the Citizen still have constitutional importance Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the fundamental principles by which the government exercises its authority.
The book details the historical legal relationship between the government of the United States and sovereign tribal nations, tracing the development of the large and often contradictory body of law that consists of overlapping tribal, state, and federal legal systems. They contrast the traditional focuses of these two systems, characterizing tribal courts as historically emphasizing conciliation and restitution whereas American justice seeks to determine guilt and exact retribution. They also discuss the role of legal interest groups which have sought to secure rights for indigenous people in the United States, seeking to underscore that those who are under both tribal jurisdiction and American jurisdiction are entitled to the full rights and privileges of any American citizen. In 1998, Lytle coauthored another book with Vine Deloria, called The Nations Within: The Past and Future of American Indian Sovereignty.
It has been described by one Lord Chancellor (Viscount Simon) as: > ...not in fact the source from which a body of law has been deduced, but a > confusing expression, framed in the solemnity of the Latin tongue, in which > the effect of death upon certain personal torts was inaccurately > generalised. The maxim is first quoted in a case from 1496, where a woman against whom a defamation judgment was issued died before paying the damages to the tortfeasor.YB12Hen.VII T f22 pl2. The Kings Bench first used the maxim in Cleymond v Vincent (1523) but it was popularized by Edward Coke,Alfred William Brian Simpson, A History of the Common Law of Contract, Volume 1 (Clarendon Press, 1987) p572. with cases like Pinchons Case (1616), Alfred William Brian Simpson, A History of the Common Law of Contract, Volume 1 (Clarendon Press, 1987) p564.
Corps de droit ottoman; recueil des codes, lois, règlements, ordonnances et actes les plus importants du droit intérieur, et d'études sur le droit coutumier de l'Empire ottoman ("Ottoman Body of Law: Compendium the Most Important Codes, Laws, Regulations, and Acts of Domestic Law, and Studies of Customary Law, of the Ottoman Empire") is a 1905-1906 seven-volume French- language collection of Ottoman Empire law edited by George Young (1872-1952), published by Clarendon Press in the United Kingdom. D. G. Hogarth of The English Historical Review wrote that the author's main concern was constituent legislation and that the work "is not intended to be a complete publication of either the civil or the criminal code in use."Hogarth, p. 187. Part I, Volumes I-III, were published in 1905, while Part II, Volumes IV-VI, were published in 1906.
The result was that insurers who had long ago closed their books on policies written 20, 30, or 40 years earlier now found that their insureds were being hit with hundreds of thousands of lawsuits that potentially implicated those old policies. A body of law has developed concerning which policies must respond to these continuous injury or "long tail" claims, with many courts holding multiple policies may be implicated by the application of an exposure, continuous injury, or injury-in-fact trigger and others holding that only the policy in effect at the time the injuries or damages are discovered is implicated. The insurance industry reacted in two ways to these developments. First, premiums on new occurrence policies skyrocketed, since the industry had come to a better appreciation of the true risks associated with such policy language.
Tusenaarsstaden Gulatinget: monument by Bård Breivik erected August 2005 in commemoration of 1,000 years of the Gulaþing at Flolid, Gulen Gulating () was one of the first Norwegian legislative assemblies, or things, and also the name of a present-day law court of western Norway.Per G. Norseng Gulating (Store norske leksikon) The practice of periodic regional assemblies predates recorded history, and was firmly established at the time of the unification of Norway into a single kingdom (900–1030). These assemblies or lagþings were not democratic, but did not merely serve elites either. They functioned as judicial and legislative bodies, resolving disputes and establishing laws. Gulaþing, along with Norway's three other ancient regional assemblies, the Borgarting, Eidsivating, and Frostating, were joined into a single jurisdiction during the late 13th century, when King Magnus the Lawmender had the existing body of law put into writing (1263–1280).
Ius was defined by the jurists Publius Juventius Celsus and Julius Paulus Prudentissimus as the aequum et bonum, "the just and the fair", or justice.. Jurisprudence was the art of bringing it about through application of the laws; thus ius was law in the abstract, as in the English usage of the term "the law". Iura were "the whole of laws" (iura populi Romani), not a list of all the laws, but the very principle of legality, which might be applied through this law or by the magistrates and lawyers of Rome through disputation in the law courts. Ius might be something less than the whole body of law when special fields were designated by an adjective, such as ius publicum, "public law," as opposed to private law. The actual laws (leges), or written statutes, were only the specific tools through which ius was applied.
Bicycle law in the United States is the law of the United States that regulates the use of bicycles. Although bicycle law is a relatively new specialty within the law, first appearing in the late 1980s, its roots date back to the 1880s and 1890s, when cyclists were using the courts to assert a legal right to use the roads. In 1895, George B. Clementson, an American attorney, wrote The Road Rights and Liabilities of Wheelmen, the first book on bicycle law, in which he discussed the seminal cases of the 1880s and 1890s, which were financed by Albert Pope of Columbia Bicycles, and through which cyclists gained the right to the road.Mionske, Bob, Bicycling & the Law 345 (VeloPress 2007) By the mid-1980s, a substantial body of law pertaining to bicycles had developed, and a few attorneys had begun specializing in bicycle law.
While occasional references to "common Celtic law" in academic literature, such as Fergus Kelly's Guide to Early Irish Law,Kelly 1988, 231–2 seem to imply that there was one original Celtic law from which the various later Celtic laws, some of which are historically attested (see Brehon law, Cyfraith Hywel), evolved, it is unlikely that anything like 'original Celtic law' (or 'common Celtic law') ever existed as a unified, let alone a codified body of law. Rather, it is currently thought that various central and western European societies in later prehistory, commonly lumped together under the name 'Celts', had individually different customary laws, which evolved out of similar social needs, influenced each other considerably over several centuries or even millennia, and thus ended up reasonably similar to each other. 'Original (or Common) Celtic law' thus can only be reconstructed, and only as a generalisation.Karl 2005a.
Industrial property is one of two subsets of intellectual property (the other being copyright), it takes a range of forms, including patents for inventions, industrial designs (aesthetic creations related to the appearance of industrial products), trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, geographical indications and protection against unfair competition. In some cases, aspects of an intellectual creation, although present, are less clearly defined. The object of industrial property consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general. The broad application of the term “industrial property” is set out in the Paris Convention, Industrial property legislation is part of the wider body of law known as intellectual property (IP) which refers broadly to the creations of the human mind.
Third, the UK became a member of the European Union after the European Communities Act 1972 and through its ratification of the Maastricht Treaty in 1992. The idea of a Union had long been envisaged by European leaders, including Winston Churchill, who in 1946 had called for a "United States of Europe" with the UK "at the centre". EU law has always been held to prevail in any conflict between member state laws for the limited fields in which it operates,Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62, [94] member states "have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves" on the "basis of reciprocity". but member states and citizens gain control over the scope and content of EU law, and so extend their sovereignty in international affairs, through joint representation in the European Parliament, Council of Ministers, and the Commission.
In Vinnius' doctrine the influence of Hugo Donellus is noticeable. Unlike the medieval glossators he presented a systematic and coherent body of Law. A prolific author, he published: "Iurisprudentiae contractae sive Partitionum iuris civilis libri IIII" (Jurisprudence abridged, or the Partitions of civil law in four books) (The Hague, 1624-1631); a series of short treatises on contracts, jurisdiction, inheritance, and compromise, in 1644 and in 1646 (later united in a single volume and reprinted many times under the title "Tractatus IV de pactis, jurisdictione, collationibus, transactionibus"; Amsterdam, 1651); his extremely popular "Notes" to the Institutes of Justinian (Leiden, 1646); and a volume of selected questions on civil law ("Selectarum iuris quaestionum...", Leiden, 1653). Moreover, he prepared annotated reprints of Petrus Peck’s commentary on Maritime Law and Matthaeus Wesenbeck’s Paratitla, in addition to his 1618 edition of the Institutes of his master, Gerardus Tuningius. Vinnius’ works enjoyed an unprecedented diffusion throughout Europe, with 154 editions.
The first definition of "common law" given in Black's Law Dictionary, 10th edition, 2014, is "The body of law derived from judicial decisions, rather than from statutes or constitutions; [synonym] CASELAW, [contrast] STATUTORY LAW". This usage is given as the first definition in modern legal dictionaries, is characterized as the “most common” usage among legal professionals, and is the usage frequently seen in decisions of courts.For an example of this usage in a decision of the United States Supreme Court, see the quote from United States v Texas in the section “Interaction of constitutional, statutory and common law” below. In this connotation, "common law" distinguishes the authority that promulgated a law. For example, the law in most Anglo-American jurisdictions includes "statutory law" enacted by a legislature, "regulatory law" (in the U.S.) or “delegated legislation” (in the U.K.) promulgated by executive branch agencies pursuant to delegation of rule-making authority from the legislature, and common law or "case law", i.e.
The Council hears cases against decisions of the federal government (royal decrees, regulations issued by ministers, decisions by committees with a national competency) and decisions of the regional governments and the governments of the communities (executive orders, regulations issued by ministers,...) as well as against decisions of the provincial and municipal governments and decisions of various state organs. The Council of State examines the conformance of these regulations and administrative decisions with respect to the Constitution, (higher) administrative decisions, the general principles of Law, statute law, international treaties and conventions. The general principles of Law are principles that are not found in any statute, yet derive from the spirit of the body of law; they are discovered by the Council and thus made into case law. The Council is the cassation jurisdiction for decisions by administrative courts of appeal, meaning that it hears cases in which the plaintiff argues that the court of appeal ignored or misinterpreted law.
Although bicycle law is a relatively new specialty within the law, first appearing in the late 1980s, its roots date back to the 1880s and 1890s, when cyclists were using the courts to assert a legal right to use the roads. In 1895, George B. Clementson, an American attorney, wrote The Road Rights and Liabilities of Wheelmen, the first book on bicycle law, in which he discussed the seminal cases of the 1880s and 1890s, which were financed by Albert Pope of Columbia Bicycles, and through which cyclists gained the right to the road.Mionske, Bob, Bicycling & the Law 345 (VeloPress 2007) By the mid-1980s, a substantial body of law pertaining to bicycles had developed, and a few attorneys in the United States had begun specializing in bicycle law. Today, attorneys specializing in bicycle law represent professional athletes, as well as average cyclists, on issues ranging from professional contracts, to traffic accidents, to traffic tickets.
'Speech to the 69th Annual Conservative Party Conference at Llandudno' (9 October 1948). See J Danzig 'Winston Churchill: A founder of the European Union' (10 November 2013) EU ROPE EU law has long been held to prevail in any conflict between Acts of Parliament for the limited fields in which it operates,Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62, [94] member states "have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves" on the "basis of reciprocity". but member states and citizens gain control over the scope of EU law, and so extend their sovereignty in international affairs, through joint representation in the European Parliament, Council of the European Union, and the Commission. This principle was tested in R (Factortame Ltd) v SS for Transport, where a fishing business claimed that it should not be required to have 75% of British shareholders, as the Merchant Shipping Act 1988 said.
The Corpus Juris Civilis, the name for the massive body of law promulgated by Emperor Justinian from the 530s CE and onwards, consists of two historical collections of laws and their interpretation (the Digest, opinions of the pre-eminent lawyers from the past, and the Codex Justinianus, a collection of edicts and rescripts by earlier emperors), along with Justinian's prefatory introduction text for students of Law, Institutes, plus the Novels, Justinian's own, later edicts. That the earlier collections were meant to be sources for the actual, current practice of law, rather than just being of historical interest, can be seen, for example, from the inclusion, and modification of Modestinus' famous description of poena cullei (Digest 48.9.9), in Justinian's own law text in Institutes 4.18.6. It is seen that Justinian regards this as a novel enactment of an old law, and that he includes not only the symbolic interpretations of the punishment as found in for example Cicero, but also Constantine's extension of the penalty to fathers who murder their own children.
A qadi is a judge responsible for the application of Islamic positive law (fiqh). The office originated under the rule of the first Umayyad caliphs (AH 40–85/661–705 CE), when the provincial governors of the newly created Islamic empire, unable to adjudicate the many disputes that arose among Muslims living within their territories, began to delegate this function to others. In this early period of Islamic history, no body of Islamic positive law had yet come into existence, and the first qadis therefore decided cases on the basis of the only guidelines available to them: Arab customary law, the laws of the conquered territories, the general precepts of the Qurʾān, and their own sense of equity. During the later Umayyad period (705–750 CE), a growing class of Muslim legal scholars, distinct from the qadis, busied themselves with the task of supplying the needed body of law, and by the time of the accession to power of the Abbasid dynasty in 750 their work could be said to have been essentially completed.
Firstly, there is no indication that the > drafters considered the applicability of the freedom of movement principle > to members of displaced populations. And although it may have been assumed > at the time that such a scenario would receive discussion in ‘some other > body of law’, this is not synonymous with an intention to limit these > articles to isolated individuals. Secondly, nowhere in the actual text is > the operation of the right of return qualified on the basis of group > affiliation. Rather, in each instance, the relevant language refers to > ‘everyone’. In addition, the HRC in General Comment 27 affirms this reading > in so far as it states: ‘[t]he right to return is of the utmost importance > for refugees seeking voluntary repatriation. It also implies prohibition of > enforced population transfers or mass expulsions to other countries’. > Thirdly, whilst the right of return in art 12(4) of the ICCPR is presented > as an individual right, Quigley confirms that ‘this is also true of most > rights in international human rights instruments’. Indeed, the movement of > people has historically taken on a collective dimension.

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