What worries me is that even in the Common Law countries we are now so hemmed in by regulations and incumbent protections that innovation is being stifled.
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The first thing to note is that in the Common Law jurisdictions (largely, but not exclusively, the English speaking world) possession of such vileness is a strict liability offense.
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Tax favored employer-assisted housing existed in both the statutory and common law of taxation prior to the enactment of the Internal Revenue Code of 1954.
That is to embed in law the common sense principle that any new proposals or new tax cuts need to be offset so that they don't cause a deterioration in the budget deficit.
The courts may eventually address some of the access and usage issues in the context of existing common law and statutory privacy torts, but this is a long process developed on a case by case basis.
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The jury soon became standard in criminal and civil cases at common law, and its use spread with the British empire, nowhere more so than in the American colonies.
Their argument: The lower court's decision is in line with common law, which gives people the right to sue corporations for punitive damages when a manager (or a captain, in this case) was reckless.
In addition, many of the specific elements of common law fraud were relaxed or in some cases eliminated.
But Mr Straw said he "could not see much difference" in the idea of replacing the common law defence of "justification" with the statutory defence of "truth".
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It has shown the overriding need for Common Sense in the way we approach issues such as law and order and asylum.
As he described, the Anglosphere was a persistent force that created a common world culture via land, language, and law (the common law, which originated in Anglo-Saxon culture).
In many criminal cases, the common-law requirement that a defendant must have a mens rea (ie, he must or should know that he is doing wrong) has been weakened or erased.
Codifying an unlocking exemption brings the law in line with common sense and will prevent yet another return to a flawed process that creates a perpetual re-lobbying of many settled issues every three years.
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As strange as the case is, experts said it touches on a common challenge in law enforcement: deciphering intent without running afoul of the First Amendment right to free speech.
Five former clients of CAIR filed the two lawsuits in federal court alleging common law and statutory fraud, breach of fiduciary duty, and intentional infliction of emotional distress against CAIR.
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Some judges have also looked to Constitutional antecedents like English jurist William Blackstone to help better understand the context and thinking of the Founders and their foundations in English common law.
"Neither WTO not GATT has direct effect in EU law", nor is the Common Agricultural Policy relevant.
The in pari delicto doctrine is based on common law agency principles.
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But from the point of view of the plaintiffs, asset-protection trusts frustrate the public policy of accountability enshrined in common law.
Because the discussion regarding materiality in a federal securities fraud action are also applicable in the main to fraud claims alleged under the common law, the state blue sky laws, or other anti-fraud federal and state statutes, the discussion of materiality will not treat the latter separately.
In some countries, such as Turkey and Mexico, the law is based on the French Napoleonic model where secured creditors may not collect as much as in common-law countries.
This approach to public debt is well established in common law history, and all of the debates by both federalist and anti-federalist writers assume the same basic understanding as the plain text of the Constitution.
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The committee is made up of members of both House of Parliament and is examining how the statutory and common law on privacy and the use of anonymity injunctions and super-injunctions has operated in practice.
The Common Law takes such new technologies entirely in its stride.
John Caffrey, Brown's attorney, said a landmark 1998 decision by the state's highest court established that recreational use can be considered in deciding whether a waterway is open to the public under common law.
The six judges concluded the broader standard of common law negligence applies in Karen Hastings' case, in which she was injured when her van hit a cow on a public road, and they reinstated her personal injury lawsuit.
Common sense and the principles of tort law in the American civil justice system are not always synonymous.
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It protects documents that would normally be protected by the common-law attorney-client privilege, except in corporate tax-shelter cases and criminal cases.
California, in common with eight other states, has a law on the books providing for "civil unions" that come with all the benefits of marriage.
In April, John Taylor, top international man in the Treasury, proposed a souped-up version of the collective-action clauses that are common in bonds issued under English law.
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