dablink Principle of law redirects here. For other uses, see law principle . A legaldoctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law , through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases. When enough judges make use of the process soon enough it becomes established as the de facto method of deciding like situations. See also Constitutionalism Constitutional economics Rule according to higher law External links Emerson H. Tiller and Frank B. Cross, http www.law.northwestern.edu lawreview v100 n1 517 LR100n1Tiller Cross.pdf What is LegalDoctrine? , Northwestern University Law Review , Vol. 100 1, 2006. DEFAULTSORT LegalDoctrine Category Legal doctrines and principles Law stub bg ru ... more details
1 ref Legal usage A legaldoctrine is a body of inter related rules usually of common law and built over a long period of time associated with a legal concept or principle. For example the doctrine ...For the PHP object relational mapping framework Doctrine PHP Refimprove date May 2008 Wiktionary Doctrine ... . ref http www.wordiq.com definition Doctrine ref Often doctrine specifically connotes a Wikt corpus corpus of religious dogma as it is promulgated by a church, but not necessarily doctrine is also ... decisions, such as the doctrine of self defense , or the principle of fair use , or the more narrowly applicable first sale doctrine . In some organizations, doctrine is simply defined as that which ... include Christian Trinity and Virgin Birth Christian doctrine Virgin birth Roman Catholic Transubstantiation ... Grace Hinduism The Doctrine of epoch or Yuga Jainism The Doctrine of Postulation or Sy dv da One department of the Roman Curia is called the Congregation for the Doctrine of the Faith . ref http www.britannica.com EBchecked topic 167462 Congregation for the Doctrine of the Faith ref ref http ... example is Military doctrine tactical doctrine in which a standard set of maneuvers, kinds of troops and weapons are employed as a default approach to a kind of attack. Examples of military doctrine ... 19th up to mid 20th century Manhunt military Manhunting doctrine , or assured individual destruction Reagan Doctrine of the Cold War Shock and Awe Soviet deep battle of World War II Trench warfare of World War I Almost every military organization has its own doctrine, sometimes written, sometimes ... Capstone Doctrine ref http pbpu.unlb.org pbps Library Capstone Doctrine ENG.pdf Capstone Doctrine ... be contained within a bubble of frustration . In a court session a defendant may refer to the doctrine ... contain various rules or tests . The test of non occurrence of crucial event is part of the doctrine .... See also Hallstein Doctrine Monroe Doctrine Doxa References reflist External links Wiktionary wikiquote ... more details
Infobox television show name Is It Legal? image caption The cast of Is It Legal? From left to right Kate Isitt, Matthew Ashforde, Richard Lumsden, Patrick Barlow, Imelda Staunton, and Jeremy Clyde format Comedy runtime 25 minutes creator Simon Nye starring Patrick Barlow br Imelda Staunton br Richard Lumsden br Kate Isitt br Jeremy Clyde br Matthew Ashforde country United Kingdom network ITV Series 1 & 2 br Channel 4 Series 3 first aired start date df yes 1995 9 12 last aired end date df yes 1998 12 9 num episodes 21 list episodes List of Is It Legal? episodes official website http www.hartswoodfilms.co.uk programmes com legal.html Is It Legal? is a Television in the United Kingdom British television sitcom set in a solicitors office in Hounslow , west London , which ran from 1995 to 1998. It was produced by Hartswood Films and was shown on ITV for Series 1 2 and Channel 4 for Series 3. It was written by Simon Nye , who also wrote other ITV sitcoms such as Men Behaving Badly and Hardware TV series Hardware . Cast Richard Lumsden Colin Lotus Jeremy Clyde Dick Spackman Series 1 2 Imelda Staunton Stella Phelps Patrick Barlow Bob Birch Kate Isitt Alison Matthew Ashforde Darren Nicole Arumugam Sarah Chivers Notable Guest Stars John Thomson comedian John Thomson Paramedic in Death In Hounslow ... partners Colin and Dick, hold her back because of their inept attitude towards law and the legal ... despite Stella s obvious dislike of him. Episodes Main List of Is It Legal? episodes Filming locations ... in 1996. DVD releases All three series of Is It Legal? have been released by Network DVD Network ... 2011 The Complete Series 1 to 3 Box Set TBA External links IMDb title 0112019 Is It Legal? BBC Online comedy guide articles i isitlegal 7773830.shtml Is It Legal? http www.hartswoodfilms.co.uk programmes com legal.html Is It Legal? on the Hartswood Films website Category 1995 British television programme ... Category British legal television series Category Channel 4 sitcoms Category ITV sitcoms Category ... more details
The phrase merger doctrine or doctrine of merger may refer to one of several legal doctrines Merger doctrine antitrust law Merger doctrine civil procedure Merger doctrine copyright law The merger doctrine in criminal law of lesser included offense s Merger doctrine family law Merger doctrine property law Merger doctrine trust law disambig Category Legal doctrines and principles ... more details
Multiple issues context October 2009 orphan March 2007 unreferenced March 2007 The doctrine of indivisibility or indivisibility doctrine was a legaldoctrine in United States copyright law , which held that a copyright was a single, indivisible right that its owner could only Assignment law assign as a whole. The doctrine was founded upon the policy concern that a defendant alleged to have infringed a single work might find himself facing claims from multiple plaintiff s, all claiming copyright in that same work. Despite the indivisibility doctrine, a copyright holder could still effectively assign certain rights. The assignees of those rights were held to be mere licensees. The result of the doctrine could yield a harsh result for an exclusive licensee in a work. If a third party Copyright infringement infringed the work, the copyright holder had no motivation to file suit the work was no longer marketable. So courts allowed exclusive licensees to compulsively join the copyright holder as a plaintiff in such suits. Non exclusive licensees could not forcefully join copyright holders, on the theory that in those cases, the work was still marketable and the copyright holder therefore had an interest in protecting his rights. In the case Dark Passage Goodis v. United Artists Television, Inc. , 425 Federal Reporter F.2d 397, the United States Court of Appeals for the Second Circuit held that the doctrine of indivisibility could not operate to wholly deprive an author of his copyright when a mere licensee secured a copyright in a collective work but the author never secured a separate copyright on his own. The doctrine of indivisibility was expressly eliminated in the Copyright Act of 1976 . Assignees of rights in a copyrighted work now have standing to directly file suit against infringers. Category United States copyright law Category Legal doctrines and principles US law stub ... more details
The Calvo Doctrine is a foreign policy doctrine which holds that jurisdiction in international investment disputes lies with the country in which the investment is located. The Calvo Doctrine thus proposed to prohibit diplomatic protection or armed intervention before local resources were exhausted. An investor, under this doctrine, has no recourse but to use the local court s, rather than those of their home country. As a policy prescription, Calvo Doctrine is an expression a legal nationalism. The principle, named after Carlos Calvo historian Carlos Calvo , an Argentina Argentine jurist , has been applied throughout Latin America and other areas of the world. The doctrine arose from Calvos s ideas, expressed in his Derecho internacional te rico y pr ctico de Europa y Am rica Paris , 1868 greatly expanded in subsequent editions, which were published in French language French . Calvo justified his doctrine as necessary to prevent the abuse of the jurisdiction of weak nations by more powerful nations. It has since been incorporated as a part of several Latin American constitution s, as well as many other treaty treaties , statute s, and contract s. The doctrine is used chiefly in concession contract concession contracts , the clause attempting to give local courts final jurisdiction and to obviate any appeal to diplomatic intervention. The Drago Doctrine is a narrower application of Calvo s wider principle. See also diplomatic protection International Centre for Settlement of Investment Disputes ICSID References http www.bartleby.com 65 ca Calvo Ca.html Entry on Carlos Calvo from the Columbia Encyclopedia 6th Ed. http www.tradeport.org library c.html Tradeport Glossary of Trade & Shipping Terms http cyberspacei.com jesusi peace nobel institute of international law.htm Category Foreign policy doctrines ka sr Kalvo klauzula ... more details
Unreferenced stub auto yes date December 2009 Intellectual property In trademark law , the functionality doctrine prevents manufacturer s from protecting specific features of a product by means of trademark law. This separates trademarks from patent s &mdash trademarks serve to protect a business firm s reputation and Goodwill business goodwill , whereas patents serve to protect processes, machine s, and material invention s. If a feature gives a producer a competitive advantage which is not related entirely to its function as a brand identifier, then it cannot be trademarked. The rationale behind this doctrine is that product markets would not be truly competitive if newcomers could not make product with a feature that consumers demand. See also Idea expression divide Trade dress US law stub Category Trademark law Category Legal doctrines and principles ... more details
The Fairness Doctrine was a policy of the United States Federal Communications Commission FCC , introduced ... and balanced. The FCC decided to eliminate the Doctrine in 1987, and in August 2011 the FCC formally removed the language that implemented the Doctrine. ref name Finally cite web last Boliek first Brooks title FCC finally kills off fairness doctrine url http www.politico.com news stories 0811 61851.html work POLITICO date August 22, 2011 ref The Fairness Doctrine had two basic elements It required .... The doctrine did not require equal time for opposing views but required that contrasting viewpoints be presented. ref cite news last Rendall first Steve coauthors title The Fairness Doctrine How ... The main agenda for the doctrine was to ensure that viewers were exposed to a diversity of viewpoints ... right to enforce the Fairness Doctrine where channels were limited. But the courts did not rule that the FCC ... a need for the Doctrine. However, the proliferation of cable television, multiple channels within .... The Fairness Doctrine should not be confused with the Equal time rule Equal Time rule. The Fairness Doctrine deals with discussion of controversial issues, while the Equal Time rule deals only with political ... Doctrine. It established two forms of regulation on broadcasters to provide adequate coverage of public ... , The Federal Communications Commission, the broadcast industry, and the fairness doctrine 1981 1987 ... time to issue oriented citizens. Broadcasters could therefore trigger Fairness Doctrine complaints without editorializing. The commission required neither of the Fairness Doctrine s obligations before ... Press ref ref Report on Editorializing by Broadcast Licensees, 13 F.C.C. 1246 1949 ref The doctrine ... provisions of the doctrine were incorporated into FCC regulations. ref Donald P. Mullally, The Fairness Doctrine Benefits and Costs , The Public Opinion Quarterly, Vol. 33, No. 4 Winter, 1969 1970 , p. 577 ref Application of the Doctrine by the FCC In 1974, the Federal Communications Commission stated ... more details
Unreferenced date August 2007 The Wagoner Doctrine is an American 2nd Circuit legal principle applying the longstanding common law in pari delicto roughly translated in equal fault rule in the bankruptcy setting. Though controversial due to its willingness to bar recovery in what is typically considered an equitable poroceeding i.e. bankruptcy and thus not well accepted in other circuits, Wagoner holds that a claim against a third party for defrauding a corporation with the cooperation of corporate management accrues to the creditors, and not to the guilty corporation. See in pari delicto for more information. US law stub Category United States bankruptcy law ... more details
law. Grenada, 1985 Second use of the Doctrine of necessity In a 1985 judgment, the Chief Justice of the High Court of Grenada invoked the doctrine of necessity to validate the legal existence ...Unreferenced date December 2007 The term Doctrine of Necessity is a term used to describe the basis on which extra legal actions by state actors, which are designed to restore order, are found to be constitutional. The legal maxim maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton , and similar justifications for this kind of extra legal action have been advanced by more recent legal authorities, including William Blackstone . In modern times, the term ... martial law administrator ... a compliant judiciary upheld the imposition of martial law under the doctrine of necessity ... ref In his judgment, the Chief Justice cited Henry de Bracton Bracton s Legal ... the label that would come to be attached to the judgment and the doctrine that it was establishing. The Doctrine of Necessity has since been applied in a number of Commonwealth of Nations Commonwealth countries, and in 2010 was invoked to justify extra legal actions in Nepal . Pakistan, 1954 First use of the Doctrine of necessity On October 24, 1954 the Governor General of Pakistan, Malik Ghulam .... ref Wolf Phillips, Leslie. Constitutional Legitimacy A Study of the Doctrine of Necessity. Third World ... Legitimacy A Study of the Doctrine of Necessity. Third World Quarterly , Vol. 1, No. 4 Oct., 1979 ... to what he claimed was the Common Law, to general legal maxims, and to English historical precedent ... that the court before which they were being tried had no legal existence under the restored constitution ... manner , but the doctrine of necessity validated its acts. ref H.V. Evatt and Eugene Forsey , Evatt and Forsey on the Reserve Powers . Sydney Legal Books, 1990 , p. xciv. ref On this basis ... President A related although non judicial use of the doctrine took place when, on February 9, 2010 ... more details
About the first sale doctrine as applied to patents the analogous first sale doctrine applicable to copyright First sale doctrine Under the exhaustion doctrine , doctrine of exhaustion , or first sale doctrine , the first unrestricted sale of a patent ed item exhausts the patentee s control over that particular item. It generally is asserted as an affirmative defense to charges of patent infringement, but less commonly is asserted affirmatively in a declaratory judgment action. In other words, it is a concept in intellectual property law whereby an intellectual property owner will lose or exhaust certain right s after the first use of the subject matter which is the subject of intellectual property ... product bearing its mark are generally exhausted following the sale of that product. The doctrine also may be referred to as the doctrine of patent exhaustion. It is closely related to and sometimes conflated with the doctrine of implied license, and is often asserted in conjunction with claims of equitable estoppel or legal estoppel. The concept typically arises in the context of parallel ... of the doctrine of exhaustion in relation to different products in different ways. United States cases involving the first sale doctrine In Jazz Photo Corp. v. United States International Trade Commission ... what is called the territorial exhaustion doctrine, which provides that a U.S. patent is only .... v. Medipart, Inc. , 976 F.2d 700 Fed. Cir. 1992 , the Federal Circuit found that the doctrine of exhaustion ... that the first sale doctrine applies. The Electronic Frontier Foundation filed an amicus brief in the case ... Doctrine url http www.eff.org deeplinks 2008 06 supreme court victory patent first sale doctrine ref See also Competition policy Copyright Exhausted combination doctrine First sale doctrine a concept ... Quanta v. LG at scotuswiki.com. DEFAULTSORT Exhaustion Doctrine Category Intellectual property law of the European Union Category United States patent law Category Legal doctrines and principles de ... more details
dablink For the 18th century book on probability theory, see The Doctrine of Chances . Evidence law In law , the doctrine of chances is a rules of evidence rule of evidence law evidence that allows evidence to show that it is unlikely a defendant would be repeatedly, innocently involved in similar, suspicious circumstances. Normally, under Federal Rules of Evidence Federal Rule of Evidence 404, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. Using the doctrine of chances allows a prosecutor to admit evidence of prior accidents that can persuade a jury that prior incidents are so similar that it is very improbable that the case at bar is actually accidental. The doctrine of chances was first developed by English courts in the case George Joseph Smith Rex v. Smith , 11 Cr. App. R. 229, 84 L.J.K.B. 2153 1915 , better known as the brides in the bath murder . In this case the defendant was accused of murdering his wife by drowning her in a bath. The defendant claimed that his wife had fainted in the bath. The prosecutor sought to include evidence in the trial that the defendant s two previous wives had both died in the same way. The evidence was allowed. References United States v. Tyndale, 56 M.J. 209, 213 C.A.A.F. 2001 , http www.armfor.uscourts.gov opinions 2002Term 00 0113.htm Federal Rule of Evidence 404, http www.law.cornell.edu rules fre rules.htm Rule404 law term stub Category Evidence law Category Legal doctrines and principles ... more details
In American jurisprudence , the overbreadth doctrine is primarily concerned with facial challenge s to laws under the First Amendment to the United States Constitution First Amendment . American courts have recognized several exceptions to the speech protected by the First Amendment for example, obscenity , fighting words , and libel or defamation , and states therefore have some latitude to regulate unprotected speech. A statute doing so is overly broad hence, overbreadth if, in proscribing unprotected speech, it also proscribes protected speech. Because an overly broad law may deter constitutionally protected speech, the overbreadth doctrine allows a party to whom the law may constitutionally be applied to challenge the statute on the ground that it violates the First Amendment rights of others. See, e.g., Board of Trustees of State Univ. of Board of Trustees, State Univ. of N. Y. v. Fox N.Y. v. Fox, 492 U.S. 469, 483 1989 , and R. A. V. v. City of St. Paul R. A. V. v. City of St. Paul, 505 U.S. 377 1992 . Overbreadth is closely related to Void for vagueness vagueness if a prohibition is expressed in a way that is too unclear for a person to reasonably know whether or not their conduct falls within the law, then to avoid the risk of legal consequences they often stay far away from anything that could possibly fit the uncertain wording of the law. The law s effects are thereby ..., 130 S.Ct. 1577, 1592 Alito, J., dissenting . The overbreadth doctrine is to strike a balance between competing social costs. U.S. v. Williams, 553 U.S. 285, 292. Specifically, the doctrine seeks ... . Lewis Sargentich first analyzed and named the doctrine in his famous note in the Harvard Law Review , The First Amendment Overbreadth Doctrine 83 Harv. L. Rev. 844 . Then, citing Sargentich s note, the Supreme Court in Broadrick v. Oklahoma explicitly recognized the doctrine in 1973. External links ... Doctrine Category United States free speech case law ko ... more details
This article discusses the patent doctrine. For the trademark doctrine regarding translation of foreign words, see Doctrine of foreign equivalents . Refimprove date June 2007 The doctrine of equivalents is a legal rule in most of the world s patent systems that allows a court to hold a party liable for patent ... F.2d 691, 692 2d Cir. 1948 . The goal of the doctrine of equivalents is to provide patent owners ..., based on established principles of legal interpretation. However, by the 18th and 19th ... the doctrine of equivalents is perhaps the most famous. The equivalents doctrine takes a more .... The doctrine has been criticized as unduly vague, to the extent that it injects uncertainty and unpredictability to a patent system. Standards for determining equivalents France In France , the doctrine ... operates . Ireland Ireland appears to subscribe to a doctrine of equivalents. In Farbwerke Hoechst ... a finding and injunction against him. Japan Japan s doctrine of equivalents was first formalized in 1998 ... of the art, and 5 whether estoppel exists. United Kingdom The United Kingdom has never employed a doctrine ... in Kirin Amgen . United States In the United States , the doctrine of equivalents analysis is applied .... Hilton Davis Chem. Co. Warner Jenkinson Co. ref The legal test, articulated in Warner Jenkinson Co ... Co. v. Linde Air Products Co. , 1950 . In the United States, the doctrine of equivalents is limited ... equivalents doctrine that is codified in 35 U.S.C. 112 6, which extends to structural equivalents. However, while the doctrine of equivalents for 6 extends to technological equivalents developed .... Cir. 1997 ref Harmonization attempts Attempts have been made to harmonize the doctrine of equivalents ... Perspective on the Doctrine of Equivalents April 20, 2004 . Boston University School of Law Working Paper No. 04 03 Case Legal Studies Research Paper No. 04 5. http ssrn.com abstract 533083 External links Papers http wikileaks.org leak crs RL31156.pdf Patent Law The Festo Case and the Doctrine of Equivalents ... more details
Tort law In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim. This doctrine was originally created in case law by Wagner v. International Railway ref http www.invispress.com law torts wagner.html Wagner v. International Railway ref , Case citation 232 N.Y. 176 1926 , in which Justice Benjamin Cardozo Cardozo stated Danger invites rescue. The cry of distress is the summons to relief ... The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had. Essentially it means that the rescuer can recover damages from a defendant when the rescuer is injured rescuing someone. The defendant is usually negligent in causing the accident to occur. Other cases have occurred where the plaintiff is injured rescuing the defendant and is able to collect damages. In Wagner v. International Railway , riders on the defendant s trains were allowed to walk between cars while the train was moving. In one incident, a rider fell through the cars. The plaintiff, trying to help the fallen rider, was injured himself. The court found the defendant liable because of negligence to allow riders to walk between cars while the train was moving. Essentially, in its pure form the Rescue Doctrine boils down to 4 main elements all of which must be met in order to bring it to bear for the person asserting its privilege. There must be peril or the appearance of peril to a third party, caused by the defendant. That peril or appearance of peril must be imminent A reasonable person would recognize the peril or appearance of peril and the plaintiff must also have actually recognized it. The plaintiff must have exercised reasonable care in effecting the rescue. References reflist Category Tort law Category Legal doctrines ... more details
Unreferenced date February 2007 In broadcast law particularly within U.S. law , the pervasiveness doctrine is the doctrine that because broadcast radio wave s are available to anyone and therefore uniquely pervasive , their Content media and publishing content is subject to regulation. In general, profanity and sex , or other adult material deemed indecent by a broadcasting authority may not be broadcast outside of overnight watershed broadcasting watershed or safe harbor hours when children are likely to be awake. Material deemed obscene may still be prohibited at all times. This has generally been held to only apply to the AM broadcast band mediumwave , FM broadcast band VHF band II , and TV broadcast band s VHF band I and band III , and UHF . It does not apply to cable TV , cable radio , satellite TV , satellite radio , or other forms of electronic media, because although they also use publicly owned airwaves, these are subscription services which the listener or viewer must explicitly request, and are subject to conditional access , analog scrambler scrambling , or digital encryption . The origin of the name comes from the Federal Communications Commission s 1978 legal case against Pacifica Radio , when the U.S. Supreme Court used the term to justify the verdict against the broadcaster. The Federal Communications Commission v. Pacifica Foundation case is considered a landmark for American broadcasters. DEFAULTSORT Pervasiveness Doctrine Category 1978 in law Category Broadcast law Law stub Broadcast stub ... more details
Doctrine was a strategy orchestrated and implemented by the United States under the Presidency ... the final years of the Cold War . While the doctrine lasted less than a decade, it was the centerpiece ... the Reagan Doctrine, the U.S. Covert U.S. regime change actions provided overt and covert aid to anti ... back Soviet backed communist governments in Africa , Asia , and Latin America . The doctrine was designed ... Doctrine followed in the post World War II tradition of President of the United States U.S. presidents ... these men and propose foreign policy solutions to them. The tradition started with the 1947 Truman Doctrine ... War strategy to keep those two nations out of the Soviet sphere of influence. The Truman Doctrine was followed by the Eisenhower Doctrine , the Kennedy Doctrine , the Johnson Doctrine , the Nixon Doctrine and the Carter Doctrine , all of which defined the foreign policy approaches of these respective ... Doctrine Carter administration and Afghanistan Main Operation Cyclone Quote box quote To watch ... of the Reagan Doctrine technically pre dated the Presidency of Ronald Reagan Reagan Presidency . Following ... ref Michael Pillsbury , a Pentagon official, implemented Reagan Doctrine initiatives including the FIM ... opportunity to significantly expand Carter s Afghanistan policy into a more global doctrine, including ... Reagan Doctrine advocate, visited with resistance movements in Angola, Cambodia, Nicaragua, and other ... Doctrine in two of their Mandate for Leadership books, which provided comprehensive policy advice to Reagan ..., the Reagan Doctrine was rather quickly applied in Angola and Nicaragua, with the U.S. providing ... Foundation urged further expanding the Reagan Doctrine to Ethiopia, where they argued that the 1984 ... The Heritage Foundation and the Reagan administration also sought to apply the Reagan Doctrine in Cambodia ... supported Nicaraguan contras . Within the Reagan administration, the doctrine was quickly embraced ... of the policy. Seeking to expand Congressional support for the doctrine in the 1985 State of the Union ... more details
legislator . DEFAULTSORT Doctrine Of Colourability Category Federalism Category Legal doctrines ... Law The Doctrine of Colorability and Extraterritoriality , 63 Canadian Bar Review, 1985 ... v c covington md also talks about colorability A good example of this kind of doctrine can be seen ... is the incaranation of the doctrine of colourability the criterion we ask ourselves revolves around ... more details
. The Mitterrand doctrine was effectively repealed in 2002, under the government of Jean Pierre Raffarin , when Paolo Persichetti was extradited from France. Establishment of the doctrine Mitterrand defined his doctrine during a speech at the Palais des sports in Rennes on February 1, 1985. Mitterrand ... www.paroledonnee.info Parole donn e ref The doctrine in the 1985 2002 period This commitment has long ..., in particular, has provoked debate about the interpretation of doctrine Mitterrand. Opponents of the doctrine point out that what a president can say during his tenure is not a source of law, and that this doctrine therefore has no legal value. Proponents point out that it was nevertheless consistently ... with the Mitterrand doctrine. This aspect of French policy has been strongly criticized by the Italian ... expressed particular quote pain for the consequences of the doctrine Mitterrand and the attitude of French .... End of the doctrine The Mitterrand doctrine was based on a supposed superiority of French law and its ... rights. This vision entered in crisis, from a legal viewpoint, when the European Court of Human Rights ..., in breach of the Mitterrand doctrine. However, in 1998, Bordeaux s appeal court had judged ... d tat confirmed the extradition, marking the end of the Mitterrand doctrine. Commenting on this doctrine ... The list of Italians who have benefited from the Mitterrand doctrine include Toni Negri , Cesare ... links fr http www.mitterrand.org spip.php?article160&var recherche doctrine La France, l Italie face ... France Italy relations es Doctrina Mitterrand fr Doctrine Mitterrand it Dottrina Mitterrand pt Doutrina ... more details
, Quincy. The Legal Foundation of the Stimson Doctrine, Pacific Affairs Vol. 8, No. 4 Dec., 1935 ... cite web title Stimson Doctrine, 1932 publisher United States Department of State url http www.state.gov r pa ho time id 16326.htm accessdate 2009 05 02 ref The doctrine was also invoked by U.S. Under ...&dq stimson doctrine baltic states 1940 publisher Routledge isbn 9780415371001 ref &mdash and remained ... US url http books.google.com books?id fODT qOVoiIC&pg PA489&dq stimson doctrine depression isbn 9780195078220 ... known as the Stimson Doctrine, or sometimes the Hoover Stimson Doctrine, the notes read in part as follows ..., which was burdened by the Great Depression , and Japan went on to bomb Shanghai . ref name colony The doctrine ... in Asia url http books.google.com books?id SCG f4a 5ngC&pg PA9&dq stimson doctrine critics isbn 9780231065023 ... doi 10.1111 j.1540 6563.1970.tb00380.x full online Current, Richard N. The Stimson Doctrine and the Hoover Doctrine, American Historical Review Vol. 59, No. 3 Apr., 1954 , pp. 513 542 http ... fr Doctrine Stimson lt Stimsono doktrina ro Doctrina Stimson zh ... more details
of Tordesillas also be mentioned here? It should be noted that despite the doctrine, European ... charters given to John Cabot as proof that the British had operated under the doctrine. ref name ... government. Citation needed date December 2010 The doctrine was used in numerous other cases as well ... Tribe and Duro v. Reina used the doctrine to prohibit tribes from criminally prosecuting first non ... Category International law Category Legal doctrines and principles Category Property law ru ... more details
and anticipation base on inherency for patents. Citation needed date December 2007 DEFAULTSORT Doctrine Of Inherency Category Legal doctrines and principles Category United States patent law law term ... more details
The Carltona doctrine or Carltona principle expresses the idea that, in United Kingdom law , the acts of government departmental officials are synonymous with the actions of the Minister government minister in charge of that department. The point was established in Carltona Ltd v. Commissioners of Works. ref 1943 2 All ER 560 CA ref The judgment in Carltona Faced with the requisition of their factory by the war time government, the factory owners raised a Judicial Review in English Law judicial review action to challenge the legality of the requisition order. The order had been made under the auspices of the Defence General Regulations 1939, which authorised the Commissioners of Works to requisition such land as they deemed necessary in the national interest. The Regulations specified that the Commissioner s powers were exercisable by, inter alia the Minister of Works and Planning. The factory owners sought to argue that the requisition was invalid because the order had not in fact been signed by the minister, but by an official within the Ministry of Works and Planning. In rejecting this contention, the Master of the Rolls , Lord Greene , acknowledged the realities of government in the 20th century Quotation In the administration of government in this country the functions which .... It should be emphasised that the essence of the Carltona doctrine therefore lies in the elision ... that the Minister has delegated his decision making power to a subordinate and therefore the doctrine ... potest delegare . Lord Greene proceeded to reconcile this with the doctrine of parliamentary accountability ... Action 5th edn. para. 6 114 ref it seems that there is no restriction on the applicability of the doctrine ... ref The Supreme Court of Ireland has confirmed that the Carltona doctrine applies to its fullest extent ... Delegation and the Carltona Doctrine in an Agency Context 1996 Public Law 19 Freedland Privatising ... and the Alter Ego Principle 1984 100 Law Quarterly Review 587 Law Category Legal doctrines and principles ... more details
Abstention Doctrine Category Civil procedure Category United States law Category Legal doctrines and principles ...US fed civ pro An abstention doctrine is any of several doctrines that a court of law in the United States of America might or in some cases must apply to refuse to hear a case, when hearing the case would potentially intrude upon the powers of another court. Such doctrines are usually invoked where lawsuit s involving the same issues are brought in two different courts at the same time, particularly two different court system e.g., federal and state courts within a federal system . The United States has a federal court system with limitations on the cases that federal courts can hear, while each state has its own individual court system. In some instances, the jurisdiction of these courts overlaps ... in which they were enunciated. Pullman Abstention Pullman abstention was the first doctrine of abstention ... 496 1941 . Concisely, the doctrine holds that the federal courts should not adjudicate the constitutionality ... This doctrine permits a federal court to stay a plaintiff s claim that a state law violates the United ..., a federal court will not hear the case until the person is convicted of the crime. The doctrine ... has jailed a person for contempt of court . The doctrine applies even where the state does not bring ... a resolution of the question. Unlike other abstention doctrines, application of the Colorado River doctrine ... systems than on the desire to avoid wasteful duplication of litigation. The classification of the doctrine as a form of abstention has been disputed, with some courts simply calling it a doctrine ... this doctrine. Typically, such factors include the order in which the courts assumed jurisdiction over ... rulings in the state court . Note on the Rooker Feldman Doctrine The Rooker Feldman doctrine Rooker Feldman doctrine has some characteristics of an abstention doctrine, because it prohibits ... courts or by legislation, some doctrine under which its courts may stay their actions in order to avoid ... more details
see also Predestination Calvinism Doctrine of Election , the doctrine that the salvation of a man depends on the election of God for that end, of which there are two chief phases one is election to be Christ s, or unconditional election or Doctrine of Free Will , and the other that it is election in Christ, or conditional election. In its proper theology theological sense, the Doctrine of Election is monergism monergistic as opposed to synergism synergistic . Nuttall Christian theology stub Category Christian theology ... more details
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