The Court's opinion dogmatically asserts that the husband-wife conspiracy doctrine does not in fact protect this relationship, and that hence the doctrine `` enthrones an unreality into a rule of law ''.

The displacement ( at least to a considerable extent ) of the ethical jurisprudence of the seventeenth and eighteenth centuries by positivism reshaped both international law theory and doctrine.

In the first place the new doctrine brought a formal separation of international from municipal law, rejecting the earlier view that both were parts of a universal legal system.

* Abatement of debts and legacies, a common law doctrine of wills

Alford guilty plea, an " I'm guilty but I didn't do it " plea and the Alford doctrine ) in United States law is a guilty plea in criminal court, where the defendant does not admit the act and asserts innocence.

Abatement of debts and legacies is a common law doctrine of wills that holds that when the equitable assets of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend.

In common law, black letter legal doctrine is an informal term indicating the basic principles of law generally accepted by the courts and / or embodied in the statutes of a particular jurisdiction.

An example of such a state within the common law jurisdiction, and using the black letter legal doctrine is Canada.

Convocation had made its position clear by affirming the traditional doctrine of the Eucharist, the authority of the Pope, and the reservation by divine law to ecclesiastics ' of handling and defining concerning the things belonging to faith, sacraments, and discipline ecclesiastical '.

Courts in the United States and the United Kingdom have rejected the doctrine of a common law copyright.

The doctrine of the rule of law dictates that government must be conducted according to law.

Other faiths are even more subtle: the doctrine of karma shared by Buddhism and Hinduism is a divine law similar to divine retribution but without the connotation of punishment: our acts, good or bad, intentional or unintentional, reflect back on us as part of the natural working of the universe.

In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders.

* Merger doctrine ( family law )

The doctrine of human rights in international practice, within international law, global and regional institutions, in the policies of states and in the activities of non-governmental organizations, has been a cornerstone of public policy around the world.

In his character as the teacher of the new doctrine and promulgator of the new law lies the essential nature of his redeeming work.

Andrew Jackson issued a proclamation against the doctrine of nullification, stating: " I consider … the power to annul a law of the United States, assumed by one State, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed.

With respect to Germany's case against the United States, it held that the doctrine of procedural default was not incompatible with the Vienna Convention, and that even if procedural default did conflict with the Vienna Convention it had been overruled by later federal law — the Antiterrorism and Effective Death Penalty Act of 1996, which explicitly legislated the doctrine of procedural default.

The High Court rejected the doctrine of terra nullius, in favour of the common law doctrine of aboriginal title, and overruled Milirrpum v Nabalco Pty Ltd ( 1971 ), a contrary decision of the Supreme Court of the Northern Territory.

Thus the court accepted that a modified doctrine of tenure operated in Australia, and that the law of tenure ( as a product of the common law ) could co-exist with the law of native title ( as a product of customary laws and traditions ), though where there had been a valid grant of fee simple by the Crown the latter title would be extinguished.

The law also resulted in middle class and affluent women having better chances to obtain an abortion.

Hoover fires Littell from the FBI, revokes his pension, and blackballs him as a communist sympathizer with every US state's bar association in order to hurt his chances of practicing law.

To try to decrease the chances of requiring kicks from the penalty mark, the IFAB, the world law making body of the sport, experimented with new rules.

Riding brakeless can be dangerous, is prohibited by law in many jurisdictions, and may jeopardize the chances of a claim in the event of an accident .< ref >

The intent of the suit is to prevent Arizona from enforcing the law and asks the court to find certain sections of the legislation null and void .< ref > Obama's Key Promises, 29 November 2010 < http :// www. washingtonpost. com / wp-srv / special / politics / obamas-promises />.</ ref > The United States Congress has left this issue untouched as many feared such a vote could threaten their chances at reelection.

Pietrostefani, who was residing in France, and no chances of being extradited as French law would have considered the crimes to have fallen under the Statute of Limitations, voluntarily returned to Italy ( as would, in another affair, philosopher Antonio Negri ) in order to struggle, alongside his comrades, for the recognition of their innocence.

The Israel gambling law ( Israeli Penal Law 5737-1977 ) does not refer specifically to online gambling ( land based gambling and playing games of chances is prohibited except in the cases of the Israel Lottery and the Israeli Commission for Sports Gambling ).

So the question of law is based on assessing the medical chances of recovery.

It became the sole `` subject '' of `` international law '' ( a term which, it is pertinent to remember, was coined by Bentham ), a body of legal principle which by and large was made up of what Western nations could do in the world arena.

The enormous changes in world politics have, however, thrown it into confusion, so much so that it is safe to say that all international law is now in need of reexamination and clarification in light of the social conditions of the present era.

To him, law is the command of the sovereign ( the English monarch ) who personifies the power of the nation, while sovereignty is the power to make law -- i.e., to prevail over internal groups and to be free from the commands of other sovereigns in other nations.

Moreover, the law of the land is not irrevocable ; ;

That is to say Gabriel's fundamental law had been so much modified by this time that it was neither fundamental nor law any more.

It is a weakness of Gabriel's analysis that he never seems to realize that his so-called fundamental law had already been cut loose from its foundations when it was adapted to democracy.

Mr. Stavropoulos is the U.N. legal chief and a very good man, but he is not fully versed on some technical points of American law ''.

His father was a professor at Hartford Theological Seminary, and from him he acquired a conviction, which he passed along to me, that there is in the universe of persons a moral law, the law of love, which is a natural law in the same sense as is the physical law.

The same rule of specialization and division of labor guides him in the FELA certiorari cases, in the administrative law area, and indeed in the whole realm of judicial review.

The law which governs home rule charter petitions states that they must be referred to the chairman of the board of canvassers for verification of the signatures within 10 days and Mr. Martinelli happens to hold that post.

In October 2009, when visiting Yerevan, the World Bank ’ s managing director, Ngozi Okonjo-Iweala, warned that Armenia will not reach a higher level of development unless its leadership changes the " oligopolistic " structure of the national economy, bolsters the rule of law and shows " zero tolerance " towards corruption.

Unlike most Common-law jurisdictions, the majority of civil law jurisdictions have specialized courts or sections to deal with administrative cases which, as a rule, will apply procedural rules specifically designed for such cases and different from that applied in private-law proceedings, such as contract or tort claims.

It serves the purpose to ensure a treatment in accordance with the rule of law by the public authority.

At worst, abusing judicial discretion would actually pave the way to a biased decision, rendering obsolete the judicial process in question — rule of law being illicitly subordinated by rule of man under such discriminating circumstances.

Each of these volumes is divided into sections that begin with a text in boldface that summarizes a basic rule on an aspect of the law of contracts, agency etc.

USAID has programming in the following areas: economic policy reform and restructuring ; private sector development ( the Business Development Program ); infrastructure rebuilding ; democratic reforms in the media, political process and elections, and rule of law / legal code formulation ; and training programs for women and diplomats.

His goal was to create a European order based on cooperation rather than conflict and mutual trust instead of rivalry and suspicion ; the rule of law was to supplant the reign of force and self-interest.

Initially, Stalin directed systems in the Eastern Bloc countries that rejected Western institutional characteristics of market economies, democratic governance ( dubbed " bourgeois democracy " in Soviet parlance ) and the rule of law subduing discretional intervention by the state.

Wu Jinglian, one of China's leading economists and a longtime champion of its transition to free markets, says that it faces two starkly contrasting futures: a market economy under the rule of law or crony capitalism.

As a rough rule of thumb, common law systems trace their history to England, while civil law systems trace their history to Roman law and the Napoleonic Code.

For example, the traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were in privity of contract.

Virginia Code section 1-200 establishes the continued existence and vitality of common law principles and provides that " The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly.

In time, a rule, known as stare decisis ( also commonly known as precedent ) developed, whereby a judge would be bound to follow the decision of an earlier judge ; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another.

In other words, if an ' uninhabited ' or ' infidel ' territory is colonized by Britain, then the English law automatically applies in this territory from the moment of colonization ; however if the colonized territory has a pre-existing legal system, the native law would apply ( effectively a form of indirect rule ) until formally superseded by the English law, through Royal Prerogative subjected to the Westminster Parliament.

For example, a reception statute enacted by legislation in the state of Washington requires that " he common law, so far as it is not inconsistent with the Constitution and laws of the United States, or of the state of Washington nor incompatible with the institutions and condition of society in this state, shall be the rule of decision in all the courts of this state.

Oliver Wendell Holmes, Jr. in his famous article, " The Path of the Law ", commented, " It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV.