62012CC0362 - EN - EUR-Lex - EUR-Lex

Predictability - Franska - Engelska Översättning och exempel

In Messer v. E.F. Hutton & Co ., 833 F.2d 909 (11th Cir. 1987), an investor unsuccessfully sought lost profit damages for unauthorized trades by claiming that but for the defendant’s actions, he would have followed a different investment plan. Many translated example sentences containing "legal certainty" – Spanish-English dictionary and search engine for Spanish translations. legal cer·tain·ty test n: a rule in federal civil procedure: a defendant's challenge to diversity jurisdiction made on the basis that the amount of money involved in the controversy falls short of the jurisdictional amount will be defeated if the plaintiff provides proof that the amount is certain to be met – called also legal certainty rule, legal certainty standard; legal-certainty test. Civil procedure. A test designed to determine whether the amount in controversy satisfies the minimum needed to establish the court’s jurisdiction. ?

Legal certainty test

It is considered a protection that guarantees that the law will not be used in an arbitrary way. Legal certainty is considered important to the rule of law as citizens who perceive the law as fair and comprehensible may be more likely to follow it. To me, this would not seem to be contrary to the principle of legal certainty; The reasonableness test in fact underlines the principle of legal certainty: when a tax treaty is applicable, a taxpayer may invoke the benefits of this treaty, unless, but this must be based on an objective analysis of the facts and circumstances, that obtaining a tax benefit is one of the principal reasons of an 2016-01-01 Legal definition of legal certainty test: a rule in federal civil procedure: a defendant's challenge to diversity jurisdiction made on the basis that the amount of money involved in the controversy falls short of the jurisdictional amount will be defeated if the plaintiff provides proof that the amount is certain to be met —called also legal certainty rule, legal certainty standard. The legal certainty test is often heavily litigated in personal injury or wrongful death cases, in the situation where they are removed by a defendant to federal court on the basis of diversity jurisdiction, and then the plaintiff moves to remand to state court. Legal Certainty A test in Civil Procedure designed to establish that a complaint has met the minimum amount in controversy required for a court to have jurisdiction to hear the case.

62012CA0362 - EN - EUR-Lex - EUR-Lex

The legal certainty test is often heavily litigated in personal injury or wrongful death cases, in the situation where they are removed by a defendant to federal court on the basis of diversity jurisdiction, and then the plaintiff moves to remand to state court. Legal Certainty A test in Civil Procedure designed to establish that a complaint has met the minimum amount in controversy required for a court to have jurisdiction to hear the case. Under this test, if it is apparent from the face of the pleadings, to a "legal certainty" that the plaintiff cannot recover or was never entitled to the amount in the complaint, then the case will be dismissed. Test of Reasonableness.

62012CC0362 - EN - EUR-Lex - EUR-Lex

Finally, it examines the ways in which legal certainty justifies the limitation of the applicability of EU law by proposing five functional legal contexts. The analysis of The certainty of decisions as predictability depends on the cha- racteristics of the law-applying process. Referring to the standard exam- ple of judicial decision- 17 Aug 2016 Legal certainty is considered a fundamental principle, recognized by most under examination – such as market definition and market power legal certainty, the illusion that the law is, or can be made, a compre- hensive which adopted the so-called subjective test for ascertaini public benefit in trusts pediency, and legal certainty, and that they posed "opposite de mands."40 Moreover, Radbruch noted that "[tjhere are no scientific tests by which their relative the principle that the law must provide a clear framework to regulate the legal certainty. noun. Definitions of legal certainty Phrase Bank for legal certainty. the Anglo-Saxon (rule of law) or Central European (legal certainty) legal system.

Legal certainty should enable States that choose to create new legal rules to question the credibility and validity of norms that have been tried and tested and recognised in the international community and to make informed choices. legal certainty to test the proportionality of a law which infringes on a person’s . legitimate expectations. 34.
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Do you think SMEs are going to be able to do that 5 Dec 2002 The use of language is crucial to any legal system, not only in the same way that the stress-testing of language in legal regulation and dispute resolution. and due respect for the requirement of certainty in crimin 10 May 2010 Standard from the Dominance Test to the SLC/SIEC Test held by the Implications of the choice of substantive test for legal certainty.

The principle of legal certainty has been designated as a fundamental principle of EC law. 1 In general terms, one might note that the application of the law to a specific situation must be predictable.
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However, adding the word ‘genuinely’ before all of the requirements does not resolve the problem of legal certainty.