Sentences with phrase «for factual issues»

Not exact matches

In brief: Such websites point to logical and factual flaws in the writings of the Intelligent Design movement and take issue as well with their intellectual honesty — as when, ever eager to write the obituary for Darwinian theory, they fail to acknowledge progress in evolutionary biology.

But if we're asking for factual information to be given, let's remain factual and not make assertions that there has never been a recall or an issue with any BPI product.

Presenting issues like privilege in a factual way at home is a lot easier on kids than leaving them to figure those things out for themselves when they're older, have more misconceptions to overcome, and are less protected from the consequences of their interpersonal missteps and mistakes.

Provide the factual information you've compiled and request a meeting to discuss the issue and come up with a safety plan for your child.

I am totally onboard for many reasons of eating a WFPBD (whole foods plant based diet) but in the context of a forum like this the discussion becomes almost religious, and religious has NEVER settled any factual or scientific issue.

Their concurring in part and dissenting in part opinion argued: (1) the court should not have reached the issue because: «n reaching the merits of the Section 10 challenge, the court ignores the fact that the Duncan complaint (which raised the Section 10 challenge) was dismissed by the district court for failure to state a claim under NRCP 12 (b)(5);» and (2) the issue is one of first impression, which the justices, in dissent, said is «not as well - defined and easily resolved as my colleagues suggest,... the proper action here, had a majority of this court not determined that SB 302's funding is unconstitutional, would be to remand this matter to the district court for further proceedings and factual development as to this claim.»

(b) If, as a service agent, the Department issues a PIE concerning you, the PIE applies to all your divisions, organizational elements, and types of services that are involved with or affected by the noncompliance that forms the factual basis for issuing the PIE.

(f) The application of a PIE is not limited to the specific location or employer at which the conduct that forms the factual basis for issuing the PIE was discovered.

Some thoughts — a «scientific» issue paper or piece on this blog would not only call for the discussion / comments to be germaine to the issue (naturally something that should apply to all discussions) but, also, that it be very much more factual and technical regarding the science directly and indirectly related to the subject.

His decision found that the complaint presented «legal and factual issues not appropriate for resolution at this motion to dismiss stage.»

Maybe it would be open on the evidence for the trier of fact to make that inference, but it wouldn't amount to a hill of beans, even a campfire's worth, unless the inference was of a necessary connection in which case «substantial» is meaningless, if the issue is factual causation which is clearly what's referred to in para. 10 of Clements.

The judge's refusal to dismiss the claims of trademark dilution was based on his finding that the complaint presents «legal and factual issues not appropriate for resolution at this motion to dismiss stage.»

The penalties and consequences of a conviction can be severe, and when issues such as hydro - bypass and utilities fraud are added to existing charges, the need for counsel who understands the complex legal and factual issues at hand is even greater.

Russia maintains that there is no factual or legal basis for the ICJ to adjudicate, claiming that the issues between Ukraine and Russia relate to the legality of the use of force, sovereignty, territorial integrity and self - determination and therefore go beyond the jurisdiction of the Court.

Although Markman assigned claim construction to the trial judge, it did not expressly state whether factual findings subsumed in that issue are subject to de novo review (as normally would be the case for legal rulings) or to review for «clear error» (as normally would apply to judicial fact findings).

In cases involving complex factual or legal issues, it may take a long time for depositions, expert reviews and documents to be exchanged and evaluated by the parties.

We will file motions challenging the government's case on every factual and legal issue, and we regularly obtain the dismissal of charges for our clients prior to trial.

The attorneys at A2L Consulting also study the litigation documents for each particular case so that there is a thorough understanding of all factual and legal issues to maximize the efficiency and effectiveness of your chose litigation support service.

However, the only «principles» that he could have been referring to are (a) those which describe the nature of the evidence that was required for a valid decision on the issue of whether the nurses» negligence was a factual cause and, then, (b) what test to use to decide if the evidence is sufficient on the balance of probability.

Finally, there are social facts used to construct a frame of reference or background context for deciding factual issues crucial to the resolution of a particular case.

To the extent that Apple's opening presentation references past events in which Steve Jobs was the protagonist, such as major product launches, there may be a factual basis for showing some of the pictures Samsung objects to, though the court might also agree with Samsung that» [t] he use of Mr. Jobs» image in these slides is not relevant to the specific intellectual property rights at issue in this case».

The calculus in approaching or avoiding the Ombudsman should be based on a variety of factors, such as, the financial strength of the project and its potential or actual job - creation activities; the factually - demonstrable urgency in receiving an adjudication; the presence or absence of red - flag factual or legal issues; and the likelihood that the particular case presents issues that, once resolved, would benefit multiple EB - 5 stakeholders, and thereby allow the Ombudsman to husband its scarce resources, and get more bang for its intercessory buck; and other relevant considerations.

While the example above clearly has significant factual issues, either party in a negligence lawsuit can bring a motion for summary judgment if there are no issues of material fact or where it is clear that the other party can not prove one of the elements of negligence.

We make use of both technology and our professional relationships with various subject experts to analyze complex legal and factual issues for our clients.

Further, the relevant factual matrix spanned several jurisdictions raising issues of the applicable law and the appropriate forum (country) for the dispute to be heard.

Author: Evan Ivkovic, J.D., Law Works P.C. Editor: Ben Hanuka In Hepburn v AlarmForce Industries Inc., released on October 6, 2017, by the Ontario Superior Court of Justice in London, the court dismissed a franchisee's summary judgment motion for rescission and bad faith conduct under the Arthur Wishart Act because the factual issues were complex that require a trial (legally, there were «genuine issues requiring a trial»).

The reasons for judgment in this case leave no doubt that the trial judge knew this record, appreciated the contentious factual issues, and understood the positions of the parties and the evidence they relied on.»

7.5 RULE: WCAT will normally grant the appellant's request for an oral hearing where the appeal involves a significant issue of credibility, where there are significant factual issues in dispute, and / or where there are other compelling WCAT reasons for convening an oral hearing (e.g. where an unrepresented appellant has difficulty communicating in writing or in English).

It seems to me that it is an other way of expressing the remoteness problem, but I struggle to come up with a factual example that you could not brush aside easily as a «standard of care» issue dressed up as causation (the liability of the person who left the paper in the wastebasket, for example)

Judges, lawyers, law librarians, law students, and others rely on Quicklaw every day to identify case law to support legal positions, to understand the law in particular provinces or territories, to collect background information for factual discovery, and to keep abreast of emerging legal issues in particular areas of law.

Keep in mind, the Court also said: «Judicial notice is not available here and can not form the basis for formulating general propositions relating to the factual issue of risk».

By doing so, it limited the issue on appeal to whether the amount of the Administrative Penalty was appropriate, without any review of the factual or legal foundation for the penalty.

We also haven't seen any cases where a judge said that he or she, before Resurfice, would have found the factual causation issue in favour of the plaintiff using Athey material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the facts, must find the plaintiff failed to establish factual causation on the balance of probability.

However, the master's findings on these issues disposed of the factual underpinnings of the appellant's claim for set - off and counterclaim.

The issue of determining whether there was a factual basis for the BBB's opinion is not so complex that it requires a new trial.

In Hepburn v AlarmForce Industries Inc., released on October 6, 2017, by the Ontario Superior Court of Justice in London, the court dismissed a franchisee's summary judgment motion for rescission and bad faith conduct under the Arthur Wishart Act because the factual issues were complex that require a trial (legally, there were «genuine issues requiring a trial»).

You and your spouse prepare for a legal and factual battle on disputed issues.

The bringing together of several lawsuits or several parties all in one lawsuit, provided that the legal issues and the factual situation are the same for all plaintiffs and defendants.

«Although appellant argues that this case presents an issue of first impression because the family court relied on «parental alienation syndrome» as a factual basis for assuming jurisdiction, we believe that petitioner properly responds that the family court's factual findings are amply supported by the record and that the term «parental alienation syndrome» is merely a way of describing appellant's actions as they related to the circumstances of this case.

identification of priority cases for trial that could act as lead cases for a region by resolving legal questions or factual issues of general application.

By integrating nonpartisan social science research, policy analysis and public education, the Center hoped to provide a factual basis for the development of sound governmental policies and for public consideration of the sensitive issues involved in the promotion of reproductive health and rights.

The Commission notes that it has not provided definitive pronouncements of whether particular practices which may be relied upon in criminal matters, for example, will be capable of being recognised consistent with human rights on the basis that this will require a consideration of the factual situation at issue in the particular case.

As there was a factual dispute as to how the model home was used, the court declined to further rule for either party on this issue.

A critical consideration for the committee in each case is whether it involves factual or legal issues that affect only the parties to the case (or a small segment of industry participants) or whether it may affect the industry nationwide and contribute to the development of law in a way favorable to the industry.