The letter analysed the relevant law and
applied the law to the facts before asking for RBS's position on those facts.
Not exact matches
«The point is, we've looked at the
facts of this case
before us and we've
applied the
law and the tests that parliament said — and we've come
to a very clear conclusion in this matter.»
I want
to make sure I have all the required documentation, but I'd like
to see some examples of what
to place in the section that says: «Any details about the conduct of the school that the borrower believes violated state
law» I attended DeVry in Washington statue until 2010 and want
to make sure I have all my
facts straight
before applying for loan discharge.
That is why courts exist,
to apply current
law to the
facts as it determines them, in the case
before it.
Sometimes government officials enforce
laws that have been held unconstitutional, either because they aren't aware of the relevant court decisions, or because they think that their
facts are distinguishable from those under which the
law was held unconstitutional (which sometimes happens on an «as
applied» basis rather than on a «facial» basis that
applies to all cases), or because they think the judge
before them might rule differently despite the precedent.
In deciding which standard
to apply, the reviewing judge will also consider whether the nature of the question
before it is one of
fact or
law.
It is important that you hear all of the
facts and that you hear the
law and how
to apply it
before you start deciding anything.
Consequently, make your findings of
fact before you turn
to applying the
law to the
facts.
We know that the legislature's role is
to write the
laws and that judges are
to interpret that legislation as
applied to facts in the case
before them.
As
before,
applying the
law to the
facts may be difficult in certain cases.
The correct procedure would have been
to make a finding of
fact before attempting
to apply the
law.
In doing so, the CRTC risks pre-empting the true role of commissioners — which is
to make independent decisions based on the
facts before them and
applying the
law with impartiality.