Sentences with phrase «apply that law to the facts as»

For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.

We must hold firmly to the doctrine that in the courts of the United States it is the duty of juries in criminal cases to take the law from the court and apply that law to the facts as they find them to be from the evidence.

Not exact matches

Indeed, the claim that one can apply the law to the facts is seen as nothing more than a cover for judicial lawmaking.

As a matter of fact, no prescriptive law will be actualized until it becomes the descriptive law of the human beings to whom it applies.

The fact that established law, created under the Clinton administration was upheld, and how it applies to «persons» and corporations who can be legally identified as «persons» are what we are talking about.

I am constantly shaking my head at writers and media who seem not to understand the medical facts or science regarding birth control and because of that mislead readers about the truth about birth control and what it does and doesn't do and the truth around so - called religious objections as it applies to the health care law.

Thus, fourthly, some Member States raise point that while the burden - sharing is both legally and morally acceptable (IOW: we will take refugees, of course), the fact is that every country has every right to apply laws as laid down in treaties and can not be bound by their interpretation or suspension by other Member States (IOW: but we will decide who is a refugee and who is not).

The fact that no action was taken in spite of the myriad of conflicts, the direct thwarting of US law as it applies to export controls, and the concerns raised makes Robert Muller complicit in the act.

Thus, under a plain reading of the law, as applied to Ms. Shirley's facts, the answer to her question can only be «yes.»»

There is also a lack of training in many police forces and the CPS [Crown Prosecution Service] as to how this older law applies to a very modern medium which means that application of the law to the facts is misconceived.»

The fact, however, is that New York's Civil Service laws do not apply to teachers and will not kick in as some sort of magical backstop should Brown's suit be successful.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the

The reductive dimensions of this on - going process struck me as the way in which we are now training law students to «handle» the «facts» to which they'll «apply the law» as if they were going to spend their professional lives taking and re-taking the Bar Exam rather than helping their clients secure a relatively predictable future (the transactional lawyers) or resolve conflict without the bitter aftertaste of injustice in their mouths.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix of the contract.

Quite the opposite, in fact, as many submissions apparently referenced freedom of expression and freedom of the press, and focused on the opportunities available to apply existing laws or use enhanced versions of «defamation law, privacy torts, website takedown policies, and PIPEDA's framework for the management of personal information.»

129 Furthermore, the fact that, in the context of applying European Union environmental legislation, certain matters contributing to the pollution of the air, sea or land territory of the Member States originate in an event which occurs partly outside that territory is not such as to call into question, in the light of the principles of customary international law capable of being relied upon in the main proceedings, the full applicability of European Union law in that territory (see to this effect, with regard to the application of competition law, Ahlström Osakeyhtiö and Others v Commission, paragraphs 15 to 18, and, with regard to hydrocarbons accidentally spilled beyond a Member State's territorial sea, Case C ‑ 188 / 07 Commune de Mesquer [2008] ECR I ‑ 4501, paragraphs 60 to 62).

In the same way, applying fiduciary law to the lawyer - client relationship can be seen as providing assurance in the face of information asymmetry and addressing the fact that law is a credence good.

There has been enormous diversity as to how this phrase has been interpreted in various United States courts (it is always very fact - sensitive), but there is some precedent in Japan via lower courts that have made decisions regarding the phrase when deciding which applicable laws to apply in certain cases.

Today, juries are expected to apply the law as it is explained to them to the facts they learned from the trial, whether they agree with the particular law or not.

It makes unnecessary the two step analysis of the applicability of provincial laws suggested by s. 88 of the Indian Act, RSC 1985, c I - 5 (at least so far as provincial laws are claimed to apply to «Indians» rather than «lands reserved») and the Court's decision in Dick, [1985] 2 SCR 309 — in fact we don't need s. 88 any longer since there are no longer any inapplicable provincial laws that need to be made applicable by operation of a federal statute.

Let's try to compare the point 50 of the opinion: «While the movement of citizens of the Union between Member States is governed by EU law, and in particular by Article 21 TFEU and Directive 2004/38, the same does not apply to visits to Member States by Heads of State» which basically says that the movement of diplomats falls outside the scope of EU law, with the judgment of the Court in paragraph 51: «Accordingly, the fact that a Union citizen performs the duties of a Head of State is such as to justify a limitation, based on international law, on the exercise of the right of free movement conferred on that person by Article 21 TFEU.».

«[The] application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment (Case 8/74 [1974] ECR 837), so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States» (Keck, para. 16)(emphasis added).

That is why courts exist, to apply current law to the facts as it determines them, in the case before it.

The case law to date has held that in order for the RCD to apply, all of the following requirements must be met: (i) there is valid provincial or federal legislation; (ii) conduct is legislatively mandated or authorized; (iii) the authority to regulate has in fact been exercised; and (iv) the regulated scheme has not been hindered or frustrated by the conduct (or used as a shield to engage in anti-competitive conduct).

The Law Commission proposes some kind of non-binding «guidance» about «needs» to assist decision - makers in their task of interpreting that term in specific cases, which serves to underscore the fact that there will be substantial uncertainty under its proposal as to what the exception will include and how it will be applied.

If it formulated its ruling in such a way as to highlight the exceptionality of the circumstances that would force Member States to apply Article 25 (1) of the Visa Code to issue LTVs despite the fact that there might be reasons to refuse a visa according to Article 32 of the Visa Code, the EU would honor its obligations under international and European refugee and human rights law, without endangering the functioning of the CEAS.

Courts «view jury nullification as a pernicious element in the criminal justice system... the jury's official role in court proceedings is limited solely to judging the facts of the case and applying the law as given by the judge to those facts» (Travis Hreno, «Necessity and Jury Nullification» (2007) 20 CJLJ 351 at para. 2)

The parties will then present a Closing Argument summarizing the evidence presented, apply the facts of the case to the applicable law, and argue why their position should be adopted as the orders of the court.

@user6726 Appellate decisions are absolutely more authoritative than trial court decisions when they are available, but in any particular incident, the trial court is the first body to make an authoritative interpretation of the relevant law as applied to those particular facts in that particular case.

Or it may happen through direct interactions with a judge, such as evidentiary objections or motions, novel legal arguments of how the law applies to facts, or motions or other arguments that ask the judge to shape the law to fit a previously unanticipated circumstance.

The privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal services or (iii) assistance in some legal proceeding, and not (d) for the purpose of committing a crime or tort; and (4) the privilege has been (a) claimed and (b) not waived by the client.

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.

(2) I believe that trying to find a just solution to a contentious matter is as if not more demanding than arguing for its resolution according to legal precedents (I always tell my students that they are mistaken if they believe that mooting is the pinnacle of intellectual achievement in law school — in fact it is learning how to negotiate, mediate and problem - solve)(3) Learning how to problem - solve (which includes relating to the people as well as the problem) is a good deal more practical and important for prospective lawyers than being able to find and apply legal precedent, any well - trained monkey can learn to do that and (4) I think we make the mistake all the time of imagining that knowledge and skills are somehow binary processes.

The law doesn't matter a bit, except as it applies to a particular set of facts.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix.

Effective advocacy is not rooted in the technical details of applying law to facts, as law school supposedly teaches you.

For Twist 1, as you described, it seems like this could make the call legal in practice, because there's no way for the person being called to identify the fact that NH laws apply to be able to tell that they were broken and request enforcement.

To obtain real legal advice, you need to visit with a licensed attorney who can listen to the specific facts of your situation and inform you regarding the law as it applies to those specific factTo obtain real legal advice, you need to visit with a licensed attorney who can listen to the specific facts of your situation and inform you regarding the law as it applies to those specific factto visit with a licensed attorney who can listen to the specific facts of your situation and inform you regarding the law as it applies to those specific factto the specific facts of your situation and inform you regarding the law as it applies to those specific factto those specific facts.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

Since the Court of Appeal found the Applicants» leave application requested the Court to apply the facts to the law, the question was of mixed fact and law and not law alone, as required by the s. 23 of The Social Services Appeal Board Act, CCSM c S167.

Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law.

One other preliminary, which may help those dipping their toes into these multi-national tort claims: it was common ground that, if there was a claim in tort, it would be governed by Egyptian law (under Art. 4 (1) of an EU provision known as Rome II); but the fact another country's law applies to a case does not mean that the UK can not try the case — if there is jurisdiction.

In fact, at the beginning of the process when the jury is initially sworn in, each juror swears an oath to apply the law as it is given to them by the judge.

At present the general view of the law is that litigation privilege applies to communications in the course of, or in contemplation of, regulatory enforcement proceedings, but that is unlikely to extend to documents produced for investigative procedures, such as FCA scoping meetings, or for a firm's fact finding exercise to assess the need for notification under the FCA Principles for Business 11.

In my own experience, I can recall having a conversation with a former member of the Municipal Board who told me that he liked to «saw things off in the middle» on assessment appeals (not quite the same as fulfilling his duty to apply the law to the facts that were presented at a hearing).

«Whereas, we are teaching and evaluating four key skills, known as IRAC: information (assimilating the facts); relevant rules (identifying which area of criminal law applies to those facts); application; and conclusion (presenting and advising).

Applying these principles to the facts at hand: in this case, even though the final version of the Consent Order contained the three additional terms suggested by the judge, it was still made on «consent» as required in law.

Moreover, as the Supreme Court explained, «a circuit court appellate decision made according to the forms of law and the rules prescribed for rendering it, although it may be erroneous in its conclusion as to what the law is as applied to facts, is not a departure from the essential requirements of law remediable by certiorari.»

Since Bertico merely applies the law established in Provigo to a new set of facts (as acknowledged by the Court of Appeal at para. 76 of Bertico), this decision has not increased the duties incumbent upon franchisors in Quebec.

The House of Lords held, however, that the legal test applied by the SIAC was not an error of law and that the SIAC was entitled on the facts to find as it had done.