Sentences with phrase «apply the law to the facts no»

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

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.

Rule statements for the major subjects will become second nature, so when you sit down at the bar exam, the words will pour onto the page (or screen) easily, leaving your brain with the trickier task of applying that law to the facts presented.

While we attempt to simplify those tasks, we do not provide legal advice, opinions or recommendations, remedies, defenses, strategies, or apply the law to the facts of your particular situation.

To be a successful lawyer, a student must be able to analyze the facts of the case, find the applicable law, analyze and apply that law to the facts, and then communicate that analysis, either through writing or speaking.

Beginning in the 1800s, however, courts began to try to curb the practice of juror nullification by eliminating instructions that explained it and instead telling juries they had to apply the law to the facts no matter whether they personally liked the law or not.

The basic purpose of the bar examination is to test knowledge of the law, the ability to spot issues and apply the law to facts.

This will be the case when the process (1) allows the judge to make the necessary findings of fact, (2) allows the judge to apply the law to the facts, and (3) is a proportionate, more expeditious and less expensive means to achieve a just result.

We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

Ordinarily, the only questions in a appeal on the record will be whether the trial judge properly understood the law, and whether he or she properly applied the law to the facts that were found to exist.

We apply the laws to the facts of your case, and work tirelessly to demonstrate that you are entitled to compensation for your injuries.

At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

Do they follow the formalist model and mechanically apply the law to the facts?

Exams don't test the depth of your understanding, but your ability to spot issues and in a rather superficial fashion apply the law to the facts presented.

The breaching of a statutory duty is not proof of negligence and a motorcycle accident lawyer will be able to properly apply the law to the facts of your case.

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

Consequently, make your findings of fact before you turn to applying the law to the facts.

The letter analysed the relevant law and applied the law to the facts before asking for RBS's position on those facts.

One reason they struggle with that task is because they do not have a concrete idea of what it means to apply the law to facts.180

It is important to remember that neither the law degree nor the GDL focus on memorising the law, rather you will be expected to learn how to apply the law to a fact pattern.

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).

Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8 (34645) Summary judgment may not be granted where a genuine issue for trial exists; summary judgment is OK where: (1) the judge can make the necessary findings of fact, (2) can apply the law to the facts (3) is a proportionate, more expeditious and less expensive means to achieve a just result.

I will set out the facts of this case, the law as it relates to threatening and criminal harassment, and then apply the law to the facts.

A judge deciding a case employs those biases and heuristics as she applies law to facts.

LegalZoom does not review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation.

As before, applying the law to the facts may be difficult in certain cases.

I have always liked this book and use it in training, particularly for the sections on learning how to analyze facts in legal problem solving and then applying the law to the facts, often a challenge for rookie legal researchers.

You apply the law to the facts and see clearly that the loggers are in the legal wrong.

Litigation consists of three parts: proving facts, determining the applicable law, applying the law to the facts.

Flaux J's reminder that each case must be approached on its own facts is pertinent, but his judgment will undoubtedly assist practitioners on how to apply the law to those facts.

The jury verdict has inconsistencies on its face that couldn't possibly be correct if the jury correctly applied the law to the facts in any reasonable manner such as awarding damages after ruling that a defendant is not liable (This happens extremely rarely); or

The best legal research output comments on how to apply the law to the facts and reaches a conclusion on how the client should be advised to move forward.

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.

They have not been taught how to apply the law to the facts of a case.

I also recommend McCallum et al's Synthesis: Legal Reading, Reasoning and Writing in Canada, 2d (Toronto: CCH Canadian, 2008) since applying the law to the facts — synthesis — is also part of the challenge and this book provides useful commentary on this aspect.

Judges apply the law to the facts of a case and an answer presents itself.

We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your answers on the online questionnaire, or apply the law to the facts of your situation.

Since we do not provide opinions about your answers on the online questionnaire or apply the law to the facts of your situation, it is your responsibility to ensure any documentation you submit to court is true, correct, and accurate.

This gives the spouses much more latitude than they would have in court where the judge must apply the law to the facts of the case as he or she determines those facts after hearing the testimony of both spouses and all other witnesses and reviewing all relevant financial and child - related documents.)

The district court applied this law to the facts and found that the payments made to Karatnjchy did not fall within the acts prohibited by RESPA, but rather constituted services which were exempted from RESPA.

Applying the law to these facts, the court ruled that the Brokerage had a valid lien on the Property, as it had properly given notice and recorded its lien.

Not exact matches

People in some parts of the country have had that ability for a while, either because of state laws or the fact that the new federal rule was phased in, applying to different places at different times.

Says Katz, «Even if everything happened in Canada and would be subject to communication with the public by telecommunication, the fact that one crucial aspect of the activity takes place in the U.S. makes it unclear whose copyright laws apply.»

Under English law, which often applies to such policies involving international trade, because insurance contracts are «of the utmost good faith», the policyholder is required to disclose all «material» facts to the insurance company even if no question is asked by the insurance company.

The law, in fact, applies not only to religious organizations but to charitable organizations of a maddeningly wide variety.

We can not go around what God says by saying, «Well, our secular laws have now changed so God will have to take into account that fact — therefore, since our secular laws have changed, then God saying a «bishop must be the husband of one wife» — really wouldn't apply to us today.»

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).