Sentences with phrase «as a matter of law»

It granted the employer's motion for judgment as a matter of law.

However, this is a question that can not be resolved as a matter of law on the facts as presented.

And third, even if no issues of fact remain, my client, the defendant, is entitled to judgement as a matter of law.

A void marriage / domestic partnership is invalid as a matter of law from its inception.

This is called a lien and is triggered automatically as a matter of law.

The requested jury instruction was correct as a matter of law and should have been submitted.

My tentative view is that it is not strictly necessary as a matter of law for the implementing legislation to spell out the effect of any declaration that the implementing jurisdiction wishes to make.

He also asked the court to rule that he was not reckless as a matter of law.

If you are found to be partially at fault for your accident, then you will be barred from recovery as a matter of law.

All federal Representatives are in single seat districts as a matter of law.

You are responsible for your own work as a matter of law, ethics, and fact.

However, this lien is as a matter of law reduced by 1/3 because you have legal fees and costs to pay as well.

So, yes, they are enforceable as a matter of law.

So the court found that since the vendor had publicly claimed the house was haunted, then as a matter of law it was and they should have disclosed the information to the buyer.

To the surprise of many, stopping distances are actually estimated as a matter of law.

The trial court held that the loss was covered by the policy as a matter of law.

A: Unit owners do not have the right to adopt or approve a proposed budget as a matter of law.

The solution to the problem may not be framed as a matter of law.

This seems the right answer as a matter of law as it is.

That provision was thought inaccurate as a matter of law, to begin with.

The appellate court found that this evidence was insufficient to prove the property's fair market value as a matter of law.

The party moving for summary judgment must show there are no genuine issues of material fact and the case is appropriate for judgment as a matter of law.

The Court «did not find as a matter of law, that the entire [Joyner] designating petition is permeated with fraud.»

The district court's reasoning that settlement relieved it of the need to perform the choice - of - law and predominance analyses was «wrong as a matter of law.»

RMFU argued that the LCFS fails as a matter of law because it: (1) impermissibly discriminates against out - of - state corn ethanol; (2) impermissibly regulates commerce and the channels of interstate commerce; (3) excessively burdens interstate commerce without producing local benefits; and (4) is preempted by the Energy Independence and Security Act of 2007 («EISA»).

Justice Harry La Forme dissented, holding that «Ewanchuk conclusively establishes that... prior consent is not effective as a matter of law because unconsciousness deprives the person consenting of the ability to express consent or know whether they are consenting at the time the sexual activity occurs» (at para. 117).

«The conduct of a hit - and - run driver of an automobile in failing to stop and give his name, etc., and render assistance to the person injured by him in the operation of his automobile along a public highway, may, in that it is in violation of a statute (OCGA § 40-6-270]-RRB-, be regarded as negligence as a matter of law.

On August 6, 2014, the state filed a motion for summary judgmentRefers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law..

The court stated that «where a real estate agent — experienced in a specific type of transaction — makes an affirmative representation to the principal regarding that same type of transaction, the principal is not unreasonable as a matter of law to rely upon that representation.»

After extensive briefing and two oral arguments, the Court reversed and rendered the case in favor of the defendant as a matter of law.

Obtained reversal of summary judgment against landowners to declare certain restrictive covenants null and void because, contrary to the trial court's conclusions, the covenants at issue were not void as a matter of law, and questions of material fact existed as to whether the defendants were entitled to enforce them.

Because the Arizona Supreme Court could not say as a matter of law that the alleged negligence that was a cause of Shaw's death was unrelated to her incapacity, the state Supreme Court reversed the judgment of the trial judge and sent the case back for further proceedings.

You have as a matter of law reasonable grounds for instituting, defending or being a party to the proceedings for which legal aid is sought