For example, the Canadians Voting Abroad website about the challenge to the provisions of the Canada Elections Act disenfranchising Canadian expatriates after five years abroad looks like it was designed in the 1990s and, more importantly, is missing some crucial documents, such
as the factums submitted to the Court of Appeal.
To find out more about any particular case, the Court's website has a section that allows users to find docket information, case summaries as well
as factums from the parties.
Arruda said that, when entering case data into EVA, lawyers just drag and drop a document (such
as a factum) into a box, and once the AI processes the data, it generates key information from the document at a glance.
Not exact matches
This would imply that on Orthodox conciliar theory a council could be declared ecumenical only post
factum, and can not be seen
as such beforehand.
a) empirical facts (often deliberately created by experiment and planned observation,
as the term
factum est implies)
As it is used to be said by us, Contra
factum non est argumentum.
As creative workshops all over the world expand their offerings in digital fabrication (in addition to those mentioned here, the Centre for Fine Print Research in Bristol and
Factum Arte in Madrid are notable)-- and artists continue to explore these media on their own — we are likely to enjoy the blossoming of completely new arms of creative endeavor.
The catalogue features documentation of Breitz's work, commissioned by The Power Plant,
Factum (2009), a series of video portraits featuring seven sets of identical twins and one set of identical triplets,
as well
as illustrations of key works from Breitz's oeuvre: Him + Her (1968 - 2008), Legend (A Portrait of Bob Marley)(2005), Becoming (2003), and Four Duets (2000).
Commentary is defined
as being (1) legal texts, (2) legal encyclopaedias such
as Halsbury's Laws of Canada, (3) law journals and seminar papers, (4) memoranda and
factums, and (5) wikis blogs and newsletters.
If such technology were used by CanLII, in addition to legal opinions, from its large databases of materials, other revenue - producing products would be developed for each major area of law and practice, such
as: (1) a priced catalogue of the standard memoranda, which would be advertised in legal publications; (2) a service that summarizes new decisions, statutory amendments, and significant law journal articles; (3) a newsletter for each major area law and practice; and, (4) specialized databases and projects such
as databases of model
factums and average sentences and settlements.
It continues
as a true support service but it has had to shift from emphasizing its production of complete legal opinions, to the free downloading of highly specialized memoranda of law,
factums, and other materials.
Even the associates who undoubtedly were involved in the research and writing of the
factum, so
as to save their client money.
The work around mentioned of course is the practice of describing this work on dockets not
as «legal research» but
as «drafting
factum» or «analyzing question of vicarious liability,» something which seems unfortunate and should be unecessary.
These are typically the tasks, such
as document review within
factums or legal briefs, for instance, that AI tackles, reducing room for error.
«Compelling the law society to accredit TWU would result in discrimination against those who wish to apply to law school but are not able to conduct themselves
as required by the community covenant,» according to the LSUC's
factum.
and Semelhago v. Paramadevan [1996] 2 S.C.R. 415: For which see Siebrasse's critique, which interestingly quotes from oral argument an exchange between Gonthier J and John Swan
as counsel., where the court's decision was based on a line of reasoning and authorities that were found nowhere in the appellant's or respondent's
factums and were never canvassed in oral argument.
Jessica Zita, associate with Hicks Adams and junior counsel on George Cooke's appeal, says the concession and the ultimate decision came in response to their
factum,
as Matthew Cooke's counsel argued their appeal on different grounds, but the co-appellants both suffered from the same jury charge and, therefore, both had their convictions overturned.
The privacy concern is harder — but a study of
factums might show that it's rare for there to be real issues except in family or criminal cases,
as the Court suggested.
Any person who fails to exercise reasonable care in signing a document is precluded from relying on non est
factum as against a person who relies upon that document in good faith and for value.
«Denying a lawyer's right to free expression on behalf of a client in a court of law in favour of a vague definition of civility and its application after the fact fetters and chills the lawyer's ability to engage in vigorous advocacy,» Groia argues in his
factum, «in turn damaging the public interest,
as well
as infringing [on] the ability of an accused or client to make full answer and defence in a judicial proceeding.»
Academically trained
as a writer, Mr. Cooper also provides clear, concise, and persuasively argued legal
factums for submission to court.
This may be changing where
factums are concerned,
as noted by SLAWers, who seem to think that there are not good legal or pratical reasons to restrict access.
As I've said, we who are legally trained understand the whys and wherefores of the system, value the exquisite subtleties accompanying the intersection of jurisdiction, legislation and precedent, and appreciate the elegance of a well drafted contract or
factum.
She is a 2017 Bowman National Tax Moot Champion («Best
Factum - Appellant») and spent time behind the scenes
as a legal intern with the Canada Revenue Agency.
Florida law recognizes different types fraud that can form the basis of a lawsuit, such
as fraudulent inducement, fraudulent misrepresentation, fraud in the execution of a contract, and «fraud in the
factum.»
The
factum must not be subject to any limitation on access by court order or law, or
as set out in paragraph 3.4 of this policy.
These dire warnings apply to what we think of
as traditional legal work — shuffling papers around, endlessly drafting
factums or contracts or opinions, attending mind - numbing meetings.
We're helping out the Canadian Bar Association's Supreme Court of Canada Liaison Committee by running a two minute survey about whether
Factums submitted to the Court should be made publicly available (
as is done for the United States Supreme Court).
Based on the
factums submitted to the SCC, the appellant (Yugraneft) is arguing that international arbitral awards should be considered, at least for enforcement purposes, equivalent to foreign judgments, and,
as such, should benefit from the 10 - year limitation period under s. 11 of the Alberta Limitations Act.
Consider
as well that documents (e.g., motions, written submissions,
factums etc.) argue for you after you've left the courtroom and, at the same time, help build a record for appeal should this be necessary.
ARL notes in its
factum that this appeal is «not about whether governments should
as a matter of policy and practice consult with Aboriginal groups in some manner when developing legislation that could adversely affect their rights and interests.
In this
factum, CCD explained that for disadvantaged groups, such
as people with disabilities, access to justice requires a robust and effective Canadian Human Rights Commission where issues of discrimination can be addressed.
Of note in this case is the court's reliance on both a fairly narrow (but common) reading of this rule, that restricts the right to file a reply
factum very narrowly,
as well
as an «administrative practice» for the court to not even accept a reply
factum unless leave is obtained by a judge.
By contrast, the respondent father argues that any interpretation that is contrary to a strict «shared parental intentions» approach will result in an increase in international child abductions
as a result of an undermining of the Hague Convention mechanism: «The greater the ease... the greater the incentive to try» (
Factum of the Respondent JPB at para 54).
In response to objections by the Crown, the trial judge stated that this was not evidence of sexual activity, rather evidence of a lack thereof, and saw this
as relevant to whether the complainant «had the moral or physical strength to rebuff men if she felt like it» (Crown
factum, at para 81).
He referred to the accused's testimony
as reflecting «consensual, indeed even tender, sex» (Crown
factum, at para 49, Appeal Record at p 451).
As noted in the Factum of the Intervener of the Women's Legal Education and Action Fund (LEAF), the accused had been convicted of assaulting the complainant on two previous occasions, and as noted by the trial judge, the complainant's recantation on the issue of consent was typical of a domestic violence context (at para. 2
As noted in the
Factum of the Intervener of the Women's Legal Education and Action Fund (LEAF), the accused had been convicted of assaulting the complainant on two previous occasions, and
as noted by the trial judge, the complainant's recantation on the issue of consent was typical of a domestic violence context (at para. 2
as noted by the trial judge, the complainant's recantation on the issue of consent was typical of a domestic violence context (at para. 2).
Significantly, Berger J.A. found no prejudice to the respondent — so long
as the applicants» submissions are confined simply to the proposed joint
factum.
As detailed in the
factum, WSIB adjudicators are best placed to take an active role in stopping the discrimination too frequently experienced by workers re-entering the workplace.
Others noted that
factums were drafted not
as creative works for all time, but
as advocacy documents that had the sole purpose of advancing the client's argument and winning appeals.
[2] While the notice of appeal raises a wide range of issues, some of which fall outside the ambit of the jurisdiction of any court, the arguments advanced in the
factum and in oral argument are somewhat more focussed and may be summarized
as follows...
As the CBA dialog continued, I stated that it is very hard to identify the objective differences between a two day and three day
factum in any meaningful way.
Notably the court found the source of the concept to be a 1981 Supreme Court of Canada decision [6](it is not a «new» concept
as Eli Lilly argues in its NAFTA
factum).
As clarified by the Government of Canada in its reply
factum, in fact three Canadian patents have been invalidated solely on the basis of utility since 2005 — two of which are Eli Lilly's patents that are the subject of its NAFTA challenge.
CAFC did not share Mr. Bhasin's objective, nor did CAFC intend for the contract to confer that right,
as evidenced by the non-renewal clause in dispute [para 145 of Respondents»
Factum].
At the same time
as the appellant serves you with the appeal book, he or she will serve you with a
factum (if he or she is represented by a lawyer) or a written argument.
In late 2008 I proposed that eventually someone would use a legal blog post
as an authority in their
factum.
They all joined law firms, and while they wouldn't appear
as advocates, they have provided advice to those preparing
factums.
The
factum of some of the interveners are also available online, such
as the Coalition of West Coast Women's Legal Education and Action Fund & Justice for Children and Youth & Arch Disability Centre, and the British Columbia Civil Liberties Association.
Another example of the concern to render justice
as quickly
as possible is that the Court of Appeal will be allowed to render judgment based only on the
factums submitted by the parties, without the necessity to hear them plead on a date usually months down the road from submission of the
factums.