Sentences with phrase «by applying the law to the facts»

Not exact matches

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.

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.»

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).

According to them, it appears they have been targeted by the ban which does not apply to large - scale miners despite the fact that both small and large - scale mining is regulated by the same law.

In fact, it would remove the protection provided by the pet warranty law passed by the state just last year that only applies to pets purchased from pet stores.

The Teachers» Federation submits that the trial judge fundamentally misunderstood and incorrectly applied the applicable law to the facts of the case; applied an incorrect standard of review of a union's conduct, and imposed duties not required of it by law.

Also, an arbitration decision can't be overturned by a court even if it clearly and obviously misstates the facts and applies legal rules that are clearly contrary to the law.

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.

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.

While every litigator learns how to conduct legal research in law school, performs legal research on the job (or reviews research conducted by associates or staff), and applies the fruits of legal research to the facts of their cases, many may not yet have encountered legal analytics.

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 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).

Considering that McCormick engaged in productive work (providing legal services to clients on behalf of the partnership) and that Faskens could and had, in fact, affected his ability to have full and meaningful participation in economic and social life by imposing a mandatory retirement policy, the Code applies to his relationship with Faskens and generally to the relationship between a law firm partner and a law firm partnership.

Applying the Restatement (Second) of Judgments § 27, the Court noted that «subject to certain well - known exceptions, the general rule is that when an issue of fact or law is actually litigated and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the parties, whether on the same or a different claim.»

It's a failure of understanding on John Q. Public's part to understand that notwithstanding the fact that a legislature passes a law, how that law is applied in any given situation is determined by the courts.

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)

In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic judicial safeguards for judicial independence.

It shall not be out of place to mention that the limited scope of applicability of the Act has already been addressed by the revised Model Law, which states that provisions relating to, inter alia, interim measures shall apply irrespective of the fact that the place of arbitration is outside the country concerned.

All breach issues are, by their nature, fact specific and caution needs to be applied in extrapolating from one scenario to another, but the Court of Appeal has provided useful guidance on the nuanced approach of negligence law.

But when applying that test to the facts, the Court observed that the national (Swedish) measure was connected (in part) to infringements of the VAT Directive, and therefore was designed to implement an obligation imposed on the Member States by EU law «to impose effective penalties for conduct prejudicial to the financial interests of the European Union».

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.

You must also evaluate the conflicts rules used by the competing forums to properly assess which set of substantive laws will likely be applied to your facts.

In light of that fact, and the absence of any bright line rule regarding NJLAD's applicability to out - of - state employees, you may want to consider executing, where available by law, a written agreement with your non-resident telecommuters delineating which state's law applies in the event of a legal dispute («choice of law» clause), and in which court those disputes are to be filed («forum selection» clause).

The complaint alleges that LegalZoom «trademark document specialists» who were not lawyers «provided legal advice to the plaintiffs by selecting classification and modifying the goods and services description from the template thereby applying specific law to facts.»

A recent decision by the British Columbia Court of Appeal weighed in on this issue and held that Tsilhqot» in should be restricted to its facts, such that the IJI doctrine is still available where provincial laws purport to apply to «lands reserved.»

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.

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.

The court confirmed that s. 58 of the Administrative Tribunals Act applied to the HPRB, such that a court would not interfere with findings of fact or law, or an exercise of discretion by the HPRB, unless patently unreasonable, e.g., where discretion is exercised arbitrarily or in bad faith, for an improper purpose, based on entirely or predominantly irrelevant factors, or fails to account for statutory requirements.

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.

This is the first Canadian event of its kind and the fact that the conference is organized by the Canadian Bar Association and has both law firm and in - house counsel speakers suggests that the idea of applying project management principles to legal services has broad support and interest across the profession.

summary judgment: A decision made by a Judge when the parties agree on the facts but not on how the law applies to the facts.

But in fact all it means is a juror refusing to apply a law based on considerations other than the law he's instructed in by the judge.

3) The Court will not formulate a rule of constitutional law broader than required by the precise facts it applies to.

Subject to the facts and to any (normally rare) points of law found by the judge, then it is for him to decide in each individual case (subject to applicable guidelines), how that discretion should be applied.

The politics of s. 92 aside, it seems to me that it won't be a good thing for the respect accorded by the public to the common law realms in the country if there's a provincial / territorial difference on something as basic as when the but - for test applies, so that Ms. Clements, on the the trial judge's findings of fact, would succeed everywhere in common law Canada other than in BC, so long as the judges are not prepared to adopt the BC law.

The Committee was also guided by the fact that while the jurisdiction and responsibility of law societies to set rules governing professional conduct is undisputed, the courts are not bound to accept and apply these rules.

In my view this court has to apply the law applicable to the parties at the time of filing petition under section 34 as interpreted by the Supreme Court and this court as to whether in the fact of this case Part I of the Act would be attracted or Part II.

Physical laws are principles based on facts that apply to a class of phenomena and usually expressed by the statement that a phenomenon always occurs if specific conditions are present.

The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the right of all peoples to be different, to consider themselves different, and to be respected as such, Affirming also that all peoples contribute to the diversity and richness of civilizations and cultures, which constitute the common heritage of humankind, Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust, Reaffirming that indigenous peoples, in the exercise of their rights, should be free from discrimination of any kind, Concerned that indigenous peoples have suffered from historic injustices as a result of, inter alia, their colonization and dispossession of their lands, territories and resources, thus preventing them from exercising, in particular, their right to development in accordance with their own needs and interests, Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources, Recognizing also the urgent need to respect and promote the rights of indigenous peoples affirmed in treaties, agreements and other constructive arrangements with States, Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur, Convinced that control by indigenous peoples over developments affecting them and their lands, territories and resources will enable them to maintain and strengthen their institutions, cultures and traditions, and to promote their development in accordance with their aspirations and needs, Recognizing that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment, Emphasizing the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world, Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well - being of their children, consistent with the rights of the child, Considering that the rights affirmed in treaties, agreements and other constructive arrangements between States and indigenous peoples are, in some situations, matters of international concern, interest, responsibility and character, Considering also that treaties, agreements and other constructive arrangements, and the relationship they represent, are the basis for a strengthened partnership between indigenous peoples and States, Acknowledging that the Charter of the United Nations, the International Covenant on Economic, Social and Cultural Rights (2) and the International Covenant on Civil and Political Rights, 2 as well as the Vienna Declaration and Programme of Action, (3) affirm the fundamental importance of the right to self - determination of all peoples, by virtue of which they freely determine their political status and freely pursue their economic, social and cultural development, Bearing in mind that nothing in this Declaration may be used to deny any peoples their right to self - determination, exercised in conformity with international law, Convinced that the recognition of the rights of indigenous peoples in this Declaration will enhance harmonious and cooperative relations between the State and indigenous peoples, based on principles of justice, democracy, respect for human rights, non-discrimination and good faith, Encouraging States to comply with and effectively implement all their obligations as they apply to indigenous peoples under international instruments, in particular those related to human rights, in consultation and cooperation with the peoples concerned,

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.

So, what the learned, but possibly biased (remember, the 50/50 rule pro or con here) Judge has publicly stated as reasoning for the continuance of Dale's suit is, in «my» own words, that... «In my mind (according to how I personally see things in my own biased mind (I am human after all) from my own psychological / political perspective re how I want to apply the wording of the law in this particular case), Mr. Dale has the «legal» right to continue with his lawsuit because I, being the sole judge of the presented facts and tactics of persuasion as presented by both sides in this dispute, side with Mr. Dale more so than with TREB and CREA for the following reason (s):