Sentences with phrase «central issue of the case»

«Intent is the central issue of the case,» Williams wrote.

Not exact matches

The central issue in that case, of course, was whether Section 121 of the Constitution was breached by the New Brunswick...

In case you missed it, I wrote a lengthy, in - depth review of Charlie Rangel's half - century representing Central Harlem, for the Autumn issue of City Journal.

A central theme of their case has been the issue of what they say are mistakenly rejected absentee ballots.

Along those lines, the authors touched on some of the central issues raised in the Markingson case: Dan Markingson agreed to enroll in a trial while committed involuntarily to the hospital, raising questions about his ability to consent, and the lead researcher on the trial was also his treating psychiatrist.

If Pielke wants to muddy the effects of more than a CO2 doubling, that is his own personal case to make, but he hasn't denied its importance, so his statement is just a side - track, not considering the central issue nor even saying clearly why he isn't.

@John Coochey You can prove that Monckton has a case by presenting a list of his most central claims that bring down the foundations of climate science as it concerns the specific issue of enhanced greenhouse effect due to fossil fuel greenhouse gas emissions, and an accompanying list of evidence directly relevant to these central claims, and an accompanying logical argument based upon the current state of scientific knowledge.

As a perhaps more weighty point of critique, the EFTA - Court's way of deciding the case based fully on issues of discrimination leaves the central point of the Icelandic rules — the public purpose they are aimed at — aside, apart from the short reference mentioned earlier (para 54).

Central issue in this case was whether Member States are still allowed to impose a higher level of fundamental rights» protection for cross-border cooperation in criminal matters than the standard set by EU law.

In the case of currency, live checks, and items 1 - 5 of the second list, the basic issue is that it is customary to transfer and assign the rights arising under these documents by transferring physical possession of them, without recording the transfer in a central registry.

The central issue in the case was whether the retention of fingerprints and DNA information of persons arrested but not subsequently convicted, should be retained indefinitely on the NDNAD.

At his blog Decision of the Day, Robert Loblaw reports on a student speech decision issued yesterday by the 2nd U.S. Circuit Court of Appeals, Wisniewski v. Board of Education of the Weedsport Central School District, coming close on the heels of the Supreme Court's June 25 decision in Morse v. Frederick, better known as the «Bong Hits 4 Jesus case.»

«The issue to be resolved in this case is not a question that is of central importance to the legal system as a whole and lies outside the ATQ's specialized area of expertise,» Brown wrote.

A central issue in the case has been the question of whether the practice of polygamy involves the potential for abuse of women and children in polygamous communities.

The central issue in that case was whether a provision in the Affordable Care Act (ACA), which required employers to provide employees with health coverage for contraception, infringed on Hobby Lobby's rights under the Religious Freedom Restoration Act (RFRA), which prohibits Congress from enacting a law that burdens a person's exercise of their religion.

Andrew Berger, at IP in Brief, recaps the history of the case and the legal issues, but comes out on the opposite side, his central theme being «When you welcome a thief in your house, you probably know he's there.»

In this instance, however, it appears the advice (assuming advice was obtained) related exactly to the central issue, or one of the central issues, of the case.»

Although there is no doubt that the plaintiff's credibility was a central issue in the case and he had much to do to convince the jury of his truthfulness, that issue deserved to be proved independent from psychiatric evidence that had no bearing on the physical injuries he claimed to have suffered.

In this case, the police officer's legal opinions constituted an inducement that render the statement involuntary for the following reasons: i) the legal advice provided by the police officer was central to the issues that the accused ought to consider in assessing whether or not to provide an inculpatory statement; and ii) the accused had stated he wished to seek the advice of Counsel before providing a statement; and iii) the accused did not expressly waive his rights or indicate that he had changed his mind about consulting Counsel before providing a statement; and iv) no reasonable opportunity was given for the accused to consider his options; and v) it can be reasonably argued all subsequent statements were influenced by the police officer's legal advice.

For example, the EU competence in criminal matters is central in Mitsilegas» analysis, but Murphy also briefly comments upon the issue; the varied geometry as regards the application of EU rules among the Member States is explained by both Peers and Herlin - Karnell; the EU accession to the ECHR is analysed in the context of fundamental rights protection (Konstadinides and O'Meara) and as an external factor of shaping the AFSJ (Eckes); besides, some cases (Melloni, Radu, Kadi and NS) are particularly popular among the academics and for good reasons.

As a central issue, Article 10 (1) of the Regulation provides that non-governmental organisations meeting certain criteria are entitled to request an internal review to the EU institution or body that has adopted a certain administrative act under environmental law or, in case of an alleged administrative omission, that should have adopted such an act.

The Court characterized central issue in this case as whether the Registrar should accept evidence of the kind submitted by Dr. Gehl as to the paternity of her grandfather as sufficient to establish entitlement to status.

In that case, a central issue was whether the publication was communication of ideas, but the final appellate decision was that «The book directly and unmistakably urges concrete violations of the laws against murder and murder for hire and coldly instructs on the commission of these crimes.

The credibility of this physician was the central issue for the case.

The central issue in this case is whether general warrants can be used to seize the content of private text messages from telecommunication service providers.

I have ignored these exceptions, since succession cases fall into a special category where the intentions of a deceased person tend to be the central issue.

In that case Justice Rivard found the central issue (the quality of the medcolegal evidence used in personal injury cases) to be a matter of public interest.

The central issues in the case are whether the respondents, by mailing a document entitled «Official Sweepstakes Notification» (the «Document») to the appellant, engaged in a practice prohibited by the Consumer Protection Act, R.S.Q., c. P ‑ 40.1 («C.P.A.»), and, if so, whether the appellant is entitled to punitive and compensatory damages under s. 272 C.P.A. To decide these issues, the Court must, inter alia, define the characteristics that are relevant to the determination of whether a commercial representation is false or misleading, as well as the conditions for exercising the recourses in damages provided for in s. 272 C.P.A.

Of course, it is not always easy to tell whether issues central to a case are «religious» in nature.

With estimated service times lasting multiple weeks in some cases, a group of users on the Android Central forums have attempted to resolve the issue themselves, with varying levels of success.

AT&T has confirmed to Android Central that anyone who already purchased a Watch Urbane 2nd Edition LTE from the carrier will be notified of the issue, and is entitled to a full refund or replacement for another connected watch — which in this case would be the Gear S2.

To help your case, emphasize any previous experience you've had with the mission or central issue of the organization, whether through volunteer service, work, or education.

Highlights Monitor the progress of various clients and institute adjustments when necessary Effectively communicate with parolees, fellow parole officers and representatives of the court Compile and analyze various court reports Ensure full compliance with State regulations and standard operation procedures of the facility Apply strong problem solving skills in different situations Assist parolees in securing jobs and other necessary resources to transition into civilian life Strong public relations skills Proficient in Microsoft Office Experience Probation Officer 1/1/2010 — Present Central Offender Services — Augusta, GA Manage the cases of several different parolees simultaneously Ensure that parolees have access to needed resources to make a successful transition out of the system Maintain an in - depth understanding of the criminal justice system and current and pending laws Hold periodic meetings with paroles to ensure that they are meeting all requirements for their parole Analyze various court reports to determine appropriate courses of action with clients Receive and address parolee issues to help keep them on the right path

While religion is a central theme in this case, Shuber points out that the main issue is not necessarily religion, but rather the custodial parent's desire to raise her child without the interference with and undermining of her custodial decisions by the grandparents.

(20) «State Disbursement Unit» means the unit established and operated by the Title IV - D agency to provide one central address for collection and disbursement of child support payments made in cases enforced by the department pursuant to Title IV - D of the Social Security Act and in cases not being enforced by the department in which the support order was initially issued in this state on or after January 1, 1994, and in which the obligor's child support obligation is being paid through income deduction order.

The courts have mentioned the requirement for connection in a number of the most recent cases, but it is dealt with at greatest length in De Rose, where the judge saw it as the central issue in dispute.

As noted earlier, you expressed concerns that the Guidelines attach greater significance to the objection application than to the more central issue of whether a proposed development attracts the expedited procedure in any particular case.

(a) that the Guidelines attach greater significance to the objection application than to the more central issue of whether a proposed development attracts the expedited procedure in any particular case; and