If you are in doubt about your preliminary
decision on a particular issue, keep going through the rest of your reasons and circle back to that issue at a later time.
The course will employ a «case method» — not the typical study of appellate
decisions on particular issues but a «full» case method that examines entire cases, from dispute to filing to trial to appeals and beyond.
Not exact matches
much like when a country can't divulge highly classified information publicly for obvious economic and military reasons, a professional soccer organization must keep certain things in - house so they don't devalue a player, expose a weakness, provide info that could give an opposing club leverage in future negotiations and / or give them vital intel regarding a future match, but when dishonesty becomes the norm the relationship between cub and fan will surely deteriorate... in our
particular case, our club has done an absolutely atrocious job when it comes to cultivating a healthy and honest relationship with the media or their fans, which has contributed greatly to our lack of success in the transfer market... along with poor
decisions involving weekly wages, we can't ever seem to get true market value for most of our outgoing players and other teams seem to squeeze every last cent out of us when we are looking to buy; why wouldn't they, when you go to the table with such a openly desperate and dysfunctional team like ours, you have all the leverage; made even worse by the fact that who wouldn't want to see our incredibly arrogant and thrifty manager squirm during the process... the real
issue at this club is respect, a word that appears to be entirely lost
on those within our hierarchy... this is the starting point from which all great relationships between club and supporters form... this doesn't mean that a team can't make mistakes along the way, that's just human nature, it's about how they chose to deal with these situations that will determine if this relationship flourishes or devolves..
If the election goes ahead and Sepp Blatter is re-elected, unbelievably, as president of Fifa, will my right honourable friend encourage the home nations to withdraw from Fifa to make a stand
on this
particular issue... and would the Government support them in that
decision?»
With respect to oversight
decisions, there are processes
on the books for probation, but the actual
decision to refer something to the Board is discretionary, relying heavily
on the Director's professional judgment as to whether a
particular infraction merits a frank conversation or raising the
issue to the level of Board attention.
Three
issues, in
particular, have created potential assessment missteps: the heightened rigor of the new content standards, the emphasis
on using assessments for data - driven
decision making, and the practice of pacing instruction.
Carolyn Elefant, a champion of solo and small firms, took
issue with the Above the Law series focused
on failure and suggested that the reason for this
particular law firm's lack of success was due in large part to its rapid expansion and the
decision to suddenly increase overhead in Year 3:
Which
particular issue needs a court
decision and does that mean the parties can't settle the case subject only
on that one
issue?
Thus, while it is reasonable to use the collateral attack doctrine to preclude a later attack
on issues directly related to the
particular regulatory
decision (e.g. the consultation
issues in this matter), the doctrine surely can not be used to require a party to raise
issues «upstream» of the regulatory matter in question (
on the language of upstream in this context see Skeetchestn et al v Registrar of Land Titles, 2000 BCSC 118, aff'd 2000 BCCA 525).
In a very general sense, it means that if a court has already decided
on a
particular legal
issue in one case, the court should follow its
decision on that same
issue in subsequent cases.
(7) The Court of Appeal should not refuse to overturn a
decision on the basis of precedent, or stare decisis, because leave to appeal to the Supreme Court of Canada is not automatic and Canada's highest court can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal
on a
particular issue.
Often, once you have made your preliminary determinations
on all
issues, it is easier to go back and revisit your
decision on a
particular one.
Thus the first item
on Posner's list of recommendations: «Redirect focus of academic scholarship from legal doctrines and
particular decisions to systemic and institutional
issues.»
There are two practice points to take note of from this
decision: (1) even though it is not in the Rules, the Divisional Court has an «administrative practice» that counsel should be aware of that requires leave to file a reply factum, and (2) when a party is drafting their factum, they need to anticipate what the other side might say in response - unless it is a completely «new»
issue raised in response, a moving party
on a leave to appeal motion will not be able to respond to the
particular arguments made by the other side.
It is further thought that it should reduce the amount of forum shopping which currently takes place where one party makes a tactical
decision to
issue proceedings in a
particular court
on the basis that they believe they will receive a more favourable outcome there than in another court elsewhere.
Placing an onus
on the applicant to substantiate the general importance of their
issues in the context of their
particular claim seems like a lot to ask of them, and moreover the assessment by a justice in chambers
on what constitutes a question of general importance or one with a reasonable prospect of success seems like a very subjective assessment from my review of
decisions in this area.
At the very least, in view of the need for clarification of the requirements for an effective public assumption of a private law duty of care, I consider that this is a case in which it should be held that the
particular issue on which proximity turns is not fully settled in the jurisprudence within the meaning of the
decisions cited in paragraph 47 above.
Once a
decision has been made about a
particular candidate
on the basis of a background check result, you may be required to
issue an adverse action notification to the applicant stating the reason for being denied employment.
For clinicians and researchers who are faced with
decisions regarding whether or not to use a specific measure for a
particular purpose, we suggest that the following
issues be considered: (a) the fit of a given measure with its intended use, (b) the length of the measure, (c) the salience of specific strengths and weaknesses of a given measure, depending
on its intended use, (d) the psychometric quality of the measure (including the EBA classification), and (e) the utility of the measure as determined by past research and clinical work.