Sentences with phrase «disputed facts in this case»

Given the disputed facts in this case, namely whether the landlord had received reports of the dog's dangerous behavior, the case was sent back to the Superior Court for trial.

We can't be sure the client is going to identify all the locations, so the attorney has to be involved in that process and that usually entails interviewing employees at the clients» offices, getting the data map or a network map of the locations of information, understanding the case and where are the disputed facts in the case and where the data may be located that's relevant to the disputed facts in the litigation.

Not exact matches

The court ruling does not dispute the facts presented in the case.

In this case, that's pretty easy to prove: If Ellora's Cave breached its contract with Ann Jacobs by failing to timely pay royalties, that is a question of fact that is common between this action and the DA v. EC dispute.

There is, at the end of the day, very little dispute about many of the most material facts in this case.

Our position was that the Canadian Islamic Congress had not disputed a single fact in my book excerpt, and thus there was no case to answer and we had the right to say what we said.

This decision highlights the importance and appropriateness of summary judgments in cases where the facts are not in dispute.

This motion asks the court to dismiss the case without requiring the defendant to present any evidence, asserting that the plaintiff failed to show that a question of material fact is in dispute.

Every fact and detail of the agreement would be available and traceable in case of further disputes.

I have not found a case that has considered this question in the context of allegations of sexual assault; in fact, there appears to be little case law regarding the enforceability of confidentiality provisions in agreements to settle civil disputes where the underlying facts could also support a criminal prosecution.

Expert witness statements can facilitate case decisions in the face of highly disputed issues and facts Read More >

The Judge concluded the case by pointing out that the dispute demonstrated the range of possible outcomes when parties are calculating Close - Out Amounts, and the wisdom of ISDA making the changes that it did in the 2002 Agreement — NPC illustrated the type of outcome that a party given the role of decision maker and limited only by a requirement of rationality might press for, regardless of the fact of an actual replacement transaction.

While I am a U.S. attorney, the U.K. and U.S. are essentially the same on these issue in practice: «reasonable wear and tear» is a classic issue of fact to be decided by the judge (unlike the U.S. there are never juries in U.K. landlord - tenant disputes) based upon the evidence presented to him and his or her good judgment if the case goes to court.

In other words, assuming all disputed facts fall in favor of the non-moving party, the moving party still would win the casIn other words, assuming all disputed facts fall in favor of the non-moving party, the moving party still would win the casin favor of the non-moving party, the moving party still would win the case.

That settlement is good is hardly news: according to the authors of the study somewhere between 80 and 90 percent of cases in fact settle; but the study hopes to raise questions about the reasons for going to trial in the 2054 disputes studied.

This point is convincing, given the fact that, as the authors point out, the jurisprudence lacks finality in a very real sense: in access to documents cases, EU courts can not serve the institutions injunctions to disclose documents that are subject of the judicial dispute (pp. 7 - 8).

The court discharged the freezing order having found, on the facts, that it should not exercise its jurisdiction because Mobil could not demonstrate that: PDVSA's conduct in relation to the assets was unjustified, ie a risk of dissipation; the case was one of urgency; there was a connection between the dispute or the parties and this jurisdiction (there was never any suggestion of fraud); or that PDVSA had assets in the jurisdiction.

Basically, facts that are not in dispute (either because the parties agree upon them or because application of the law to the facts dictates a particular result) are presented to the court, and then the court must decide if the case can move forward.

If, however, you were convicted, and the Court found that you knew that the victim hadn't died at the time of trial, but you did not raise the fact that the victim wasn't dead, it isn't clear if you could have the original conviction vacated because it was a fair trial and you knew evidence sufficient to get yourself acquitted (which you may have refrained from presenting to avoid conviction on a lesser charge like kidnapping or aggravated assault), and the status of an «actual innocence» grounds for vacating a conviction after trial is hotly disputed, conservatives like the late Justice Scalia generally say «no», liberals generally say «yes», moderates like to say «yes» but make it almost impossible to establish except in rare cases like one where a live person walks in when there was a murder conviction for killing that actually living person.

Moreover, in the grey area close cases (and the grey area is quite large) a particular fact pattern could easily be resolved either way by different fact finders, even if there is absolutely no dispute regarding the facts of the case.

However, in the instant case it was clear on the facts that such a dispute existed.

It appears that in this case, there wasn't much dispute as to the facts (still, as a customer, where do you get the information as to the number of missed calls?)

A typical case: facts are in dispute, records are inconclusive or records do not exist and everything depends on the word of witnesses who will not even be heard until trial.

South Carolina Code § 63-3-810 (A)(1) allows the family court to appoint a guardian ad litem in a private custody case when «without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem.»

In the trial process, Caitlin participates in case strategy, motion practice, fact and expert discovery, and alternative dispute resolutioIn the trial process, Caitlin participates in case strategy, motion practice, fact and expert discovery, and alternative dispute resolutioin case strategy, motion practice, fact and expert discovery, and alternative dispute resolution.

Mr. Nelson has practiced in federal courts all across the United States, and his litigation experience involves all aspects of litigation from pre-litigation analysis and negotiation through jury trial, including managing discovery and disputes, taking and defending depositions, selecting and preparing fact and expert witnesses, preparing and arguing dispositive and non-dispositive motions, preparing and arguing claim construction positions and briefing, and developing case strategies regarding the infringement, validity, and enforceability of patents.

The court clarified that committees could not decide disputed issues of fact, and that a «prima facie» case as to what happened meant a case for allegations which, if believed, would be sufficient to justify a verdict, in the absence of an answer from the registrant.

However, the extent to which that is, in fact, the case has been a subject of dispute among academics and legal commentators.

«This sort of thing has happened to me before in the sense that while you're disputing something with the Canada Revenue Agency, either a case gets decided or an argument arises or the facts of your clients change in a way such that it becomes advantageous to make an argument that hadn't been made before,» he says.

However, when you are in a dispute, my strategy for your case will be based on a rational assessment of the law and facts.

I've seen many cases in which employees have successfully disputed the employer's characterization of their dismissal as being for misconduct and been awarded benefits after the fact.

When disputes inevitably arise, our attorneys are experienced in reviewing and interpreting contracts terms, and applying those terms to the facts of the case.

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

Anita has a particular interest in cases that involve an international element, parental hostility, or where the complexity of allegations, or the nature of dispute necessitates a Fact Finding hearing.

The factum summarize the facts of the case, the issues in dispute, and the law being relied upon (with the addition of «overview» and «relief sought» sections at the beginning and end of the factum,... read more

The facts of the case were in dispute, and three witnesses testified to quite different versions of what happened in the moments leading up to the fatal truck accident.

[2] To be relevant, the proposed testimony must be «sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute.»

Without common discovery (the process by which both sides are afforded the opportunity to examine all evidence pertaining to the case), parties to arbitration may not have access to all the facts that could help in resolving the dispute.

It would only be in an exceptional case that an application to an employment tribunal will be struck out as having no reasonable prospect of success when the central facts are in dispute.

In the present case there were clearly facts in dispute and the most efficient disposition would have been to consolidate Arnold's application with the pending proceedingIn the present case there were clearly facts in dispute and the most efficient disposition would have been to consolidate Arnold's application with the pending proceedingin dispute and the most efficient disposition would have been to consolidate Arnold's application with the pending proceedings.

The classroom component typically addresses such skills and topics as: client interviewing and counseling, case evaluation, legal research, fact investigation, drafting documents and correspondence, motion practice, discovery, negotiation, alternative dispute resolution, procedure, case management, law office management, the use of computer technology in the law office, and professional responsibility and ethics.

The form of special case was settled by the court at a judicial management conference, but counsel for the Appellants refused to sign the statement of special case because of the extensive disputed affidavit evidence that, by then, had clearly demonstrated that the parties were not in agreement with respect to the facts.

Third, the national court had to look at the facts of the case concerned and, in particular, «the subject matter of the two disputes» in the two relevant proceedings to see if the two legal entities were to be regarded as «the same party» for the purposes of Art 21/27.

It is perhaps curious that the only reported case on this is the old one of Cresswell v Board of Inland Revenue [1984] 2 All ER 713, [1984] IRLR 190, but the facts of that case make the point well — the civil servants in dispute were obliged to accept reasonable adaptations to change from quill pen clerks to computerised clerks, in order to keep up with new technology.

As fact intensive as the opinion is, it may be difficult to rely upon this case in the future, simply because future disputes can be readily distinguished from the set of facts presented in Ervin.

Fact: «Large scale studies show that sexual abuse allegations occur in only 2 percent of all disputed custody and access cases.

This fact sheet provides information for people who have not reached an agreement about their child / ren, who are involved in a case in the Family Court of Australia or the Federal Circuit Court of Australia and the Court has ordered that a Child Dispute Conference be conducted by a family consultant.

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 (sin «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 (sIn 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 (sin 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 (sin 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 (sin this dispute, side with Mr. Dale more so than with TREB and CREA for the following reason (s):

Therefore, the court reversed the rulings in favor of Duemeland on the defamation claims and sent the case back to the trial court to resolve the fact dispute involved with the defamation claims.

The ethics proceeding may arise from the same facts that give rise to an arbitration but involve the vindication of an entirely different set of interests; in the case of arbitration, the interests of the parties to the transaction in dispute; in the case of ethics, the interests of the Association in the protection of the public trust, confidence, and reliance that it has placed in REALTORS ®.