Sentences with phrase «disputed question as to»

It is a disputed question as to whether or not there is an «actual infinite».

Not exact matches

In a sharply worded press release, a group known as the 9948 Fair Treatment Coalition states that documents it obtained through Access to Information «raise disturbing questions» about the Canada Border Services Agency (CBSA) and the Department of Finance's conduct in the so - called iPod tax dispute.

Any disputes or questions go to the ombudsperson, who also handles miscellaneous tasks, such as changing lightbulbs and fixing the printer.

New Delhi has questioned if China would accept an identical situation in Tibet or Taiwan, or if this is a new phase in Chinese policy with China accepting Pakistan's claims as opposed to the previous stance of viewing Kashmir as disputed territory.

That simple question is often lost among the many controversies facing the ride - services company as it tries to hire a new chief executive and resolve a bitter dispute with the old one, Travis Kalanick.

It would be natural, then, to make Orthodox theological anthropology the overarching theme of the Council and to address all other questions — such as jurisdictional disputes, ecumenical dialogue, and human rights — as embraced in the common Orthodox vision for the renewal of humanity.

In the course of that same history, and in the context of crises posed by philosophical and cultural changes as well as manifest ecclesiastical corruptions, the question of how to determine authentic apostolic teaching came into intense dispute.

Generally defined as «dominating, restraining, or controlling another forcibly,» coercion involves interference with freedom, where «interference» means that the freedom in question is lessened in comparison with what it would have been had the interfering individual or group not acted at all, and this broad designation leaves open to dispute what kinds of interference are immoral.

One also has to question the editorial wisdom of allowing a biography of a famous Supreme Court justice to meander more than 450 pages before its subject even becomes a justice» a long walk through such dusty disputes as the Ballinger «Pinchot scandal and the 1890s battle over Boston's utility rates.

Looking at this side of the ambiguity, we see a church in which many first - world Christians of our day could feel comfortable and undisturbed: a church that lives without question or resistance in a state founded on violence and made prosperous by the exploitation of less fortunate nations; a church that accepts various perquisites from that state as its due; a church where changing jobs for the sake of peace and justice is seldom considered; a church that constantly speaks in the language of war; a church given to eloquent invective in its internal disputes and against outside opponents; a church quite sure that God will punish the wicked.

This book is not the place to debate this question, but I think it is important to point it out as an important dimension latent in the deeper layers of the chance vs. design dispute.

Decisions had to be made from time to time as to where or when services of the church would be held; the church needed to be told of the impending visit of an apostle, or of some prophet or teacher from abroad; a question has been raised as to the good faith of one of these visitors, and there must be some discussion of the point and a decision on it; a fellow Christian from another church is on a journey and needs hospitality; a member of the local congregation planning to visit a church abroad needs a letter of introduction to that church, which someone must be authorized to provide; a serious dispute about property rights or some other legal matter has arisen between two of the brothers and the church must name someone to help them settle the issue or must in some other way deal with it; a new local magistrate has begun to prosecute Christians for violating the law against unlicensed assembly, and consideration must be given to ways and means of meeting this crisis; charges have been brought against one of the members by another member, and these must be investigated and perhaps some disciplinary action taken; one of the members has died, and the church is called on for some special action in behalf of his family in the emergency; differences of opinion exist in the church on certain questions of morals or belief (such as marriage and divorce, or the resurrection), differences which local prophets and teachers are apparently unable to compose, and a letter must be written to the apostle — who will write this letter and what exactly will it say?

As the byelection in Stoke was reaching its final days, the group seemed unsure of what to make of questions surrounding Ukip candidate Paul Nuttall's disputed claim to have been at Hillsborough on the day of the 1989 disaster and admission that claims on his website that he had lost close friends there were untrue.

As a former academic, I appreciate the rigorous process journalists and columnists subject themselves to in order to pursue a question, dispute a proposition or uncover corruption.

The administration was forced to answer some questions on the dispute last week, when state Education Commissioner Chris Cerf testified before the Senate education committee and was asked by state Sen. Diane Allen (R - Burlington), who represents Florence, as to where the state draws the line for placing charter schools.

The number used to annotate a particular transaction made on a cardholder's account that may be used as a reference down the road to obtain more information in the event of a dispute or accounting question.

Watchdog agency steps in Until recently, the question of whether credit bureaus are investigating consumers» disputes as thoroughly as the law requires has largely been left up to juries to decide on a case - by - case - basis.

The security question to authenticate me as the owner of my account related to incorrect information I disputed in 2014.

But be that as it may, in most instances Prosper did return the origination fee in question to the borrower upon dispute.

We would be astonished if Michaels disputed this since he is on record as agreeing that the IPCC climate sensitivity range is likely to be correct and has never questioned the human contribution to CO2 and other GHG increases.

In «Cool It,» Lomborg breezily ticks down a laundry list of high - tech ways to engineer the atmosphere, for example, but punts on the tougher questions related to such planet - scale enterprises — such as the inevitable diplomatic dispute over who sets the planetary thermostat and how blocking the sun does nothing to stem the buildup of carbon dioxide, much of which will stay in the atmosphere for many centuries.

Oreskes, meanwhile, sets the legitimate dispute up as an attempt to smear honest scientists, who had no questions to answer.

So my answer to the first question is that yes, we have seen a plateau or even a decline in the surface temperature recent years, I don't think anyone is actually disputing this, but that Rose cherry picked his start date to make it look as if it has lasted longer than is actually the case.

Disputes over details, it said, reflected the normal intellectual clash that takes place as science tests new approaches to old questions.

Persuasion to the Real Climate point of view is possible only if those who write there, and here, remember that people are suspicious when reasonable questions about disputed science are met by an extraordinary exhibition of affronted pique and wounded amour - propre such as the one above.

From the initial stages of marital separation, to longer - term disputes related to issues such as child custody or support payments, we answer the most frequently asked questions («FAQs») that we hear about marital disputes in Ontario, Canada.»

As Laurens Ankersmit has argued with regard to Investor - state dispute settlement, «the ECJ particularly objects to the establishment of other courts for claims by individuals where questions of EU law are involved, since this is so central to the preliminary reference procedure and the uniform and consistent interpretation and application of EU law».

Secondly, as to the substantive assessment of the dispute, the main issue in this case was the question of whether the applicable market sharing arrangement constituted a restriction of competition by object.

Thus, in divergence to Ronan McCrea's recent arguments as to the weakness of the claim, this post will proceed on the basis that the District Court was justified to refer the questions in order to resolve the dispute before it.

While commercial parties may turn to arbitration as the choice dispute resolution mechanism in its transaction document, parties are advised to be alive to the fact that by adopting certain institutional arbitration rules within the arbitration agreement and conducting the arbitration under the auspices of those institutions, they will be taken to have agreed to waive their right to recourse against the award by way of appeal on a question of law in the context of domestic arbitrations.

Particularly relevant are (besides others) whether: it is proportionate to have separate experts in the light of the amount in dispute, as well as importance to the parties and complexity; there is likely to be a range of opinion; a party has already instructed an expert and whether this was in compliance with a PD or protocol; questions may not conclusively deal with all the issues which will require testing; and whether a conference may be required with the legal representatives, experts and other witnesses which may make instruction of a single joint expert impractical.

Three of the four questions refereed to the Court were declared inadmissible, as they bore no relation to the object of the dispute.

In essence, this dispute can be reconstructed as a disagreement about which constitutional right should drive the interpretation of the Directive and, by implication, the national law implementing it, as well as reviving the question of what should happen in case German constitutional law and EU law came to a real clash.

(Furthermore, a regulatory authority may even hire a barrister to question you, since barristers are often good at that based on their in - court role; or you and the party you are having a dispute with might appoint a barrister as the arbitrator or mediator.)

[2014] IRLR 251, [2014] All ER (D) 52 (Jan)(judgment handed down on 5 November 2013, but embargoed until the conclusion of the hearing proper to avoid prejudice) considers both the issue of when there is a dispute, so as to engage the without prejudice rule, and also the question of the applicability of the «unambiguous impropriety» exception.

If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a «matter of first impression»), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision).5 The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants.

Disputes arise for a myriad of reasons, ranging from a failure of the parties to appreciate and agree on fundamental business terms, such as differences of opinion on specifications or deliverables, to perhaps the more mundane question of whether a notice required by the agreement was... [more]

I am happy to admit that they are important but the question is whether the concepts developed and explored in this book are useful guides to those who have, as students, to understand the law, or who, as practising lawyers, have to make the law work in a world where clients need to have things done for them and disputes resolved.

As a fact, management liability disputes lately tend to address the question whether the corporate supervision of the management was sufficiently diligent.

Since most distribution agreements are between parties in different jurisdictions, or across borders, questions arise as to the proper law governing the contract or issues arising, and which court has jurisdiction over the dispute and the parties.

Represented multiple insurers in disability claims where disputes centered on the question of whether a disability was due to a mental illness or a physical cause, such as traumatic brain injury or «chronic» Lyme disease.

However, although Coulson J's judgment did not deal with the question of costs, he intimated that Mr Dawes had to take some responsibility for both parties issuing proceedings to resolve the dispute, as he had failed to give an early, clear statement of his position on payment when it was requested by Treasure.

For instance, could the US Congress pass a law saying «Wherever ambiguity arises in statutory interpretation, the statute in question shall be understood as to favor the least powerful party in a dispute»?

While we will be featuring posts over the coming days on this award that dissect and analyze the award, its international legal significance, and its larger geopolitical consequences for all claimants to the South China Sea dispute and third - party actors (such as the United States), for now, a close read of all 479 pages of this arbitral award reveals it to be an extremely rich and fertile piece of international jurisprudence, one that will certainly have far - ranging doctrinal impacts as an international judicial decision that is also an authoritative subsidiary means for determination of the international law rules under UNCLOS, especially on questions such as the: 1) normative weight of «historic rights» and differentiating the same from «historic title» and «historic rights short of sovereignty», and clarifying what could still possibly amount to historic rights that States could still validly assert within the UNCLOS treaty regime;

The question is: do the documents in dispute, ie, MSP and Pharmanet, come withing the terms of either Rule 7 - 1 (1)(a), ie, documents that can be used by a party of record to prove or disprove a material fact or that will be referred to at trial or, if not, do they come under category 7 - 1 (11), generally, in the vernacular, referred to as the Guano documents... There is no question that there is a higher duty on a party requesting documents under the second category... that in addition to requesting, they must explain and satisfy either the party being demanded or the court, if an order is sought, with an explanation «with reasonable specificity that indicates the reason why such additional documents or classes of documents should be disclosed», and again, there is no doubt that the new Rules have limited the obligation for production in the first instance to the first category that I have described and has reduced or lessened the obligation for production in general...

As noted above, district court local rules provide fertile grounds for a procedurally focused, Standalone E-memo assignment.111 While any number of procedural questions are possible, two are particularly well suited to this assignment: (1) describing the process for filing un-redacted documents under seal, 112 and (2) describing the timeline and procedure for objecting to a magistrate's order in a discovery dispute.113 These two legal issues work well for a couple of reasons.

Huntsman v Petroplus: multi-million dollar dispute under an agreement for the supply of naphtha and LPG raising issues of construction (including whether the effect of an entire agreement clause is to exclude implied terms under the Sale of Goods Act 1979) and technical questions as to the cause of mercury contamination and whether it was such as to render the products unsatisfactory or unfit for purpose).

If at any time during the currency of this Agreement, or after the termination hereof, any dispute, difference, or question shall arise, or any failure to agree as specifically hereinabove referred to, shall occur among the parties hereto or certain of them, respecting this Agreement or anything herein contained then every such dispute, difference or question or failure to agree shall be referred to a single arbitrator to be appointed by the parties to the dispute within ten (10) days of such referral...

There is also an open question as to whether disputes involving issues of mandatory EU law can be settled by arbitration.

However, as was the case above, if there is a question or dispute regarding a material fact, the court can not grant a summary judgment motion to either side.