Sentences with phrase «established facts and law»

Not exact matches

Graham and Whitefield were both products of a culture that assumed Christianity's established status, either by fact or by law (or both, in Whitefield's England).

In fact it is more likely that evolution can continue indefinitely (within the parameters established by the laws of thermodynamics), and for all we know, the present moment may still be very early in the full unfolding of the universe.

Wilson bristles at the example - and yet it appears that he still hasn't taken hold of the point: the fact that 95 percent of the people in the country «loved their children» would still not establish why the law is justified in protecting those children at the hands of those parents.

On the other hand, God must so act in the interests of both the self and all others as thereby to establish the cosmic order of natural law that sets the optimal limits of all other action, where by «optimal limits» I mean limits such that, were they to be set otherwise than they are, the ratio between opportunities for good and risks of evil would be less rather than more favorable than it in fact is.

The fact that established law, created under the Clinton administration was upheld, and how it applies to «persons» and corporations who can be legally identified as «persons» are what we are talking about.

Has a religion that wishes to control government, laws and public policy been established from that fact?

Acting leader Vince Cable said it was «essential» to establish the facts and for anyone that has broken the law to face the consequences of their actions.

Education law, as summarized by the New York State School Boards Association and the New York State Bar Association, says the burden of proof rests on the entity or person who challenges vote results to establish facts that would justify invalidating results.

We were told, in a written response «once all necessary documents in the established removal process are filed» they will review the record as quickly as possible and allow «for a thorough and complete consideration of the facts and relevant law.»

But even if the bill becomes law and the research established fact, just how hard will it be to police the Net from day to day?

There were many problems, the foremost of which was the fact that there were no established leasehold laws or precedents, and several laws had to be passed for this project to happen.

Article 56 TFEU requires not only the elimination of all discrimination against providers of services on grounds of nationality or the fact that they are established in a Member State other than that where the services are to be provided, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less advantageous the activities of a provider of services established in another Member State where he lawfully provides similar services (Case C ‑ 475 / 11 Konstantinides [2013] ECR, paragraph 44 and the case - law cited).

And when a factual scenario presents novel or troublesome facts that seem not to fit established law, students are taught to engage in rule synthesis.207 In other words, the legal writing classroom is rich with opportunities to practice deduction and induction in ways that incorporate both theory and practical applicatiAnd when a factual scenario presents novel or troublesome facts that seem not to fit established law, students are taught to engage in rule synthesis.207 In other words, the legal writing classroom is rich with opportunities to practice deduction and induction in ways that incorporate both theory and practical applicatiand induction in ways that incorporate both theory and practical applicatiand practical application.

Notwithstanding the fact that the employee likely did not have the «right» to take the time off to care for his children under the Ontario Employment Standards Act, 2000, the law is clear that: (a) the ESA establishes certain minimum standards only, and (b) the Human Rights Code does, very clearly, contemplate one's «family status» as a protected ground.

Polls have at various times established that not just a quarter, but up to 40 per cent of US lawyers want to leave their profession; and whereas British lawyers are only just waking up to the fact they are miserable and want to die, their American counterparts have been alert to it since 1989, which saw the publication of Deborah Arron's Running From the Law: Why Good Lawyers are Getting Out of the Legal Profession.

It also makes clear that the criteria established in preceding case - law are mere guidelines which interrelate and have to be discussed against the background of the respective facts of each individual case.

So, ignoring the every day English language meaning of the words, is there in fact a clear and precise definition of «assault» (in which case some sources are simply using it incorrectly), or do I just need to accept that there is confusion, even within the law itself, and rely on context to establish in any given instance which meaning is meant?

As the law now stands, according to Imerman, it is a well established fact that there is a right to privacy and confidence enshrined in the English law.

Whilst the case does not in fact establish any new case law, it serves as a compelling reminder that the mutual trust and cooperation obligation does not require parties to act any differently under NEC3 than with other forms of construction contracts and should not be held as an axe to discourage a party in circumstances where it may have a valid claim.

For civil law purposes, an excuse of self - defence based on non-existent facts that were honestly but unreasonably believed to exist has to fail; the belief has to have been reasonably held, and it may be that even that will not suffice to establish the defence.

The fact that Mrs. Alonso was established in UK, was familiar with the aforementioned law and had previously helped almost 200 clients in the same situation reassured Mr. and Mrs. Maby needed to trust Mrs Alonso and her team.

This makes them quite different from normal appeals, which involve cases that arise out of specific concrete circumstances, that come with a context that has been judicially explored by the lower courts, that have an established set of relevant facts that have been tested through an adversary process, and that are essentially retrospective, arriving at general and abstract questions only as they emerge from those concrete fact and law circumstances.

The lawyers at Preszler Law in Vancouver will piece together the facts of your injury and consult with the best medical experts to establish firm ground that leads to a timely, fair and just settlement.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

As reported on our Local Government Law blog, the Court of Appeal reined in the effect of the Supreme Court decision, pointing out that it merely endorsed established principles and provided an illustration of their application to the facts of that case.

The suggestion that the beneficial quality of appellants» proposed construction is established by the fact that the construction would have been consistent with applicable zoning laws ignores the development in sensibilities and ideals reflected in landmark legislation like New York City's.

The Chief Commissioner reached the opposite conclusion, but the Court of Appeal found he relied upon facts and reasoning extraneous to the established law.

As explained by counsel in that case, Mark West, in 2011 Civil Justice Quarterly 367, Hobhouse J had in fact been shown a «considerable volume of authority» which, in short, established and confirmed that common law counts for money had and received were actions upon the case, and were expressly accorded a six - year period (as were actions of account) by the terms of s 3 of the Limitation Act 1623.

Although the mere fact that the impugned legislation takes into account the claimant's traits or circumstances will not necessarily be sufficient to defeat a s. 15 (1) claim, it will generally be more difficult to establish discrimination to the extent that the law takes into account the claimant's actual situation in a manner that respects his or her value as a human being or member of Canadian society, and less difficult to do so where the law fails to take into account the claimant's actual situation.

The fact that the majority of population can not obtain legal services at reasonable cost will eventually result in these solutions: (1) the Ontario government establishing a competing string of law offices providing legal services at cost, thus reducing the law society's monopoly over the provision of legal services; and, (2) the right to legal services at reasonable cost becoming a constitutional right.

[1] Before that, many law colleges were focused on shaping the «self», whereas, the new university curriculum «emphasized testing and criticizing beliefs in order to build up a body of well established «facts» that are supported by a true understanding of the principles according to which things work».

The claimants submitted, inter alia, that the orders: (i) had been made without any prior consultation as to the principle, relying upon the common law duty to act fairly and / or the doctrine of procedural legitimate expectation; and (ii) were irrational on the basis that the reasons which had been put forward by the defendants in justification of the decision were inconsistent and contradictoryDyson LJ: The fact that, when conferring on the lord chancellor the power to prescribe court fees, parliament had decided whom he should consult before doing so, militated strongly against the idea that there should co-exist a common law duty to consult more widely (in the absence of a clear promise by the lord chancellor that there would be wider consultation and in the absence of any clear established practice of wider consultation).

The «systems integrity» of such large and complex ERMSs as is Rogers system, requires in fact but not yet in law, certification of compliance with established, authoritative standards such as the National Standards of Canada for ERMSs or with those of the International Organization for Standardization (the ISO).

«Nowadays, district judges are often required not only to decide the outcome of a case but also to tease out from the parties the issues, then establish the facts, ascertain the area of law involved and then determine the outcome following statue and common law.»

Other government officials generally have only «qualified immunity» which means that they have liability if they intentionally violate clearly established law, which basically means that there is a binding judicial precedent governing the facts and circumstances at issue.

The facts in each case were simple and the law well - established, but the judgments provide a refreshing reminder of what constitutes negligence on the part of an individual.

Human Resource Specialist (1998 — 1999) • Oversee compliance with all state and federal regulations, labor laws, and company policies • Assist employees with questions regarding compensation, benefits programs, duties, and disciplinary measures • Review disciplinary reports for compliance with established regulations and mediate employee reviews and conflicts • Prepare supporting documentation and present facts for unemployment and EEOC claims

(c) if the native title rights and interests asserted are capable of recognition by the common law then the facts necessary for the recognition of those rights and interests by the common law are established.

City One Real Estate, LLC v. 535 Carlton Avenue Realty Corp. (300 A.D. 2d 337)-- broker established its entitlement to judgment as a matter of law on two separate contracts by submitting a copy of the leases between landlord and its tenant wherein landlord promised to pay broker $ 50,000 for its brokerage services; landlord and tenant failed to come forward with evidence sufficient to raise a triable issue of fact as to their claim that they collectively owed the broker only one $ 50,000 commission for services in connection with leasing the two premises.

R.R. Ragette, Inc. v. D'Incecco (17 A.D. 3d 436) broker established its entitlement to judgment as a matter of law by demonstrating that it earned its commission by procuring a buyer who was ready, willing and able to purchase seller's property in accordance will the seller's terms; seller failed to raise a triable issue of fact; judgment for broker affirmed.

Town & Country Southampton, Inc. v. Grey (299 A.D. 2d 541)-- to recover a commission, a broker must establish that he or she is duly licensed, that he or she has a contract, express or implied, with the party charged with paying the commission, and that he or she was the procuring cause of the sale or lease; broker's unsupported and conclusory allegation of bad faith failed to raise triable issues of fact where defendant's made prima facieshowing of entitlement to judgment as a matter of law on the ground that neither the broker or its agent was a procuring cause of the lease.