Sentences with phrase «fact and law arises»

Hume begins with the empirical doctrine that all knowledge of fact and law arises in experience.

In fact, provincial commissioners have the power to decide all questions of fact and law arising in the course of an inquiry.

Not exact matches

Leaving aside the fact that unsuitable ministers might also be elected democratically and that it is also possible for the people to influence the appointment of ministers without this being laid down by law, the ques - tion arises how this election is to be effected.

The first accurate measurement of G was not made, in fact, until 1797, more than a century after the discovery of the law of gravity, and it arose from a classic experiment performed by the English nobleman Henry Cavendish.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

Our problem of unequal treatment arises from the fact that subsequently these interpretations are often only applicable to and thus relevant for the Member States, because the Court then «disapplies» the Convention for cases involving EU secondary law and the EU institutions, as you correctly state.

The trusted Chicago civil litigation defense attorney professionals at Lipe Lyons Murphy Nahrstadt & Pontikis law firm are professional and knowledgeable in understanding the details, facts, complications, and circumstances that arise in a Chicago civil case.

A Fairfield County elder law lawyer is professional and knowledgeable in understanding the details, facts, complications, and circumstances that arise in a Fairfield County elder law and advocacy case.

50 That case - law arises from the fact that certain types of coordination between undertakings can be regarded, by their very nature, as being harmful to the proper functioning of normal competition (see, to that effect, in particular, judgment in Allianz Hungária Biztosító and Others (EU: C: 2013:160) paragraph 35 and the case - law cited).

Groia is seeking to have Wardle recused from that panel because as Canadian Lawyer reports, ««There is a reasonable apprehension of bias arising from the fact that partners and associates at Mr. Wardle's firm, Wardle Daley Bernstein LLP, regularly represent the Ontario Securities Commission as prosecutors and are closely involved in proceedings at the OSC and that Wardle LLP also regularly represents the Law Society of Upper Canada as prosecutors in discipline proceedings,» wrote Groia's counsel, Earl Cherniak, in a June 5 notice of motion.....

There is a substantial body of case law on whether prosecution for a crime with elements A, B, and C bars prosecution for a crime with different elements arising from the same facts and circumstances (e.g. if acquittal of a lesser included offense whose elements must all be proved to convict on the more severe offense provides double jeopardy protection), that wouldn't be directly applicable in my alternative scenario because the offense tried the first time and the second would have exactly the same elements.

(2) A person referred to in subsection (1) has exclusive jurisdiction to exercise the powers conferred upon him or her under this Act and to determine all questions of fact or law that arise in any proceeding before him or her and, unless an appeal is provided under this Act, his or her decision thereon is final and conclusive for all purposes.

The HPRB's exclusive jurisdiction extends to «all those matters and questions of fact, law and discretion arising or required to be determined in a review or an investigation and disposition under this Part.»

In order for judgments to be regarded as at risk of being irreconcilable within the meaning of Article 6 (1) of Brussels I, it is not sufficient that there be a divergence in the outcome of the dispute, but that divergence must also arise in «the same situation of fact and law».

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.

To quote Alice Wooley's article: «A good argument is one based in existing precedent or statute, or plausible statutory or constitutional interpretation, and posting the sorts of facts that will arise under the law, should at least raise this chance of success to 30 or 40 %.»

For example, Mayo Moran's analysis of the interrelation of public and private law would be more useful to the practising lawyer if she had addressed the inconsistencies arising from the fact that in some situations the common law goes merrily on its way, oblivious to the fact that there exists an almost consistent rejection of the common law in statutory provisions.

30 (1) The Hearings Tribunal has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it and the action or decision of the Hearings Tribunal thereon is final and conclusive for all purposes.

The examinations at my law school were composed of novel fact situations and related questions arising out of such facts.

Rather, if the judgment reflects the current state of the law on s 14A, then the state of the law would appear to: (a) conflate the occurrence of damage with the occurrence of a right to bring an action for damages; (b) conflate mere knowledge of damage with knowledge of necessary, relevant facts about that damage; and (c) render of no effect the essential element of s 14A (7) that the hypothetical action to be instituted by the reasonable claimant is an action for damages, and not some other remedy arising from the breach.

To explain how this arose, some further facts are needed: the Bank's case is that Mr Ablyazov (the judgment debtor, subject to a worldwide freezing order) and his son - in - law Ilyas Khrapunov (the third party) hatched a conspiracy in the jurisdiction in about 2009.

The move, led by chief information officer Haig Tyler, coincides with the 2294 - lawyer international law firm rolling out a distributed version of Aderant Expert to bypass the performance issues naturally arising from the fact that its offices, particularly Australia and London, are so far from one another.

In fact, a significant portion of ethical complaints against lawyers arise in three contexts related to law practice organization: client communication, handling of money, and conflicts of interest.

The trusted Chicago commercial defense attorney professionals at Lipe Lyons Murphy Nahrstadt & Pontikis law firm are professional and knowledgeable in understanding the details, facts, complications, and circumstances that arise in a Chicago commercial case.

1.42 (1) Subject to subsection (2), the Tribunal has exclusive jurisdiction to exercise the powers conferred on it under this Act and to determine all questions of fact or law that arise in any proceeding before it.

39 The Tribunal has the jurisdiction to exercise the powers conferred on it by or under this Act and to determine all questions of fact or law that arise in any application before it.

«There is a reasonable apprehension of bias arising from the fact that partners and associates at Mr. Wardle's firm, Wardle Daley Bernstein LLP, regularly represent the Ontario Securities Commission as prosecutors and are closely involved in proceedings at the OSC and that Wardle LLP also regularly represents the Law Society of Upper Canada as prosecutors in discipline proceedings,» wrote Groia's counsel, Earl Cherniak, in a June 5 notice of motion.

In that decision, the Supreme Court held that, except in the exceptional case where a question of pure law arises, the interpretation of a contract is a question of mixed fact and law.

FN4 AAR argues that notwithstanding the statute's explicit saving of contract claims, courts have stated that «common law claims» arising out of the same operative facts as a trade secret claims are preempted, and that contract claims are common law claims, so contract claims must be preempted.

Add to that the fact that many lawyers simply do not enjoy spending large amounts of time pouring over case law and textbooks, and are more than happy to turn the task over to a specialist when the need arises.

The ALRC observed that the central difficulty for proof of traditional laws and customs presented by the rules of evidence arises from the distinction between matters of fact and matters of opinion.

A basic difficulty arises from the fact that, under some laws, Aboriginals have to prove the religious significance of sites and their importance; partly this is difficult owing to different approaches by different Aboriginal groups to sacred sites and to the fact that knowledge of the sites is restricted to a few gender - specific individuals and partly it conflicts with some Aboriginal values and customs, including the importance given to secrecy.

the referral of discrete issues of fact or law arising in the context of NNTT mediation to the Federal Court for determination pursuant to ss.86 D and 136D (1) of the Act (see also Division 3 of Order 78 of the Federal Court Rules),