Sentences with phrase «fact and law rather»

Dominion argued that the reasoning in Intact should not apply because it involved a question of mixed fact and law rather than a pure question of law.

The Court of Appeal finds the Applicants» grounds are, «at best», questions of mixed fact and law rather than questions of jurisdiction or points of law alone.

Not exact matches

Rather, we want the law to help educate people about what is contrary to the natural law, and it is a happy fact that a majority consent to this.

Rather than postulate a supreme being, one could suggest that a particular universe with OUR set of physical laws might in fact allow itself to become conscious, by making it possible for biologic beings to develop and allowing it ALL over our particular Universe.

Through a series of brief questions at the end of his book, Sigmund invites liberation theologians to seek ways of fusing capitalist market «efficiency» with the «preferential love for the poor,» to consider how private property is not always oppression but may in fact free people from it, to develop liberalism's ideal of «equal treatment under the law,» to nurture the «fragile new democracies» in Latin America, and, finally, to develop «a spirituality of socially concerned democracy, whether capitalist or socialist in its economic form,» rather than «denouncing dependency, imperialism, and capitalist exploitation.»

The mere fact that this law is applicable also to Jams, Buddhists and Sikhs clearly shows that from the beginning it should have been called Civil Code rather than Hindu Code» He adds, that it is not based on any Hindu Scriptures but on «modern concepts and progressive values and is applicable to all citizens irrespective of religion».

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 MTGP Coordinator Danielle Breck stated that «The Montana Green Party has repeatedly shown, through our various petitioning efforts, that we do, in fact, have the «modicum of voter support» the law requires and that our candidates are not «frivolous,» but rather provide an important alternative to pre-selected, unresponsive, corporate controlled candidates offered by the two - party oligarchy.

Rather than claim a method of administering certain novel drug dosages, Prometheus chose to instead claim and assert a method that recited old steps and thinking about the FACT (law of nature).

Eating a diet full of Ho - Hos and Ding - Dongs is a rather lousy recommendation, but it highlighted the absolute fact (excuse me, LAW) that it is truly about the calories.

... the Feinberg recommendations are still rather weak sauce, especially in light of the fact that it still keeps in place state laws and processes that make it almost impossible for school and district leaders to fire teachers who don't belong in classrooms.

Northeast Charter Schools Network Connecticut State Director Yam Menon said, «Despite the fact that public charter schools in Connecticut provide high quality educational opportunities and families are demanding them in unprecedented numbers, the latest rankings from the National Alliance for Public Charter Schools show that our law continues to inhibit, rather than spur, these very opportunities.

While Gov. Andrew Cuomo is threatening to both the Big Apple and the AFT to propose a law allowing the state education department unilaterally put the new evaluations in place, the fact that the AFT's Big Apple and Empire State affiliates are among the most - influential donors to state legislators (including Senate Majority Leader Dean Skelos) makes Cuomo's threat a rather empty one.

With 755 horsepower the 2019 Chevrolet Corvette zr1 is the most powerful Corvette ever it's also the most technologically advanced behind me are the rolling s's at Road Atlanta and we're here to see if we can reach to the supercar levels of performance afforded by this thing's massive power big tires and the tall wing on the back after that we'll take to the streets to see if a car this powerful can behave itself in public this is a monster of a car I've had some brief track opportunities moving this morning to get used to the pace of this machine which is phenomenal we're gonna warm up as we get out to the road Atlanta and sort of build up to the pace that this car can operate at now initially when you hop in this car you have this shrine to the engine right above you you see the line of the hood it kind of dominates the center of the view you can see over it it doesn't affect visibility but it's immediately obvious and that kind of speaks to what makes this car special it's a monster of an engine listen to that [Music] that is tremendous tremendous acceleration and incredible power but what I finding so far my brief time here at the Atlanta is that everything else in the car is rut has risen to match hurt me while I lay into it on the back straight look you know 150 mile - an - hour indicated we're going to ease up a little bit on it because I need to focus on talking rather than driving but like I was saying the attributes of the rest of the car the steering the braking capability the grip every system of this car is riding to the same level of the power and I think that's what makes it really impressive initially this is undoubtedly a mega mega fast car but it's one that doesn't terrify you with its performance potential there's a level of electronic sophistication that is unparalleled at this price point but it's hard not to get you know totally slipped away by the power of this engine so that's why I keep coming back to it this car has an electronically controlled limited slip differential it has shocks filled with magnetically responsive fluid that can react faster to inputs and everything this car has a super sophisticated stability control system that teaches you how to drive it quick but also makes you go faster we haven't even gotten into exploring it yet because the limits of this car are so high that frankly it takes a while to grow into it but [Music] I think what's impressive about this car is despite how fast it is it is approachable you can buy this car to track dates with it and grow with it as a driver and as an owner I think that's a really special [Music] because you will never be more talented than this car is fast ever unless you are a racing driver casually grazing under 50 miles an hour on this straight okay I'm just going to enjoy driving this now [Music][Applause][Music] this particular Corvette zr1 comes with the cars track performance package a lot of those changes happen underneath the sheet metal but one of the big differences that is immediately obvious is this giant carbon fiber wing now the way this thing is mounted is actually into the structure of the vehicle and it makes you know loading the rear hatch a bit more difficult but we're assuming that's okay if you're looking for the track performance this thing delivers also giving you that performance are these Michelin Pilot Sport cup tires which are basically track oriented tires that you can drive on the street but as we wake our way to the front of the thing what really matters is what's under the hood that's right there's actually a hole in the hood of this thing and that's because this engine is so tall it's tall because it has a larger supercharger and a bunch of added cooling on it to help it you know keep at the right temperature the supercharger is way larger than the one on the zo six and it has a more cooling capacity and the downside is it's taller so it pops literally through the hood the cool thing is from the top you can actually see this shake when you're looking at it from you know a camera from the top of the vehicle this all makes for 755 horsepower making this the most powerful Corvette ever now what's important about that is this not just the power but likewise everything in the car has to be built to accommodate and be able to drive to the level of speed this thing can develop that's why you had the massive cooling so I had the aerodynamics and that's why I had the electronic sophistication inside [Applause] we had a lot of time to take this car on the track yesterday and I've had the night to think about things Matt today two crews on the road and see how this extreme performance machine deals with the sort of more civil minded stuff of street driving the track impressions remain this thing is unquestionably one of the most capable cars you can get from a dealer these days a lot of that's besides the point now because we're on the street we have speed limits they have the ever - present threat of law enforcement around every corner so the question is what does this car feel like in public when you slow this car down it feels like a more powerful Corvette you don't get much tram lining from these big wheels though we as the front end doesn't want to follow grooves in the pavement it is louder it is a little firmer but it's certainly livable on a day to day basis that's surprising for a vehicle of this capability normally these track oriented cars are so hardcore that you wouldn't want to drive them to the racetrack but let's face it you spend more time driving to the track than you do on the track and the fact that this thing works well in both disciplines is really impressive I can also dial everything back and cruise and not feel like I'm getting punished for driving a hardcore track machine that's a that's a really nice accomplishment that's something that you won't find in cars that are this fast and costs maybe double this much the engine in this car dominates the entire experience you can't miss the engine and the whole friend this car is sort of a shrine to it the way it pops out of the hood the way it's covered with coolers around the sides it is the experience of this car and that does make driving this thing special and also the fact that it doesn't look half bad either in fact I think it has some of the coolest looking wheels currently available on a new car this car as we mentioned this car has the track package the track package on this car gives you what they call competition bucket seats which are a little wide for my tastes but I'm you know not the widest person in the world this automatic transmission works well I mean there's so much torque again out of this engine that it can be very smooth and almost imperceptible its clunky on occasion I think I'd might opt for the manual although Chevy tells me about 80 % of its customers will go for the automatic I don't think they're gonna be disappointed and that's gonna be the faster transmission drag strip on the street - and on the racetrack man it was a little bit more satisfying to my taste though we've talked about the exhaust I have it set in the track setting let's quiet it down a little bit so you can hear the difference now I've set that separately from everything else so let's put it stealth what happened to the engine sound that's pretty that's pretty amazing man stealth is really stealth and then go back to track Wow actually a really big difference that's that's pretty great the Corvette has always been a strong value proposition and nowhere is that more evident than this zr1 giving you a nearly unbeatable track performance per dollar now the nice thing is on the road this doesn't feel like a ragged edge track machine either you could genuinely drive it every day the compromises are few and that's what makes this car so special if you like what you see keep it tuned right here and be sure to visit Edmunds.com [Music]

Although it pains me to massage your ego in this way, I do feel you ought to take more responsibility to research facts (as they are) rather than just regurgitate disinformation (as the oil companies want you to)... Those who warn of serious environmental consequences for planet Earth if humankind does not radically change its ways are not trying to spoil anyone's fun or freedom; they are merely pointing to the truth of the Second Law of Thermodynamics (i.e. that energy can not be created nor destroyed) and the reality of Entropy (i.e. that energy conversion leads to increasing disorder in the Universe).

Because the temperature gradient in a planet's troposphere is the state of thermodynamic equilibrium which the Second Law of Thermodynamics says will evolve, the planet's supported surface temperature is autonomously warmer than its mean radiating temperature, so warm in fact on Earth that we need radiating gases (mostly water vapour) to reduce the gradient and thus cool the surface from a mean of about 300K to about 288K, this being confirmed by empirical evidence (as in the study in my book) which confirms with statistical significance that water vapour cools rather than warms, all these facts thus debunking the greenhouse conjecture.

The reductive dimensions of this on - going process struck me as the way in which we are now training law students to «handle» the «facts» to which they'll «apply the law» as if they were going to spend their professional lives taking and re-taking the Bar Exam rather than helping their clients secure a relatively predictable future (the transactional lawyers) or resolve conflict without the bitter aftertaste of injustice in their mouths.

Another law professor named Rakhi Ruparelia said she was stunned by Judge Watt's «disrespect» in the Flores decision, and believed he was «trying to titillate and entertain with his writing rather than offer a careful and appropriate consideration of the facts.»

Rather, everyone understands that such practices are de rigueur because the senior folks are simply way too busy handling other senior - level tasks to undertake the very time - consuming process of researching all of the relevant facts and legal issues pertinent to a judicial opinion, legal brief, or law journal article, and crafting all that raw material into persuasive prose.

The fact that some lawyers lack the ability to appreciate these rather obvious subtleties of the English language is not the failure of the law society, but rather indicative of either a generalized aversion to the regulator engaging in any form of change management, or possibly the concern that a lawyer's personal and potentially reprehensible would come under scrutiny.

It makes unnecessary the two step analysis of the applicability of provincial laws suggested by s. 88 of the Indian Act, RSC 1985, c I - 5 (at least so far as provincial laws are claimed to apply to «Indians» rather than «lands reserved») and the Court's decision in Dick, [1985] 2 SCR 309 — in fact we don't need s. 88 any longer since there are no longer any inapplicable provincial laws that need to be made applicable by operation of a federal statute.

While, as I've said many times before, the concepts in electronic discovery are straight - forward and EDD should be seen as evolutionary rather than revolutionary, the details, the tools, the practical questions, and the application of law and rules to specific facts can be confusing, complicated and challenging.

Rather than writing the facts and throwing the law on top of it, try to express your client's position in a fresh, clear way — this, perhaps more than anything else, will persuade the judge and bring you back to a state of flow in legal writing.

Family law is a unique species of civil law for many reasons, but primarily because of: the frequency with which disputes brought to court concern social, psychological and emotional issues rather than legal; the almost complete absence of circumstances in which a specific legal conclusion invariably and inevitably results from a particular set of facts; and, the range of other areas of the law that may be concurrently applicable, such as contracts, tax, conflicts, real property, negligence, torts and trusts.

The time to address the debt is before students start law school and take on debt, rather than after the fact.

Rather, the judgment develops and adapts existing case law, applying it to unusual facts.

In applying the criteria laid out by the Court, the AG pays little attention to the fact that the tribunals are set up by an international agreement rather than through domestic law, to the ad - hoc nature of ISDS, and to the long - held criticism that ISDS arbitrators lack the basic judicial safeguards for judicial independence.

[1] The appellant's core submission is that in finding that she was a partner in the respondent law firm, rather than an employee, the trial judge gave insufficient consideration to the fact that her work was controlled by the partner whose clients she served and that she was dependent on the firm for her work.

For example, statements of opinion are not actionable and many of the alleged falsehoods in the McLibel case would be considered to be statements of opinion in U.S. law rather than statements of fact.

The litigation process for VMLO has become exclusively focused on building a case rather than taking care of Opponent; to steer the Judge in just following the facts and state the law — this is the golden rule in courts.

Exams don't test the depth of your understanding, but your ability to spot issues and in a rather superficial fashion apply the law to the facts presented.

In each of these situations the relevant human rights code is engaged not because of the nature of the legal relationship, or the fact that there were two legally distinct and identifiable parties at common law, but rather because the claim related to an area of activity covered by the Code and the claimant was able to show a nexus or link between him or herself, the social area and the allegedly discriminatory treatment.

What is interesting in the Opinion is not the fact that the electronic storage of client files was permitted as long as lawyers and law firms «take competent and reasonable steps to assure that the client's confidences are not disclosed to third parties through theft or inadvertence» or that «reasonable precautions» was the standard that was set forth; but rather that the ethics opinion specifically approved the manner in which the remote access could occur:

Law school rather teaches students to think like law professors — the extent to which this is valuable in the real world can be debated; (5) Legal research and writing courses tend to be a bit of an afterthought at most law schools, despite the fact that one of the main demands of law practice is well developed legal research and writing skilLaw school rather teaches students to think like law professors — the extent to which this is valuable in the real world can be debated; (5) Legal research and writing courses tend to be a bit of an afterthought at most law schools, despite the fact that one of the main demands of law practice is well developed legal research and writing skillaw professors — the extent to which this is valuable in the real world can be debated; (5) Legal research and writing courses tend to be a bit of an afterthought at most law schools, despite the fact that one of the main demands of law practice is well developed legal research and writing skillaw schools, despite the fact that one of the main demands of law practice is well developed legal research and writing skillaw practice is well developed legal research and writing skills.

[1] The appellant's core submission is that in finding that she was a partner in the respondent law firm, rather than an employee, the trial judge gave insufficient consideration to the fact that her work was controlled by the partner whose clients she served and that she was dependent on the... [more]

And it doesn't matter whether the reviewing court rather than the trial court makes this finding.The crux of the decision lies in the fact that «the State failed to prove its case as a matter of law, not merely because [the judge], as a 13th juror, would have decided it differently from the other 12 jurors.»

And in fact, it has been the law in Quebec since the 90s that (software) licenses are not sales contacts, nor are they leases, but are rather sui generis contracts governed by the legal regime applicable to all contracts generally — as opposed to the «sales» or «lease» contractual regimes in the Civil Code.

If cynics like to point to the fact that those in the legal community might simply be afraid to lose their monopoly on brokering settlements and, therefore, their jobs, we believe that this isn't the case, but rather that their reservations are linked to an unfounded fear that ODR might contribute to the erosion of the rule of law.

Lauwers J.A. delved into each of the appeal grounds in some detail, and ultimately granted the motion, noting that the appeal did not raise any arguable error in law but rather only challenged findings of fact and credibility that were «sound on their face».

So, we can see that the idea that juries may act contrary to the will of a judge is nothing new in American law and in fact it is an act of resistance to government oppression that our Founders believed to be fundamental in a Republic that was to remain free under the rule of law, rather than enslaved according to the rule of men.

In any event, the sad fact is that BC's current laws do not reflect the best cycling practices, and they impose few provisions to protect cyclists — save for helmet laws which were introduced in the mid-1990s and impose penalties on cyclists rather than the operators of the machines which pose the clearer risks.

By using such data software, law firms can better inform their marketing strategies and base decisions on fact, rather than guesswork.

And I retain an uneasy feeling that law society benchers and members have decided based on their intuitions and perceptions about what discrimination is and looks like, rather than on the fair and impartial application of a legal standard to a set of facAnd I retain an uneasy feeling that law society benchers and members have decided based on their intuitions and perceptions about what discrimination is and looks like, rather than on the fair and impartial application of a legal standard to a set of facand members have decided based on their intuitions and perceptions about what discrimination is and looks like, rather than on the fair and impartial application of a legal standard to a set of facand perceptions about what discrimination is and looks like, rather than on the fair and impartial application of a legal standard to a set of facand looks like, rather than on the fair and impartial application of a legal standard to a set of facand impartial application of a legal standard to a set of 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.

The provisions of CPR 57.7 which requires that the claim form contains a statement of the claimants» and defendants» interest in the estate is a useful starting point but this case clarifies that this is in fact a substantive law point rather than a simply procedural issue.

(I deliberately use the term «legal market» rather than «legal profession,» to try and highlight the fact that the forces at play in other markets are already being felt amongst lawyers and law firms.

Such a claim would conflict with the notion that judges resolve cases based on the facts and law, rather than on the advocate's quality.12 Second, assessing writing quality is difficult because it can be both time - consuming and subjective.

Depending on the particular facts and on the forum, the monetary awards compensate the victim for: past and future wage loss; general damages (compensation for pain and suffering); specific losses, such as intentional infliction of mental suffering or assault; aggravated damages (in the context of employment law, often relating to the manner in which the employer dismissed the employee); and punitive damages (a monetary award intended to punish the wrong - doer rather than to compensate the victim).

The puzzle of a representative judiciary is that many want a diverse bench because more varied experience will enhance judicial decision - making, and yet many worry about a representative judiciary precisely because it may mean judges will decide based on their identity or community affiliation rather than based on the facts and law before them.

Indeed, it is my view that judges are supposed to decide appeals based on the merits of the issues being raised, the facts of the case and the applicable law, rather than based on the quality of the briefs and the oral arguments.