Sentences with phrase «fact and law related»

Not exact matches

Note on forward - looking statements: This press release and accompanying schedules contain «forward - looking statements» within the meaning of federal securities laws, including statements about earnings trends, organizational and separation related efforts, estimates, and assumptions, and similar statements concerning anticipated future events and expectations that are not historical facts.
If abortion and related life issues are in fact the great civil - rights issues of our time» in that they test whether the state may arbitrarily deny the protection of the law to certain members of the human community» then Griswold eventually led to a situation in which the Democratic and Republican positions on civil rights flipped, with members of today's Democratic party playing the role that its Southern intransigents played during the glory days of the American civil - rights movement.
And I don't go to church, but I do know for a fact that people go to churches and talk about zoning laws and other non God related stuff, all the tiAnd I don't go to church, but I do know for a fact that people go to churches and talk about zoning laws and other non God related stuff, all the tiand talk about zoning laws and other non God related stuff, all the tiand other non God related stuff, all the time.
Abstract arguments from Natural Law even when they are true, and in fact they are true, will be dismissed impatiently unless they can be related to, and reflected in a living law found within the mind and heaLaw even when they are true, and in fact they are true, will be dismissed impatiently unless they can be related to, and reflected in a living law found within the mind and healaw found within the mind and heart.
The report went on: «The fact that so many Sharia rulings in Britain relate to cases concerning divorce and custody of children is of particular concern, as women are not equal in Sharia law, and Sharia contains no specific commitment to the best interests of the child that is fundamental to family law in the UK.
In fact, metaphysics was long the province of philosophers, who sought to explain how mind is related to matter, how bodies act on each other, and how to extend these laws of the physical universe into the realm of theology.
He's taking advantage of the fact that while city law mandates donations for primary and general elections can only be used for lawyers handling non-criminal matters related to a campaign, funds raised for run - off elections face no such restriction.
Contemporary refugees law instead is a product of World War II, and in fact was originally limited to the people affected by the war and related events in Europe.
Despite the crimes» many similarities — the ages of the victims, the fact that they were both gay, the relative proximity and the method in which they were killed — investigators do not believe the murders are related, and do not believe them to be hate crimes, law enforcement sources said.
Prestige and power matter more than money (Money is related but is not synonimous with them) for most of them (why they would argue about office space and seating) but many do in fact want to pass laws.
In fact, I am considering applying for positions — a postdoc in the Office of Technology Transfer at NIH, a patent examiner with the USPTO, and a technical specialist at a law firm — and perhaps for a fellowship related to intellectual property law or science policy.
Ms. Smith has identified 26 related but in some cases distinct facts, laws, and principles she feels it is important for students to know in this unit.
It's more an article to open up and expand thinking on the topic and not to provide any sort of concrete facts regarding stricter gun laws directly being related to equaling a better society.
' The disputing parties can invoke EU law related arguments in intra-EU arbitrations if this is considered a good litigation strategy and if the facts and legal materials facilitate their use, and this holds true irrespective of the wording of the arbitration clause or the content of the arbitration rules that govern the dispute.
The Court of Appeals could, however, ask for the assignment of a retired judge to handle discovery issues, reviewing the evidence, making proposed findings of fact and conclusions of law, and perform «any other necessary related judicial duties».
Florida law requires that a non-economic damages award must be reasonably related to both the facts of a case and the general trend in similar cases.
Going against popular opinion with respect to judicial interpretation of solicitation, it argued that the contradictory and often self - defeating nature of the various Criminal Code sections relating to prostitution was at the root of the high levels of street prostitution in Canada; despite the fact that prostitution is legal, the prostitution laws control when and where it can take place — essentially leaving only the street.
While Air Canada's memorandum of fact and law confusingly identifies twelve «points in issue» (paragraph 5), nine «questions of law» (paragraph 12), and seven «issues» (paragraphs 13 to 76), all its arguments relate to the Agency's finding that the carriers had not discharged their burden of showing that the cost of implementing a IPIF policy would cause them undue hardship.
It is this fact that leads me to conclude that, for most people, the iPad Mini isn't going to replace an iPad for most law practice and trial practice related functions.
Much has been written about the potential dangers of opinion evidence contaminating the fact finding process, and this commentary generally emerges in the civil litigation or criminal law context where the issues are typically narrow and findings of fact often relate only to a single individual.
The identification of the applicable standard of review thus requires a good understanding of how to differentiate between questions of law, questions of fact, and all related iterations between and surrounding these extremes.
the fact that the requesting Member State is not bound to submit a request for assistance to another Member State does not mean that the rules relating to the request for information and the use of the information obtained by that Member State can be considered to be outside the scope of European Union law.
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.
The privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal services or (iii) assistance in some legal proceeding, and not (d) for the purpose of committing a crime or tort; and (4) the privilege has been (a) claimed and (b) not waived by the client.
, failure to use the «point - first method,» inability to see that «facts» and «law» are intimately related — all these are still prevalent, apparently.
(2) I believe that trying to find a just solution to a contentious matter is as if not more demanding than arguing for its resolution according to legal precedents (I always tell my students that they are mistaken if they believe that mooting is the pinnacle of intellectual achievement in law school — in fact it is learning how to negotiate, mediate and problem - solve)(3) Learning how to problem - solve (which includes relating to the people as well as the problem) is a good deal more practical and important for prospective lawyers than being able to find and apply legal precedent, any well - trained monkey can learn to do that and (4) I think we make the mistake all the time of imagining that knowledge and skills are somehow binary processes.
Nevertheless, it held that the material was «primarily and predominantly of a legal character» because it «relate [d] and integrate [d] the facts with the law firm's assessment of the client's legal position.»
Health profession regulators may note that possible infringements of human rights as part of a registration process may be assessed not only by the Human Rights Tribunal, but also by the Health Professions Review Board, which has exclusive jurisdiction to determine matters of fact, law and discretion relating to registration decisions, at least where a college ultimately refuses to grant registration, or has grants registration with limits or conditions.
Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...
Related Terms: Question of Fact, Question of Mixed Law and Fact, Standard of Review, Question of Discretion, Ad Quaestionem Facti Non Respondent Judices, Ad Quaestionem Juris Non Respondent Juratores
Related Terms: Question of Law, Question of Mixed Law and Fact, Standard of Review, Question of Discretion, Palpable Error, Overriding Error, Ad Quaestionem Facti Non Respondent Judices, Ad Quaestionem Juris Non Respondent Juratores
And that is so notwithstanding rules of law relating to appeals (e.g., Housen v. Nikolaisen) that trial judges are entitled to deference as to facts, mixed fact and law, discretionary matters and so And that is so notwithstanding rules of law relating to appeals (e.g., Housen v. Nikolaisen) that trial judges are entitled to deference as to facts, mixed fact and law, discretionary matters and so and law, discretionary matters and so and so on.
The examinations at my law school were composed of novel fact situations and related questions arising out of such facts.
The unique facts of each case must be analyzed, the quality of the evidence that will be presented must be considered, and the recent and up to date law relating to the offence and sentencing must be applied.
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.
«Outside of a quiet reputation for doing a good job, they don't look for notoriety and, in fact, are embarrassed by it,» said Richard A. Dodd, a Texas personal injury attorney who specializes in asbestos - related law and who has done extensive work with employees with asbestos exposure from ALCOA.
40 See, e.g., William M. Sullivan, et al., Educating Lawyers: Preparation for the Profession of Law 107 (2007)(noting that in many schools» first - year legal writing courses, «[s] tudents use simulated files of materials in order to develop full - blown legal memoranda that require students to relate a specific set of facts and procedures to a dispute at the trial level»); Vorenberg & McCabe, supra note 40, at 6 — 7.
In this case, the interpretation and application of EU law could only occur in a subsidiary manner, whether relating to the interpretation or applicability of the BIT (as was done in the Achmea I jurisdiction award) or whether relating to the determination of facts described in the BIT (eg property, legality, etc).
Claims will only be eligible for inclusion in collective proceedings if the CAT considers that they raise the same, similar or related issues of fact and law, and are suitable to be brought in collective proceedings.
There is a four - part test judges consider when deciding whether to authorize a class proceeding: (i) the claims of the members raise identical, similar or related questions of law or fact; (ii) the facts alleged seem to justify the conclusions sought; (iii) the composition of the class makes joinder difficult or impracticable; and (iv) the proposed representative is in a position to represent the members of the class adequately.
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).
To follow common or related issues of fact or law in respect of the alledged liability of the National Coal Board and / or British Coal Corporation (NCB / BCC) their successors the Department for Trade & Industry (DTI) for chronic knee injury suffered by their employees as a result of underground work in mines between 1949 and 1994, where chronic knee injury means diabling symptoms of the knee joint (s) resulting from damage to the menisci and / or osteoarthritis, but does not include bursitis.
However, it also highlights positive developments in this area of law, including the fact that standards for parents and guardians have evolved over time as society has developed a better understanding of the impact of sexual abuse and the risks relating to when abuse may occur.
I will set out the facts of this case, the law as it relates to threatening and criminal harassment, and then apply the law to the facts.
That being the case the Friday before Labour Day weekend is like New Year's Eve and my tradition for academic New Year's Eve is to take a look at the incoming class of law students to see what their mindset is and try to figure out how to relate to them (I dropped my Dragnet reference with regards to legal writing «just the facts» years ago, which was a shame because I really liked that one).
In fact, some law practice management systems, such as MyCase's platform, allow you to add contacts of your choosing, including investigators, experts or co-counsel, so they can access documents and information related to the case that they are working on.
Therefore, in accordance with the terms of our privacy statement we will not disclose to any third party for any reason either the contents of or any facts relating to the contents of a user's email or any other communication a user sends to us; provided, however, such disclosure will be made when required to do so by law or by properly issued court order or when good - faith belief exists that such action is legally necessary to: (1) comply with the law or comply with legal process served on California Legal Research, Inc.; (2) protect and defend the legitimate business interests, rights or property of California Legal Research, Inc., its users, customers, or affiliates; or (3) act in an emergency to protect the personal safety of CALRI.com users or the public.
In this judgment, the judge will outline the matters in dispute, the parties» positions, the judge's findings of fact and the law relevant to the application, and explain how the law relates to those facts.
In addition, the complexity of law and the fact that laws are always changing add to the challenge of training to maintain a law - related wiki.
The obvious and unintended injustice produced by this problem caused the Law Commission in the draft Limitation Bill which accompanied its report on limitation (see Report on Limitation of Actions Law Com No 270) specifically to provide that where the cause of action relates to a failure to give correct advice on the law, knowledge thereof is deemed to be knowledge of a faLaw Commission in the draft Limitation Bill which accompanied its report on limitation (see Report on Limitation of Actions Law Com No 270) specifically to provide that where the cause of action relates to a failure to give correct advice on the law, knowledge thereof is deemed to be knowledge of a faLaw Com No 270) specifically to provide that where the cause of action relates to a failure to give correct advice on the law, knowledge thereof is deemed to be knowledge of a falaw, knowledge thereof is deemed to be knowledge of a fact.
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