Sentences with phrase «fact and the law relevant»

As they become aware of the facts and law relevant to their case, they review and replay their memories and the key parts of their testimony.

Many projects are handled by a single attorney, who becomes intimately familiar with the facts and laws relevant to the project.

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.

Not exact matches

The Irish Finance ministry said in a statement on Monday that «the commission has misunderstood the relevant facts and Irish law».

This discussion also does not consider any specific facts or circumstances that may be relevant to holders subject to special rules under the U.S. federal income tax laws, including, without limitation, certain former citizens or long - term residents of the United States, partnerships or other pass - through entities, real estate investment trusts, regulated investment companies, «controlled foreign corporations,» «passive foreign investment companies,» corporations that accumulate earnings to avoid U.S. federal income tax, banks, financial institutions, investment funds, insurance companies, brokers, dealers or traders in securities, commodities or currencies, tax - exempt organizations, tax - qualified retirement plans, persons subject to the alternative minimum tax, persons that own, or have owned, actually or constructively, more than 5 % of our common stock and persons holding our common stock as part of a hedging or conversion transaction or straddle, or a constructive sale, or other risk reduction strategy.

Subject to certain exceptions to be approved by the relevant regulators or certain facts to be ascertained, the public offer will not be made directly or indirectly, in or into any jurisdiction where to do so would constitute a violation of the laws of such jurisdiction, or by use of the mails or by any means or instrumentality (including without limitation, facsimile transmission, telephone and the internet) of interstate or foreign commerce, or any facility of a national securities exchange, of any such jurisdiction.

A spokeswoman declined to answer a series of direct questions from CNBC about his case, instead providing a statement from Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department's Tax Division: «Bradley Birkenfeld was afforded due process of law and sentenced by a federal district court after full consideration of all relevant facts and circumstances, including his admission that he advised wealthy UBS clients on how to conceal their assets from the U.S. government,» she said.

Four years after the British Humanist Association (BHA) complained to the European Commission (EC) alleging that UK law breaks European law in allowing widespread discrimination in employment by «faith» schools, and two years after the Commission took the matter up as the subject of a formal investigation, the Commission has decided that there is in fact no breach of the relevant legislation.

«I can assure you that in every instance all the decisions we have made have been based on the facts, the relevant laws or regulations and the best interest of the agency,» he added.

But New York State Supreme Court Justice William Ford found Lake «has failed to sustain his burden of demonstrating how the court has misapprehended or overlooked key, material or relevant points of law or facts and evidence,» according to the decision filed earlier this month.

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.»

In connection with any such proposed application the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules, and direct restitution.

It gets worse: He also argues that «investors are overly optimistic» given the huge expense for running teams in a league like this one, the fact that Amazon got to Twitch first, and the likelihood that Blizzard will eventually collide with antitrust law (and the lack of relevant international law).

The first salvo describes in great detail the relevant facts and applicable law.

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 ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

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.

[79] After considering the relevant case law referred to by counsel and keeping in mind that the award in each case is very dependent upon the unique facts of the case, I award the plaintiff $ 75,000 in non-pecuniary damages.

By accurately evaluating the relevant facts and law, and actively working to achieve a client's specific goals with regard to the outcome of a claim, an experienced civil and business litigation lawyer can make all the difference.

These tools allow investigators to contextualize each relevant fact and point of law within a conceptual framework for their case.

«[The] application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment (Case 8/74 [1974] ECR 837), so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States» (Keck, para. 16)(emphasis added).

He also mentioned Blue J Legal, a system that analyses fact situations returning relevant case law and other materials and succeeds in reducing the mysterious aspects of the process by revealing how the system arrived at its results.

Writing a great brief isn't easy, but you want enough credibility and transparency that the court knows exactly where you're coming from, and they don't need to go to the defense brief to get the facts, the relevant law, or to check to see if you've characterized the defense position accurately.

Another useful foundation for a contract - oriented LRW problem is the United Nations Convention on Contracts for the International Sale of Goods («CISG»).130 The United States is a signatory to the CISG which is intended to provide a structure for international contract similar to that offered by the Commercial Code and UCC case law is relevant to interpretation of CISG cases.131 Foreign case law is also considered instructive though not binding, 132 allowing an LRW problem to easily incorporate an international convention, foreign law, and domestic law in one fact scenario.133

As discrimination cases can have a lot to do with perception, it takes experienced legal counsel to address the part this factor plays while also working with the facts of the case and the nuances of the relevant law.

Under the guiding hand of IRAC, our students have been taught that a legal argument ought to begin with the Issue, continue with the Relevant law, proceed to the Application of facts, and conclude with the Conclusion.

He gave a bravura display of the forensic powers of a common law judge at the top of his game: the European Court, he argued, began a line of authority with a decision where it «gave no explanation»; had no requirement to say anything («it was not a rule that was relevant to the facts of the case»); and heard no argument.

Your attorney would be able to bring together the relevant facts about law in your state and the particulars of the case (nature of the procedure, age of the patient, actions of the hospital and parents).

That is, we have to know all the facts relevant to a particular provision of law and all the facts relevant to all of the «buts» that go with that particular provision of law.

«Lawyers in this province would be similarly disturbed to learn that where the law society is trying to disbar a lawyer in this situation, who only acted for the vendors, the law society is refusing to produce the files for the lawyers of the purchasers and the lenders, despite the fact that they're clearly relevant and may well contain exculpatory information,» says Radnoff.

Although this appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the facts.

That led to an excellent reply from Robert Ambrogi on The Art and Science of Lawyer Bios in which he refines Homan's critique by asserting that much of the «standard» bio information (law school attended, Martindale - Hubbell ratings, etc.) that Homan impugns is in fact still relevant to clients.

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.

In Kennedy v Cordia the court started from three fundamental common law principles (paras [39] to [41]-RRB-: first, that «[39] Skilled witnesses, unlike other witnesses, can give evidence of their opinions to assist the court»; second, that experts can give evidence of fact relevant to a fact in issues; and, third, that experts can give evidence based on their own experience and on the work of others in their field.

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.

(4) the consequences of more laws based upon technology; and the fact that almost every electronic communication, interaction, and service automatically creates a record that is potentially evidence and relevant to some legal service.

In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts.

At the Court of Appeal, UBC alleged that the Tribunal had made several errors of fact and law, including in refusing to consider modifications of the residency program as relevant to finding that disability was a factor in Dr. Kelly's adverse treatment and in considering both the procedural and substantive elements of the duty to accommodate.

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.

We create customized strategies for our clients to avoid becoming targets of costly investigations and litigation, including building and maintaining strong relationships with state attorneys general and educating them, as necessary, about our clients» businesses and the relevant facts and law.

Place the treatment of the facts relevant to an issue in proximity to your application of the law or policy to that issue and to the decision made on that issue.

Our ability to get results is based on our thorough understanding of the relevant laws, our dedication to getting all the facts and evidence correct, and our working relationship with many professionals, such as engineers, product safety experts, and accountants.

The relevant case law makes it clear that in applying the principles, a case by case approach is required, balancing competing rights and interests on the basis of the particular facts of each case.

The letter analysed the relevant law and applied the law to the facts before asking for RBS's position on those facts.

«Whereas, we are teaching and evaluating four key skills, known as IRAC: information (assimilating the facts); relevant rules (identifying which area of criminal law applies to those facts); application; and conclusion (presenting and advising).

She is responsible for ensuring that the employment team is kept fully up - to - date with relevant legislation and case law, updating our precedent bank, editing our weekly employment briefings, writing training and seminars for clients, updating our timeline and key facts sheet and maintaining our Twitter account.

The FCA held that the Federal Court's finding that these facts were relevant was a question of mixed fact and law and the Minister had not demonstrated palpable and overriding error by the Federal Court judge.

(i) During the investigation stage of the proceeding, the relevant Consob office exercises its investigation powers (as described in question 4) to ascertain the facts and assess possible breaches of securities law.

The duty of preservation is a foundational concept in our legal system that grows out of the common law concept of spoliation, which is more than 200 years old: if courts exist to make determinations about disputed facts, and if the trier of fact must make those determinations using the available evidence, then no litigant should be allowed to gain advantage in those determinations by destroying relevant evidence before the trier of fact can consider it.

Case Finders improve on traditional search methods by allowing you to search for relevant cases within a given area of law by facts and outcomes instead of keywords or citations.