Sentences with phrase «facts and law applicable»

Results turn on, among other things, the facts and law applicable to each unique case.

All of these decisions will turn on the specific facts and law applicable to your case.

Not exact matches

Due to lack of existing applicable laws, capital controls and the fact that Bitcoin straddles multiple financial facets the following Bitcoin activities are illegal in Thailand:

«At the conclusion of the meeting senior members of the Foreign Exchange Administration and Policy Department advised that due to lack of existing applicable laws, capital controls and the fact that Bitcoin straddles multiple financial facets the following Bitcoin activities are illegal in Thailand:

Certain statements contained herein are not based on historical fact and are «forward - looking statements» within the meaning of the applicable securities laws and regulations.

Bitcoin said on its homepage on July 29 that «senior members of the Foreign Exchange Administration and Policy Department advised that due to lack of existing applicable laws, capital controls and the fact that Bitcoin straddles multiple financial facets Bitcoin activities are illegal in Thailand.»

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».

This press release contains forward - looking statements within the meaning of applicable securities laws that are not historical facts and information.

We believe it goes against the great weight of facts presented at trial and the applicable law.»

The User acknowledges that all information, facts and data conveyed through the Internet Services are proprietary to Desjardins Online Brokerage, Desjardins Securities Inc. and / or to its information suppliers, and are protected by applicable copyright laws, trademarks laws, device marks law and any other applicable intellectual property laws.

Suing Credit Bureaus, Creditors, and Collectors — Get the facts about who you can sue for what, applicable laws, and associated fines.

The result of any legal matter may vary depending upon specific facts and applicable law; no reader should act on the basis of any matter contained on this web site without seeking appropriate professional advice as to the particular facts and applicable law involved.

Determination of principal residence status will depend on the specific facts and circumstances regarding the property and applicable State law.

Unfortunately, the vast majority of case comments seem to be written by lawyers, for lawyers: heavy on the facts and applicable law, weighed down with lengthy excerpts from the judge's ruling, and light on analysis and implications for readers.

The Teachers» Federation submits that the trial judge fundamentally misunderstood and incorrectly applied the applicable law to the facts of the case; applied an incorrect standard of review of a union's conduct, and imposed duties not required of it by 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.

To be a successful lawyer, a student must be able to analyze the facts of the case, find the applicable law, analyze and apply that law to the facts, and then communicate that analysis, either through writing or speaking.

No one should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved.

The facts, circumstances and law which is applicable to your truck accident case will determine the value of that case.

The specific types of damages you may be entitled to will depend on the facts of your case and applicable state or federal law.

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.

Such a licensed and retained attorney generally has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and who is familiar with the applicable law.

If approached for legal advice in a casual setting, respond by inviting the potential client to make an office appointment so that facts and applicable law can be discussed in a controlled environment.

What is very important here is that the judges explain the facts and the applicable law well, as well as the problem of EU law at issue, and that they do it in a clear fashion when they make a reference.

But I do know that, on the days when you know the facts of your case, and when you know the area of applicable law as well as you can, then the intellectual debate which can develop with a High Court judge or in the Court of Appeal is fascinating — and for my money, it represents the high point of my career.

Buckmaster's post says that the AG's threats ignore the fact that Craigslist «is operating in full compliance with all applicable laws,» has eliminated its «erotic services» category and has adopted stricter screening measures.

This access to evidentiary information not only helps each individual juror attain a contextual understanding of the applicable law and facts of the case; it also increases the likelihood that all members of a jury will share the same understanding of the context of the case.

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.

These sorts of governmental fact sheets are not absolute statements of the law, they are guidelines about what is most commonly applicable, and to determine if there are any exceptions, one must consult the actual law.

Despite the fact that all EU states are party to the 1970 Hague Evidence Convention (Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters or hereafter Hague Convention) and have transposed the EU Data Protection Directive into national law, stark differences in the legal regime applicable to international transfers for the purposes of e-discovery exist between EU Member States.

Based on that fact, the Fair Debt Collections Practices Act, and all other applicable provisions of the law, you are hereby directed to cease contacting my client.»

In other words, the judiciary should defer to the Minister's calculation and only interfere if such decision is unreasonable in the sense it is not transparent or falls outside the boundary of possibilities given the facts and applicable law.

On the third main issue, the Advocate General argued that on the facts of this case, including because in this case the applicable law is that of the Member State of the supervisory authority that wishes to exercise its powers of intervention, that Article 28 (6) of the Data Protection Directive should be interpreted such that the ULD is entitled to exercise its powers of intervention against Facebook Ireland with complete independence and without being required first to call on the Irish supervisory authority.

The judges say they want to know more about the actual facts and less about the applicable law.

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.

The parties will then present a Closing Argument summarizing the evidence presented, apply the facts of the case to the applicable law, and argue why their position should be adopted as the orders of the court.

Under the reasonableness standard the reviewing court defers to the statutory decision - maker and limits its review to an inquiry as to whether the impugned decision is intelligible, transparent, and justified, as well as within the range of possible outcomes given the applicable facts and law in question (Dunsmuir at para 47).

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 CETA mechanism, on the other hand, talks about the application of domestic law as fact and not as applicable law to the dispute.

Roberts takes a more subtle approach by lining up the key facts and applicable law in such a way that we can only draw the inference that the client suffered an injustice.

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.

As a lawyer, you're helping the party... in trying to make the strongest case they can within the bounds of the law and based on the facts that are applicable to the matter that you're dealing with,» he says.

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.

The court will look to the attorneys for information on both the facts and the applicable law, especially if it's an area of law that the court deals with infrequently.

Other than the fact that I was the ONLY law student at the conference, (I'll get to that later) all of the panels and presentations were extremely applicable for law students who will enter a rapidly changing legal profession.

And, once it has been decided that the applicable standard is one of negligence, the question whether the defendant satisfied the appropriate standard of care is a question of mixed law and faAnd, once it has been decided that the applicable standard is one of negligence, the question whether the defendant satisfied the appropriate standard of care is a question of mixed law and faand fact.

The law varies in every jurisdiction throughout the United States and accordingly, you should not rely on any opinion except for an attorney you have retained who owes you a professional and legal duty to advise you after you have provided all of the material facts and who is licensed in the applicable state and knowledgeable of the applicable law.

Summarizing over millenia of jurisprudential thinking, we can see that the special status of persons (when not reduced to divine gift: not applicable under current US law) derives from the fact that persons have a capacity to reason, and to choose actions based on their reasoning.