Successfully arguing against such defenses typically requires a plaintiff to conduct a complete investigation in order to be ready with a compelling
factual analysis of the case that explores all of the relevant factual and legal issues at hand.
Here, the individual at the Company tasked with retaining outside counsel and managing the claim should prepare the file and a memorandum with
a factual analysis of the claim in order to ease the process of onboarding litigation counsel.
All practitioners should welcome this decision, not least because the likely date of the cause of action can now be identified with some confidence, at an early stage, without the need to carry out a detailed
factual analysis of when a claimant first suffers financial detriment.
«Rick DuFour provides an objective and
factual analysis of the current state of American education; he separates the facts from the myths.
They are not
factual analyses of Amazon's policies.
Not exact matches
You may disagree with Krugman's
analysis, but it's a little disingenuous to try to denigrate and dismiss Thomas Mulcair's economic ideas when they're based on Nobel prize winning work in economics (the intellectual case, that is; the
factual case that this phenomenon is occurring today, in Canada, is purely a question
of whether the appreciation
of our currency is based on the oil and gas boom and whether a high dollar results in lower exports in other sectors, both
of which you seem to have admitted are accurate.)
Using PRIME's proprietary social media analytics methods and technology, the research firm identified 13 million relevant social media posts from March 2013 to December 2013 on the subject
of mobile payment innovation in the context
of MasterCard and its industry peers; sentiment
analysis shows the majority
of posts were driven by news - story sharing 92 % positive /
factual, only 8 % negative tone overall which is a reflection
of the original content as it appeared in traditional news outlets.
The function
of such
analysis of presuppositions is to exclude alternatives whose truth or falsity is neither a
factual nor an observational, but rather a strictly conceptual matter.
Peirce says that metaphysics is not
factual: it is an
analysis of concepts.
The Code permits manufacturers and distributors
of breastmilk substitutes to provide «scientific and
factual» information on their products to health workers, but
analysis shows what they provide is promotional and rarely supported by independent evidence.
And another study which makes use
of automated text
analysis even promises up to 97 per cent accuracy thus also showing that rumors aren't shared with the same language as
factual stories are.
Robert Freeman, executive director
of the State Committee on Open Government, said the FOI law mandates the release
of factual and statistical information that is presumably contained in the
analysis.
With goal to find the truths and the lies around the issue, this article provides a description and an
analysis of important
factual information regarding the practices
of FGM and its -LSB-...]
CAMBRIDGE, MA — A new
analysis of two recent reports, one by a committee
of the National Academy
of Science's National Research Council (NRC), the other by Alan Ginsburg, a former director
of Policy and Program Studies in the U. S. Department
of Education, finds that both reports made
factual and analytical errors in their examination
of the record
of Michelle Rhee as Chancellor
of Schools for the District
of Columbia from 2007 - 2010.
According to a meta -
analysis by the University
of Colorado Denver Business School, students who played learning games ended up with 11 % higher
factual knowledge, 14 % higher skill - based knowledge, and 9 % higher retention rate than those who used other approaches.
Like all applications, R programs explicitly record the actions
of analysis and make it easy to reproduce and update report, which means it can quickly try many ideas and
factual issues.
See also state - by - state reports in the appendices
of the full report, in case your state was one
of the state's that responded or, rather, «recognized the
factual accuracy
of this
analysis.»
Alabama recognized the
factual accuracy
of this
analysis.
Maryland recognized the
factual accuracy
of this
analysis.
Michigan recognized the
factual accuracy
of this
analysis.
So where would
factual information be on the
analysis of the Smarter Balanced Assessments for Connecticut?
New Jersey recognized the
factual accuracy
of this
analysis.
Pennsylvania recognized the
factual accuracy
of this
analysis.
Massachusetts recognized the
factual accuracy
of this
analysis.
It should be the profound
analysis of this issue, the well - structured discussion based on the
factual information that leads to certain conclusions.
We believe the information we present is
factual and up - to - date, but we do not guarantee its accuracy and you should not should not regard it as a complete and exhaustive
analysis of the subjects we discuss.
Analysis of the bill indicates significant important
factual errors have been conveyed to legislators about the impact
of the bill on California's dogs if it passes, and the motivations behind its introduction.
Real and theoretical boundaries that define culture, politics and nationality are laid out through subtle layering
of white paper and thin lines
of traced borders,
factual socio - economic
analysis is turned into topographic outlines and horizons.
Unsurprisingly, the survey confirmed climate change to be a largely politicized issue, viewed too often along party lines instead
of according to
factual analysis (and both parties are guilty
of this, in different ways — there are plenty
of liberals who proclaim their allegiance to the fight against global warming without a basic education on the issue).
Mind you, I'm not talking someone who came here to carp or complain, but one who came here to present data, explain methods, discuss statistical
analysis, provide explanations
of policies or point out
factual flaws in skeptic's scientific
analysis?
We hope shareholders will take advantage
of our resolution and send GE CEO Jeff Immelt the message that company policy on global warming must be supported by
factual analysis, not executive bias.»»
With today's release
of Brief Finder, CARA's
analysis finds not only relevant cases, but also briefs that are relevant to the legal and
factual issues in a given document.
This allows parties to file affidavit evidence, and can force a full
factual record before the court to make an informed
analysis of the merits
of a claim.
Firstly, legal writing involves often - complex subject matter, which takes many diverse and varied sources
of information, i.e. statutes, ordinances, court rulings, and rules
of procedure, and offers
analysis and application
of said statutes, ordinances, court rulings, and rules
of procedure to a discrete legal or
factual issue.
Contrary to the AG Opinion, the CJEU does not focus its
analysis on the assessment
of the legitimacy
of US surveillance programme — the
factual basis
of this
analysis was highly contested by the US Mission to the EU and US scholars.
In the usual way the
factual element
of the unitary
analysis would need to be plainly wrong.
First, the
factual predicate upon which a lawyer bases such an
analysis depends primarily upon the accuracy
of the client's story, at least at the preliminary stages
of a dispute, when legal memoranda are widely used to assess the viability
of potential lawsuits.Second, the law itself is frequently uncertain when applied to the facts
of a particular dispute.
Through a detailed
factual and legal
analysis, Jim will strive to determine the full scope
of the potential liability for clients who have reason to believe some wrongdoing may have taken place.
No doubt you have been listening to your professor all semester, but rather than listening just to
factual content, listen for form, manner and method
of analysis.
Every case is different, you need to go through different
factual analyses to establish this, but in trucking cases it is usually more straightforward than some
of the factors just mentioned.
As well as
factual evidence, the report contained evidence
of the opinions
of experts on technical matters, which included aeronautical engineering, wreckage
analysis, meteorology, pathology,
analysis of flight data, and the piloting
of aircraft.
On the issue
of the court's interpretation
of the restrictive clause and the words «similar to», the court did not undertake a detailed
factual and legal
analysis of the relevant multitude
of factors relating to the franchise system, as done in established franchise law authorities.
With meticulous
factual and legal
analysis, we are able to dissect the issues, build the strength
of our case and identify weaknesses on the opposing side.
... the question depends on an exacting
analysis of the
factual case advanced in defence
of the measure, in order to determine (i) whether its objective is sufficiently important to justify the limitation
of a fundamental right; (ii) whether it is rationally connected to the objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and to the severity
of the consequences, a fair balance has been struck between the rights
of the individual and the interests
of the community.
The defence
of these cases often involves meticulous
factual analysis along with complex litigation on pre and mid-trial motions that include Charter applications and other Constitutional remedies.
The case involved allegations
of discrimination against women, and the Supreme Court said that the case involved too many individual claims, circumstances and
factual analyses to be litigated on a classwide basis.
Although the Court
of Appeals did not overrule long - standing precedent, the tone and
factual analysis in Lawrence appears to have turned the tide on retroactive fee evaluations.
This lapse is particularly troubling because the Opinion based its
analysis on the following statement: «In order to ensure effective judicial review
of that type
of decision, the assessment
of its validity must therefore in my view be carried out by reference to the current
factual and legal context.»
As Justice Slatter
of the Alberta Court
of Appeal put it, «these signposts were never intended to be hard and fast categories, and the standard
of review
analysis remains sensitive to the statutory and
factual context.»
While the SCC rejected the details
of the Clements
analysis of Resurfice material contribution, the SCC seems to have accepted the BCCA explanation that Resurfice material contribution is not a test for
factual causation but a policy — based approach that, in certain circumstances, will permit the courts to hold the caausation requirements
of the cause
of action have been satisfied notwithsanding that
factual causation has not been established on the balance
of probability.