Sentences with phrase «factual arguments in»

It appears there were no substantive differences in the legal / factual arguments in regards to anticipation and obviousness — the wording of the decision is identical in these 2 areas, notwithstanding the two generics had different experts.

Not exact matches

But the other «factual circumstances» here make the argument less likely to hold up in the same way it did for Edwards.

«We were right on the factual arguments and yet so wrong in the arguing.

But by the time Brandeis memorialized his arguments in his famous dissent in Olmstead v. United States, the first wiretap case, the focus on factual circumstances has disappeared, replaced by a broader appeal to constitutional «values»:

Some seem to take the liberties of creating convenient truths to justify their failure in accepting factual knowledge in the interest of arguments, which is ludicrous violating all the teachings of the faith, which is all inclusive.

The arguments made in this article are factual, logical and compelling.

Accusations that are simply not factual feature strongly in many aob arguments.

The arguments against the «pink slime» aren't based on anything factual, just people feeling that it shouldn't be in their food.

«Election stress becomes exacerbated by arguments, stories, images and video on social media that can heighten concern and frustration, particularly with thousands of comments that can range from factual to hostile or even inflammatory,» said Lynn Bufka, PhD, APA's associate executive director for practice research and policy, in a press release.

«Unfortunately, there are factual errors in the economist's arguments, and misinterpretation of the distinctions between total sugars vs. refined sugars, sugar availability vs. apparent consumption, sugar - sweetened and diet soft drinks, and other nutrition information ``: http://www.australianparadox.com/pdf/JBM-AWB-AustralianParadox.pdf via http://www.glycemicindex.com/

In days gone by, one could count on fellow scholars to lay out the books» argument, skewer it, then identify a laundry list of factual errors that demonstrate the author was careless or worse.

Most critics of portfolio assessment say they like the emphasis on demonstrated writing and oral skill, but have seen too many instances in which a refusal to give traditional tests of factual recall leads to charmingly written essays with little concrete information to support their arguments.

Separately, last week Barnes & Noble (s BKS) and the American Booksellers Association requested permission to file an amici curiae, or «friend of the court,» brief in the case, saying that «if the Court were not to permit ABA and Barnes & Noble to serve as amici in this matter, it is likely that DOJ's numerous arguments in that filing that are specifically directed against Barnes & Noble and ABA, complete with their factual inaccuracies, would go unrebutted by any party currently before the Court.»

I wasn't aggressive, I wasn't a fanboy, and I actually used factual arguments to back up my claims, so why the disagree, unfortunately, I may not answer, as I can only post once more after to this, but I will read it, so come on, tell me what you disagreed with in my post.

Your «argument» above relies on the contra - factual assumption that there is no C - 14 in the sinks before adding the bomb impulse to the atmosphere (which would mean that the C - 14 system wasn't a scale model of the C - 12 system, and hence the IRFs would be different)-- but C - 14 is well mixed in all parts of the carbon system: That's why carbon dating works.

The handful of factual flaws in the piece were both marginal to the overall argument and were corrected immediately in an updated annotated version that demonstrated a degree of journalistic integrity we can but wish those who fixate on the most staggeringly optimistic climate projections would emulate.

There are many factual issues that could be contested in regard to any argument that switching to a non-fossil fuel future is cost - prohibitive.

It is not enough for proponents of climate change policies to simply make counter scientific and economic «factual» arguments to the scientific and economic claims of the climate change policy opponents, advocates for climate policies need to help citizens understand what interests are responsible for the disinformation that is the basis for the false arguments made by opponents of climate change policies, why the tactics used the opponents of climate change policies are morally reprehensible, and why the arguments of those opposing climate change policies will continue to create huge injustices and immense suffering in the world.

Because Matthew needs to be able to recognise a good argument when he sees one; not to pick factual holes in arguments he already disagrees with because his parents do.

It is to be hoped that some do, and a challenge to the judgment could be justified, either using the argument that the Court exceeds its jurisdiction in ruling so definitively on factual questions, or using constitutional values.

In these factual circumstances, the Court essentially made two arguments as to their legal qualification.

Factual submissions are made in opening statements and legal submissions are presented in closing argument.

Until, of course, I came across a case that stated the rule I thought I needed, but was completely devoid of any factual background information that might have aided in crafting persuasive arguments for my clients.

Until, of course, I come across a case that states the rule I think I need, but is completely devoid of any factual background information that might aid in crafting persuasive arguments for my clients.

Both parties may opt to rely more extensively on expert testimony and factual arguments, in order to reduce the ability of the Federal Circuit to apply de novo review.

In contested sentencing hearings (where the Crown and defence make separate submissions and arguments before the court), the Crown is moving towards a practice of placing extensive factual records of all potentially aggravating factors before the courts.

It demands close attention to factual details that matter; a winnowing out of details that don't matter; a reliance on concrete facts coupled with a disavowal of breezy generalizations and characterizations; a building up of facts into step - by - step arguments from which conclusions naturally follow; the marshaling of reasons that will earn the respect even of an opposing audience; a dialectical approach in which countervailing facts and counterarguments are carefully disarmed; a defense not of the first positions you might take, but of the best ones; and, at least in your early development as a legal writer, a stripped - down style that contains not a whiff of ornate embellishment.

Snowden J also rejected an argument made by PAG that the ESG documents should be only partly redacted, so that summaries of factual information would not be withheld from inspection, finding that such an approach would be inconsistent with the dicta of Taylor LJ in Balabel.

Toward the end of its argument that the photographer should be a joint owner, the post contains a 70 - word sentence that is essentially a small «IRAC» unit with the statutory language and a factual argument about the photographer's work with the monkey in Indonesia in 2011.

It also raises the possibility of complex factual argument as to whether an employee has «had the opportunity» to take annual leave — in any given case an employee might be said to be unfit to work but fit to go on holiday; or vice versa.

In these engagements, we closely study the record and construct an appellate strategy that integrates a trial lawyer's focus on a compelling factual narrative with an appellate lawyer's focus on legal standards and arguments that resonate with appellate courts.

The posting discusses the different approaches in the briefs in the Introduction, Factual Background, and Summary of the Argument.

Although Eichmann's factual argument is implausible and self - serving (and inconsistent with the facts), it does raise, in the abstract, a complex legal question: how to treat the responsibility of mid-level or upper - level perpetrators who control subordinates below them but who are arguably not at the top of the chain of command.

I have had clients complain that they lost because the trial judge did not specifically address all of their legal arguments and factual points in the decision.

In most cases this factual argument can easily be dealt with by a competent engineer's report.

In these exceptional cases, the challenge of establishing what forms part of the factual matrix and is therefore admissible as an aid to interpretation may lead to the examination of the settlement negotiation process by parties hoping to find «admissions of facts» to assist their interpretation arguments.

Under de novo appeals, the facts are questioned, in which case it is possible to raise new (factual) arguments, almost as if the first proceeding had never taken place.

She has successfully run an abuse of process argument on behalf of a dentist, owing to concerns about the GDC's disclosure, contact with a factual witness and the conduct of the GDC's expert witness, resulting in the stay of the GDC's prosecution (GDC v Jasbinder Singh).

Thus, the factual analysis in considering a notice argument is limited to a consideration of what the party knew, not what it could have known had it made inquiries.

In response to Pendry's argument concerning the lack of background information on the attachment theory, I agree that the inclusion of such factual information might have been helpful for the general comprehensiveness of the paper.