Sentences with phrase «factual contexts»

Use various factual contexts as a way of triggering issues.

One must ask, given the nature of the decision and the statutory and factual contexts, does the decision reflect a proportionate balancing between the statutory objective and the severity of the interference of the right?

[57] On judicial review, the question becomes whether, in assessing the impact of the relevant Charter protection and given the nature of the decision and the statutory and factual contexts, the decision reflects a proportionate balancing of the Charter protections at play.

Ten years on that statement holds good in my view, but the jurisprudential basis for the more flexible approach, and its practical consequences in different legal and factual contexts, remain uncertain and open to debate (see de Smith op cit paras 11 - 086ff and the many authorities and academic texts there cited).

Because legal problems arise in particular factual contexts, reasoning about the meaning of a legal rule often requires more than the mechanical application of the general words in the text.3 Likewise, when an attorney reasons by analogy, she considers the precise nature of the particular legal problem and context and does not simply compare the surface details of her client's case with a precedent.4

Different factual contexts might demand different responses from the commissioner.

140 The new government provided compensation to the victims of the Bolivian Gas War and the court dismissed the TVPA suit, holding that the compensation satisfied the adequate remedies requirement.141 The problem could focus on availability, adequacy, or both.142 ATS and TVPA cases provide ways to get the students to focus on bread and butter process issues but in factual contexts they may find compelling.143

[56] Thus, «On judicial review, the question becomes whether, in assessing the impact of the relevant Charter protection and given the nature of the decision and the statutory and factual contexts, the decision reflects a proportionate balancing of the Charter protections at play.»

When one looks at them «in the factual context of the life of the human person,» one discovers their «fundamental dissimilarity in nature, structure, and dynamics.»

Festival organiser Michael Eavis is a constant ironic presence, his beard in various states of disarray depending on the year.Although the soundtrack is superb, the film is too long and the lack of factual context often makes you wonder just what you are watching and when.

The exhibition explored in depth the relationship of radical politics to art, by providing visitors with factual context in the form of historical objects that brought home the social and historical realities the movement faced, interspersed with historic artwork that supported and reflected its circumstances and ideals, as well as contemporary pieces.

Thus, when putting hyperbole into factual context, it helps explain why anthropogenic warming might not be making any statistically - significant impression on nature.

In part, the Crown explained that it decided to wait until the MOL's investigation was complete before proceeding with criminal negligence charges and argued that it acted expeditiously in the factual context of the case.

It shows its preference for the more flexible common law «reasonable expectation of privacy» rule, which defines what (information) is and is not amenable to privacy protection based on what ought to be expected in a democratic society and in the full factual context.

More importantly, the observation of Lord Hoffmann in the ICS case that construction is «highly sensitive to the context of, and background to, the particular utterance» has seen some much needed development both in this and other jurisdictions of the importance of the factual context.

A legal rule that seems relatively clear within the factual context of a particular precedent may not readily lend itself to application in a different factual context.

The broader factual context for the decision is somewhat convoluted and involved multiple claims and parties.

According to Art 8 Dir 2005 / 29 / EC, «A commercial practice shall be regarded as aggressive if, in its factual context, taking account of all its features and circumstances, by harassment, coercion, including the use of physical force, or undue influence, it significantly impairs or is likely to significantly impair the average consumer's freedom of choice or conduct with regard to the product and thereby causes him or is likely to cause him to take a transactional decision that he would not have taken otherwise».

It is, it seems to me, impossible to construe that agreement in its true factual context as providing full compensation for the loss which is claimed against the hospital.

The dissenting judgment in J.A., which distinguishes Ewanchuk primarily based on its different factual context (at paras. 126 - 128), is not persuasive in its approach to the law of consent.

And, when it comes to understanding an agreement, look at the purpose and factual context behind an agreement to divine the meaning of the written words.

The new approach to reasonableness has been labelled «legal unreasonableness» to emphasise the point made in Li, that what is reasonable in any case will depend on the statutory and factual context.

Similarly, in the subject decision, the Court of Appeal set out that when reviewing a decision for reasonableness, a court must consider «the reasons proffered and the substantive outcome in light of the legal and factual context in which the decision was rendered».

The factual context of this case exemplifies the «legally uncertain environment» in which qualified official immunity is appropriate.

[22] In the factual context of this case, it is clear that the applicant made this offer with a view to achieving paid employment.

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.»

First, in the analysis of whether a franchisor is exempt from providing a franchise disclosure document in a renewal, the court needs evidence, and it must be conclusive, about the material differences between the original and then - current franchise agreements and their factual context.

The factual context is very important in these cases.

The Miriuwung Gajerrong case in particular presented the Court with a factual context in which the recognition and the extinguishment of native title are interrelated issues.

Not exact matches

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.

Without context in strategy planning for the new social buyer persona, we are left with a factual approach to identifying target social buyers.

The framework builds on 2 decades of research on how children learn, including the need for students to understand the context of what they are being taught rather than simply absorbing factual information.

I am totally onboard for many reasons of eating a WFPBD (whole foods plant based diet) but in the context of a forum like this the discussion becomes almost religious, and religious has NEVER settled any factual or scientific issue.

To develop competence in an area of inquiry, students must (a) have a deep foundation of factual knowledge, (b) understand facts and ideas in the context of a conceptual framework, and © organize knowledge in ways that facilitate retrieval and application.

The «given» includes students» cultural and language - based contexts, their biases (for example, from previous successes or failures with learning about the subject), and the relevant factual and conceptual knowledge that they have gained from daily experience and formal study.

answering factual, inferential, main idea, and derived - meaning questions from longer narrative passages; working with maps in the context of a passage

The Arizona Tax Research Association (ATRA) has put together a 9 - page document titled Arizona K - 12 School Finance Statistics: Providing Context to a Complex Measurement, that provides factual information relating to the reasons and fallacies surrounding the commonly argued narrative that Arizona doesn't fund K - 12 education adequately.

The Arizona Tax Research Association (ATRA) has put together an 8 - page document titled Arizona K - 12 School Finance Statistics: Providing Context to a Complex Measurement, that provides factual information relating to the reasons and fallacies surrounding the commonly argued narrative that Arizona doesn't fund K - 12 education adequately.

Again, absolute rubbish, this totally depends upon the context in which this is being used, for example, finding out factual information on a new car you're purchasing would be fine, but would you want your dentist using Wikipedia to brief themselves before your next root canal surgery!

Welsh provides continued social context by interleaving dry, factual «Notes on an Epidemic» that chart Edinburgh's exploding heroin use and, subsequently, AIDS cases.

Without captions or headlines, they allude to urgent events which, separated from their original context, take on varied meanings, obscuring the factual mode of journalism.

By the examination of memory itself, of family narratives, documents and artefacts of family history, the artists weave a multifaceted net that explores personal recollections in context of factual and public history.

Their comments, which bring context and insights from the latest research, and point out factual and logical errors where they exist, remain layered over the target article in the public domain.

The ECJ reminded that its role is to provide the referring court with the interpretation of EU law which it deems applicable within the factual and legal context as described by the referring court (para. 24).

In the legal context, the syllogism involves taking a legal premise (an enacted or judicially created «rule») and applying it to a factual premise (the facts of a case) to reach an objectively sound result (the conclusion).

The factual matrix in this case consisted of the rule 49 context in which the parties were operating, and the timing of the offer and its acceptance in their litigation.

In the context of «social and legislative facts» — meaning facts about society at large — opinion evidence becomes all the more menacing, because it is all but impossible to cross-examine the expert against a clear factual record.

The Council and Commission therefore had an obligation «to take into account the evidence, submitted by the producer concerned, of the real factual, legal and economic context in which it operates» (para. 78).

Finally, there are social facts used to construct a frame of reference or background context for deciding factual issues crucial to the resolution of a particular case.

As Mosten describes it, attorneys outside of the collaborative context can separate out various services like advice, research, factual collection and investigation, drafting, negotiation, and court appearances.34 Those aspects that a client feels capable of undertaking alone, or with the lawyer as a background coach, can be removed from the formal scope of representation (and billing).