Sentences with phrase «factual dispute»

I see no reason to be worried about Ball's sentence — or, more generally, the fact that judges apply ordinary burdens of proof when resolving factual disputes at sentencing.

The guardian can conduct a neutral investigation and report back to the court on his or her observations regarding important factual disputes between the parties regarding the child's best interests.

A rally resulting in serious injuries can present a number of factual disputes.

Since there were factual disputes about who owned the property at various times, the court declined to rule on this issue.

Would a district judge have to resolve on the record factual disputes over advisory guideline calculation?

Probably the most common manner in which personal injury cases involving little factual dispute are resolved is simply through the parties reaching an agreement on how much the case should be resolved for.

The purpose of summary judgment motion is to obtain a just, speedy, and inexpensive resolution by avoiding a trial in cases where there is no genuine factual dispute.

In addition to factual disputes sometimes lawyers disagree about the law.

Equally, if it was possible to say that the alleged factual dispute was without substance, then summary judgment could and should be ordered.

[Or, to be more precise, the district court resolves factual disputes in favor of the non-moving party.]

Even with the possibility of submitting testimony, however, the rules require the PTAB to view factual disputes at the institution stage in a light most favorable to the petitioner.

The debate about the fourth lock has now deteriorated into a he - said / she - said factual dispute in the court of public opinion.

During the claim construction process, «courts may have to resolve subsidiary factual disputes.

We have an expertise and regularly appear in cases involving rights and liabilities under the Landlord and Tenant Act 1985, and we are as at home rolling our sleeves up to deal with complex factual disputes in the FTT as we are in higher Courts and Tribunals.

The Appellate Division found that there were numerous material factual disputes between the parties when examining their allegations and the language in the parties» contract.

Townend v Unite the Union Successfully represented large trade union in multi-day case raising complex issues of TUPE, employment status, and employer's counterclaims, in addition to critical factual disputes.

Now that claims are more likely to proceed on the basis of the vicarious liability of employers, there will be narrower factual disputes to consider which will have a significant bearing on determining whether or not a fair trial can proceed.

However, like the application judge, in the particular circumstances of this case, especially the lack of any real factual dispute, the court found that any technical error in the procedure followed was insufficient to undermine the result: Rule 2.01 of the Rules of Civil Procedure.

Trotter Estate, 2014 ONCA 841, involved a complicated factual dispute between siblings regarding the disposition of their parents» estate.

There is little factual dispute about the fundamentals.

And, although it ruled in Markman that claim construction poses a question of law for a judge, that did not imply or create an exception to Rule 52 regarding underlying factual disputes.

(b) It is not your function to make decisions about factual disputes between the employee and the collector concerning matters occurring at the collection site that are not reflected on the CCF (e.g., concerning allegations that the collector left the area or left open urine containers where other people could access them).

However, the appellate court stated that it was improper to resolve factual disputes in favor of the parties since the letter from Hall also could lead to a conclusion that Varon and Hall conspired to evict Abraham from her apartment.

There should be as little room as possible for a factual dispute.

Although the opinion starts off as a criticism of the district court for not properly evaluating the factual dispute over whether the employer had properly adopted its computer usage policy, the appellate court went on to proclaim the preeminence of the attorney - client privilege over employers» computer usage policies.

The district judge, after deciding the factual dispute, will then interpret the patent claim in light of the facts as he has found them.

But, to overturn the judge's resolution of an underlying factual dispute, the Court of Appeals must find that the judge, in respect to those factual findings, has made a clear error.

Arbitration can more often be decided without an in person hearing than court cases, even in situations where there are factual disputed between the parties.

The reality is that this was a factual dispute, not a legal one, and without that factual determination there was no legal relief.

There is a factual dispute: did the husband commit domestic violence?

Summary judgment is a procedural mechanism by which a court can summarily rule in one party's favor when there are no factual disputes in the case, and the moving party is entitled to judgment as a matter of law.

[2] To be relevant, the proposed testimony must be «sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute.»

There was a factual dispute as to the reason for his dismissal.

This was identical to the approach taken by the majority in Scott on the question of where summary judgment is appropriate, despite an assertion of a factual dispute.

Factual disputes can be thorny, and there are thousands of tweets posted every second, in numerous different languages.

As there was a factual dispute as to how the model home was used, the court declined to further rule for either party on this issue.

New York court reverses lower court decision in favor of broker because of a factual dispute in a case where an individual fell during a showing and then brought a lawsuit for her injuries.

An informal hearing means that no facts are in dispute and that a formal hearing and an administrative law judge are not necessary to resolve any factual disputes.