Sentences with phrase «factual issue as»

Since there was a factual issue as to who opened the curtains and potentially caused the injury, the court ruled the trial court had improperly entered judgment.

Not exact matches

When Colbert starts tweeting lies about that very politician and then claims they are not meant as factual statements it gives you a better sense of the real issue.

Lewontin, a Marxist whose philosophical sophistication exceeds that of Sagan by several orders of magnitude, came to see the issue as essentially one of basic intellectual commitment rather than factual knowledge.

In brief: Such websites point to logical and factual flaws in the writings of the Intelligent Design movement and take issue as well with their intellectual honesty — as when, ever eager to write the obituary for Darwinian theory, they fail to acknowledge progress in evolutionary biology.

The issue is really the factual one as to the possibility of articulating philosophically a conception of God with which our encounter - knowledge is compatible.

Talking about wine problems, quality issues can sometimes be perceived as negative, his presentation will be all about arming you with factual information to try and ensure you are wise before you ship rather than afterward.

After correcting the false statements, the scholars also asked the survey's respondents if they were less likely to support Trump as a result — but found the candidate's factual issues were largely irrelevant to the respondents» voting choices.

Their concurring in part and dissenting in part opinion argued: (1) the court should not have reached the issue because: «n reaching the merits of the Section 10 challenge, the court ignores the fact that the Duncan complaint (which raised the Section 10 challenge) was dismissed by the district court for failure to state a claim under NRCP 12 (b)(5);» and (2) the issue is one of first impression, which the justices, in dissent, said is «not as well - defined and easily resolved as my colleagues suggest,... the proper action here, had a majority of this court not determined that SB 302's funding is unconstitutional, would be to remand this matter to the district court for further proceedings and factual development as to this claim.»

(b) If, as a service agent, the Department issues a PIE concerning you, the PIE applies to all your divisions, organizational elements, and types of services that are involved with or affected by the noncompliance that forms the factual basis for issuing the PIE.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix of the contract.

The case's procedural history is very complex (the Advocate General referred to it as either Kafkaesque or tilting windmills like Don Quixote, depending on your point of view), so after only a brief factual discussion I will focus on the two major constitutional issues that the Court had to deal with:

A detail as simple as whether or not it was dark outside at the time of the incident at issue can make a huge factual difference in a case that ultimately will end up in trial.

Any material which paints the private prosecutor as someone other than a dispassionate Minister of Justice — as motivated by greed or too easily controlled by his client — could make an important difference to how the factual issues are ultimately judged.

The penalties and consequences of a conviction can be severe, and when issues such as hydro - bypass and utilities fraud are added to existing charges, the need for counsel who understands the complex legal and factual issues at hand is even greater.

However, the «reasonableness standard» is to be applied to decisions which involve questions of fact, discretion and policy, as well as questions where the legal issues can not be easily separated from the factual ones.

The first issue clarified by the Court is whether the decision to extend the period of detention should follow the same requirements as the initial decision to place an irregular migrant in detention (Article 15 (2) Returns Directive), meaning that the decision should be in writing and stating the factual and legal reasons.

Whether or not as a consequence of the increasingly important factual components of commercial contracts, by the mid-1990s the English courts clearly felt the need to put to one side the proposition that the issue in hand was simply one of law.

The court is under a positive duty to consider whether domestic violence is raised as an issue and when it is must identify the factual and welfare issues involved and decide how best to determine them.

An interesting ruling in the Administrative Court this week touches on some issues fundamental to public law — the extent to which «macro» policy (such as EC law) should trump principles of good administration; the role of factual evidence in judicial review proceedings, and the connection between public law wrongs and liability in tort.

Although Markman assigned claim construction to the trial judge, it did not expressly state whether factual findings subsumed in that issue are subject to de novo review (as normally would be the case for legal rulings) or to review for «clear error» (as normally would apply to judicial fact findings).

I propose to deal with both of these issues together as the factual basis is somewhat related.

Orthogonal to coaching, a lawyer might well wish a client to research factual issues, especially anything the client has some experience with, to help identify facts the lawyer might not know to as about, and especially to exclude researching blind alleys from becoming part of the lawyer's more expensive efforts.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix.

We serve as national counsel to many clients and achieve cost - effective litigation management by knowing each client's business and industry, understanding recurring factual and legal issues in the litigation facing each client and creating a strategic approach that is uniformly applied.

To the extent that Apple's opening presentation references past events in which Steve Jobs was the protagonist, such as major product launches, there may be a factual basis for showing some of the pictures Samsung objects to, though the court might also agree with Samsung that» [t] he use of Mr. Jobs» image in these slides is not relevant to the specific intellectual property rights at issue in this case».

The Court felt a factual determination was necessary to resolve issues as to what is a normal workload in the industry, what was the record as to CTC's intent in using Torres, and ultimately whether Torres was «furnished» to meet «short - term workload conditions.»

Given our trial experience in this area, we are also fully conversant in related factual issues, such as product testing, remediation, neuropsychological damage and alleged brain damage.

Since the majority frames the issue as a dispute over the interpretation of a contract, and the factual matrix surrounding the making of the settlement contract was not materially in dispute, it is possible to conclude the record before the Chambers Judge was not deficient:

The calculus in approaching or avoiding the Ombudsman should be based on a variety of factors, such as, the financial strength of the project and its potential or actual job - creation activities; the factually - demonstrable urgency in receiving an adjudication; the presence or absence of red - flag factual or legal issues; and the likelihood that the particular case presents issues that, once resolved, would benefit multiple EB - 5 stakeholders, and thereby allow the Ombudsman to husband its scarce resources, and get more bang for its intercessory buck; and other relevant considerations.

It is important to recall that, as the ONCA set out, the factual issues before the Ontario court «transcend» the direct interests of the children involved to the overall interest of «countless other children and their parents» (at para 83).

An error is overriding if it is «so serious as to be determinative when assessing the balance of probabilities with respect to that particular factual issue»».

Given that the issue was whether the complainant could, as a matter of law, consent in advance to sexual activity that would occur while she was unconscious, the dissent's focus on the factual existence of consent seems misplaced.

One of our experienced Collin County criminal defense attorneys can review your case and determine if there are any factual defenses, or legal defenses such as suppression issues, and help you resolve your case, whether that is through a trial, plea or other arrangement.

As unfair prejudice petitions generally raise numerous factual issues entailing examination of events over a considerable period of time, a high degree of case management is required.

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.

Where, like here, the matter involves the interpretation of a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to a correctness review.

Obtain information about likely opponents, the judge (or venue), significant substantive, procedural, and factual issues, and comparable matters handled outside the firm as well as inside.

I've not spilled quite as much real ink (online is different) about the recent SCC decision in Resurfice v. Hanke which has one of those «out of the blue» pronouncements of law that had nothing to do with the disposition of the issues in case: the SCC's declaration that fault and increased risk may sometimes be enough to satisfy tort's causation requirement, even though the injured person can not establish, on the balance of probability, that the fault was a (factual) cause of the injury.

Beginning with my five - year tenure as a federal law clerk and continuing as a member of the firm's Litigation practice group, I have had valuable and extensive experience presenting complex legal and factual issues clearly and concisely.»

It seems to me that it is an other way of expressing the remoteness problem, but I struggle to come up with a factual example that you could not brush aside easily as a «standard of care» issue dressed up as causation (the liability of the person who left the paper in the wastebasket, for example)

Further and in the alternative, assuming that the defendants could in fact properly bring a Summary Judgment motion, Master Haberman also denied the right to cross-examine on the basis that cross-examination would only relate to the issue of costs in the action and that costs did not feature as either a legal or factual issue in the Summary Judgment motion.

We also haven't seen any cases where a judge said that he or she, before Resurfice, would have found the factual causation issue in favour of the plaintiff using Athey material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the facts, must find the plaintiff failed to establish factual causation on the balance of probability.

Often, document reviewers are attorneys who understand the legal and factual issues in the litigation and are able to make the necessary judgment calls as to privilege and responsiveness.

As previously discussed, the Town's decision to require the appellant to leave the premises and issuing a prospective trespass notice, were premised on factual errors.

An Equity Research Associate does the same job as an Equity Research Analyst in producing factual reports based on the review of stocks, bonds, and other financial instruments, though the Associate may cover less companies and issue less reports each quarter than the Analyst.

Use various factual contexts as a way of triggering issues.

Professor Meier's position on «alienation» as a factual behavior is not really at issue here — but she has long stated that «alienating» behaviors certainly exist (indeed, men who abuse women and children are often skillful and aggressive in their denigration of the other parent to the children).

«Although appellant argues that this case presents an issue of first impression because the family court relied on «parental alienation syndrome» as a factual basis for assuming jurisdiction, we believe that petitioner properly responds that the family court's factual findings are amply supported by the record and that the term «parental alienation syndrome» is merely a way of describing appellant's actions as they related to the circumstances of this case.

identification of priority cases for trial that could act as lead cases for a region by resolving legal questions or factual issues of general application.

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