Sentences with phrase «factual issues»

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.

We are well - versed in the complex legal and factual issues surrounding causation that arise in a lead paint case.

While judges of the court are obviously qualified to deal with legal issues in general, they are not always experienced in dealing with the often technical factual issues at play in construction disputes.

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.

The discrete factual issues were predictable from the wife's point of view.

The Court of Appeals of Georgia partially affirmed and partially reversed the trial court, sending part of the case back to the trial court for resolution of factual issues by a jury.

The long - term impact of this statement will need to observed, to see whether PTAB rulings on factual issues are given preclusive effect in subsequent federal court litigation.

Yet it is significant that the dissenting judge came to a different conclusion from that of the majority about the key issue factual issue as determined by the panel, i.e., whether the registration ran afoul of section 2 (a) at the time the mark was registered.

(d) In cases where there are material factual issues in dispute, the Director or his or her designee may conduct additional fact - finding.

7.5 RULE: WCAT will normally grant the appellant's request for an oral hearing where the appeal involves a significant issue of credibility, where there are significant factual issues in dispute, and / or where there are other compelling WCAT reasons for convening an oral hearing (e.g. where an unrepresented appellant has difficulty communicating in writing or in English).

Even if they get past the procedural hurdles, substantial factual issues concerning accountability costs will impede their journey.

His decision found that the complaint presented «legal and factual issues not appropriate for resolution at this motion to dismiss stage.»

These decisions of both the B.C. Supreme Court and the Federal Court are, however, puzzling, as complex factual issues are not beyond judicial review processes.

A trial judge may assist litigants by directing them away from irrelevancies and indicating what issues are determinative of the matter, or by asking the litigant to focus their questioning of witnesses on legally relevant factual issues.»

With those insights in mind, the Ontario Court of Appeal had set out general guidelines on the types of cases that were suitable for summary judgment: cases that were document driven, with few witnesses and limited contentious factual issues would be suitable.

For factual issues or questions about how the law applies to a particular set of facts, the Act does not allow appeals unless the arbitration agreement provides for it.

This enables the reader to set aside the modernistic impulse to either critique or explain away factual issues of the text in an effort to allow the text to transform.

Smith said this allows cases with similar factual issues and evidence to remain on the same track, but doesn't negate the separate lawsuits.

Complex legal and factual issues demand that lawyers are thorough and diligent in requesting and obtaining financial information, in undertaking discovery processes and protecting a client's assets and position.

By concentrating entirely on defending individuals accused of crimes, we are able to devote the time and resources necessary to obtain a deep understanding of the legal and factual issues facing those accused of a crime.

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.

The judgment considers the boundary between the competence of national courts over factual issues and the competence of the Court of Justice of the European Union over issues of EU law.

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.

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»».

[47] Further, where there are factual issues arising from the evidence that call into question the probability of the accounts offered by the parties, it is unjust to resolve the matter on a summary trial... (Swiston v. British Columbia (Transportation Investment Corporation), 2018 BCSC 640)

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.

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's just not practical to try to adjudicate factual issues on appeal, most of the time.

If it hinges on a close factual issue, however, a jury could resolve that question.

Regarding the claim of discrimination in terms / conditions, the court found that factual issues precluded summary judgment.

The court found these were factual issues which were appropriately resolved by the bankruptcy court and so the court affirmed the bankruptcy court's determination that the Buyer's violation of the automatic stay was not willful.

In her dissenting opinion, Circuit Judge Pauline Newman offers an interesting historical review of the right to a jury trial on these sorts of factual issues.

(a) If the decision is not to issue a PIE, a statement of the reasons for the decision, including findings of fact with respect to any material factual issues that were in dispute.

Acted for a UK incorporated consultancy against a US software group (serving the energy and commodity sectors) in a Commercial Court claim for termination and other payments under a consultancy agreement, involving difficult issues of contractual construction and complex legal and factual issues concerning precisely when and how the agreement was terminated.

The judge's refusal to dismiss the claims of trademark dilution was based on his finding that the complaint presents «legal and factual issues not appropriate for resolution at this motion to dismiss stage.»

Complex legal and factual issues surround these claims.

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.

Russell's cases regularly involve complex factual issues and allegations of fraud.

Doing this effectively requires collaborating with: individuals with direct knowledge of the relevant legal issues; individuals with direct knowledge of the relevant factual issues; and, individuals with direct knowledge of the organization's individual and enterprise IT resources.

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.

Let's sidestep the factual issue, since the facts are currently disputed - if the troops and military vehicles seen in Crimea belong to a regular military of any other country than Ukraine, it seems that it automatically implies:

«I think this is sort of a factual issue,» said David Jones, president and CEO of the society and an MTA board member.

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.

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.

(2) A statement of the reasons for the decision, including findings of fact with respect to any material factual issues that were in dispute;

Panelists will wade through legal requirements, ethical arguments, factual issues, and the potential long - term impacts of filtering.