Sentences with phrase «factual issues in»

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.

It is the time where the legal team can begin to gain a greater understanding of the factual issues in a case and where legal strategies can emerge and begin to develop based on the type of information that is found in the collection of documents.

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).

Although the Court did not rule on the factual issues in dispute involving «reasonable excuse» and «prejudice» and could not do so in the absence of a full evidentiary record, there was commentary with respect to the concepts of «reasonable excuse» and «prejudice.»

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.

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.

Not exact matches

The firm has been an innovator in organizing and prosecuting individual class cases across many states involving the same defendants and similar factual and legal issues.

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 biologIn 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 biologin 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 biologin evolutionary biology.

Out of the thousands of factual statements in each issue, that is not many.

No matter how many times you try to smokescreen with different issues, you have not once shown any factual evidence where you can say to me «here it is in black and white that Wenger lied».

And secondly no matter how you call the true Arsenal fans who have decided to be less sentimental and face our issues the way they really are, evil, or draft this kind of well scripted article to defend Wenger and his philosophy, it will not change the fact that we have not won the EPL in over a decade and Wenger's approach has not worked and there nothing more factual than that.

Presenting issues like privilege in a factual way at home is a lot easier on kids than leaving them to figure those things out for themselves when they're older, have more misconceptions to overcome, and are less protected from the consequences of their interpersonal missteps and mistakes.

Also speaking at the occasion, Dr. Uju Agomoh, former Executive Director of Prisoners» Rehabilitation and Welfare Action (PRAWA) encouraged members to generate forward looking issues that are rich, purposeful, focused and factual in order to attract needed attention from stakeholders.

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.

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.»

A good copyeditor will point out where you may have a copyright concern or factual error, but he or she won't be able to point out every single potential issue, and giving your manuscript another sweep with these sorts of issues in mind is your responsibility and no one else's.

Requiring this case to be litigated on an individual basis would risk disparate results in nearly identical suits and exponentially increase the cost of litigation... Class action, by contrast, would achieve economies of time and effort, resolving common legal and factual issues «without sacrificing procedural fairness or bringing about other undesirable results.»

Re # 200, Tony, I say the public perception is generally (60 - 80 % of the general population) informed and influenced in their opinions of issues by the media rather and hence that story told by that reporter needs to be factual and not just a political one to suit the agenda of people who only wish to hear what they can find to back all their already distored version of the truth of the matter.

Unsurprisingly, the survey confirmed climate change to be a largely politicized issue, viewed too often along party lines instead of according to factual analysis (and both parties are guilty of this, in different ways — there are plenty of liberals who proclaim their allegiance to the fight against global warming without a basic education on the issue).

I do find it interesting to explore a basic factual question that is embedded in an intense ideological issue.

The reply also confirms the accuracy of virtually all of my factual assertions about the likely change in pH, the natural variation in pH and other issues, including the involvement of a Greenpeace ship in a research project.

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.

... We've also participated in a pilot project to measure public opinion about the global warming issue and to see if a factual, science - based public information campaign can have an impact.

From the November 19, 2009, New York Times and Washington Post front - page initial news reports of hacked e-mails from the University of East Anglia (a place up until then unlikely to find itself on American newspaper's front pages)... to subsequent findings of a silly factual mistake in the IPCC's Fourth Assessment forecasting disappearing Himalayan glaciers just 25 years from now... to the disappointments of last December's international negotiations in Copenhagen... to data pointing to growing uncertainty and confusion on the climate change issue in the minds of many Americans and their public officials....

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.

Maybe it would be open on the evidence for the trier of fact to make that inference, but it wouldn't amount to a hill of beans, even a campfire's worth, unless the inference was of a necessary connection in which case «substantial» is meaningless, if the issue is factual causation which is clearly what's referred to in para. 10 of Clements.

Each student selects a legal issue, hypothetical or otherwise, to research, and then finalizes the formulation of the issue and any factual matrix in consultation with me.

«The certification motion was straightforward only in the sense that there were no complex factual and legal issues and no expert evidence filed,» he wrote.

While the factual circumstances may no longer prevail and indeed because of other safety nets put in place since then it is unlikely to be repeated, there were other legal and regulatory issues in the case that await final resolution.

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.

The attorney must do so by remaining regularly engaged in the expert's work, by educating everyone involved in the e-discovery workup about the legal issues in the case, the factual matters impacting discovery, including witnesses and key evidentiary issues, the obligations around discovery imposed by the law or by the court, and of any relevant risks associated with the e-discovery tasks at hand.

Three - week hearing in the summer of 2012 considering wide - ranging factual and expert issues including technical evidence in relation to «horizontal directional drilling», metal fatigue and project management.

Our Macon business litigation lawyers will carefully review the factual and legal issues in your case and explain your legal options.

rolled through the U.S. legal community when Harvard Law Professor Richard J. Lazarus published his study — and Adam Liptak reported it in The New York Times — revealing that the Supreme Court sometimes quietly revises its opinions years after they were issued, sometimes in ways that result in «truly substantive changes in factual statements and legal reasoning.»

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.

In that sense, the STL is selective in that it favours certain undertakings which are in a comparable factual and legal situation in the light of the objective pursued by the measure at issuIn that sense, the STL is selective in that it favours certain undertakings which are in a comparable factual and legal situation in the light of the objective pursued by the measure at issuin that it favours certain undertakings which are in a comparable factual and legal situation in the light of the objective pursued by the measure at issuin a comparable factual and legal situation in the light of the objective pursued by the measure at issuin the light of the objective pursued by the measure at issue.

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).

In cases involving complex factual or legal issues, it may take a long time for depositions, expert reviews and documents to be exchanged and evaluated by the parties.

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

If domestic violence has been an issue, there are restraining orders that are or have been in place, there are abuse or neglect allegations present (including emotional abuse of a spouse or children), or the co-parents have had trouble coordinating and reaching decisions without outside assistance, be prepared to explain these situations in factual detail so you can avoid summarizing the situation in a vague way.

In particular, rule 32.2 was updated to give the court the power to give directions «identifying or limiting the issues to which factual evidence may be directed», «identifying the witnesses who may be called or whose evidence may be read» and «limiting the length and format of witness statements».

There's at least a half - dozen, maybe more, cases released since March 2007 in which the lawyers have argued about factual causation, and the judges have written reasons dealing with factual causation issues, not mentioning the SCC's decision in Resurfice v Hanke 2007 SCC 7 and clearly argued and decided based on the case law predating Resurfice.

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.

[12] On appeal before this Court, Beaver took no issue with certain factual underpinnings of the injunction, namely that apart from the agent issue, he had been practicing law in contravention of both his undertakings and the Act.

But they go on to say that the attorney must remain regularly engaged in the expert's work and educate everyone in the case involved about the legal issues in the case, the factual matters impacting the case, witnesses, evidentiary issues, all of that stuff the lawyer has to stay on top of that.

The article also states: ««The issue turns on the fact that there was no explicit finding of factual innocence in the case,» Mr. Robins told The Canadian Press Wednesday.»

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.

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.