Sentences with phrase «factual issues which»

Not exact matches

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.

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.

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.»

(f) The application of a PIE is not limited to the specific location or employer at which the conduct that forms the factual basis for issuing the PIE was discovered.

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.

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.

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.

Firstly, legal writing involves often - complex subject matter, which takes many diverse and varied sources of information, i.e. statutes, ordinances, court rulings, and rules of procedure, and offers analysis and application of said statutes, ordinances, court rulings, and rules of procedure to a discrete legal or factual issue.

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 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.

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.

This passage and the factual findings issue on which it was based need further examination on another day.

However, the only «principles» that he could have been referring to are (a) those which describe the nature of the evidence that was required for a valid decision on the issue of whether the nurses» negligence was a factual cause and, then, (b) what test to use to decide if the evidence is sufficient on the balance of probability.

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.

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».

Judge Bans Handing (Factual) Pamphlets To Jurors; Raising First Amendment Issues Apparently, there's a group called the Fully Informed Jury Association (FIJA)-- which seems like a pretty good idea.

Among the other premium features you will find on this free service are our one - of - a-kind Personal Graph of your vLex Canada research history which, when combined with the power of our intelligent case recommendation engine, offers pathways to content with strong connections to the factual and legal issues of the cases you've seen.

A Country Guidance case is one in which the Upper Tribunal (UT) issues authoritative guidance on the situation in a particular country, based on a detailed assessment of expert and factual evidence.

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.

On the other hand, reasonableness is normally the governing standard where the question: (1) relates to the interpretation of the tribunal's enabling (or «home») statute or «statutes closely connected to its function, with which it will have particular familiarity»; (2) raises issues of fact, discretion or policy; or (3) involves inextricably intertwined legal and factual issues.

There are BCCA decisions which suggest that where the parties have lead expert evidence on the issue of factual causation — certainly where both sides do, perhaps even where just one side «leads» the evidence, the robust and pragmatic approach can not be used.

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.

Reviews by the NNTT threaten to create even greater confusion by enlarging the role of the NNTT to include quasi-judicial investigations into the factual and legal issues at the heart of a native title claim, the determination of which is, appropriately, the sole domain of the Federal Court.

It constitutes part of the factual matrix or background against which the legislation in issue in this appeal should now be considered and interpreted.

The Commission notes that it has not provided definitive pronouncements of whether particular practices which may be relied upon in criminal matters, for example, will be capable of being recognised consistent with human rights on the basis that this will require a consideration of the factual situation at issue in the particular case.