Sentences with phrase «factual record at»

The Log Cabin Republicans» reply brief Friday said that the Justices» review of that case was opposed by the other challengers based on the argument that the Court should await the development of a full factual record at a trial on the policy's constitutionality.

Not exact matches

I suppose if we could revisit ourselves in a thousand years, look at the historical recordings of ourselves, we will see there are factual basis, but sprinkled with human interpretation of our present time now by those who have appointed themselves as the keepers of what we do, just as the recordings of the Bible were done by those appointees trying to capture there presnt now... yet sprinkled with their best interpretation of what they new then.

At the same time, the court deferred ruling on the bar's claim that LegalZoom is engaged in unauthorized practice, concluding that a more extensive factual record is required in order to explain questions such as how LegalZoom's process prepares complex documents for its customers.

In the context of «social and legislative facts» — meaning facts about society at large — opinion evidence becomes all the more menacing, because it is all but impossible to cross-examine the expert against a clear factual record.

Second, for the CLP to deny that a contract had been created was contrary to its own factual conclusions and the evidence in the record (at para. 50).

[15] In this regard, I consider this kind of factual evidence to be analogous to those matters described by Madam Justice Garson as being «more in the nature of observations» as opposed to inferences having complex interpretive or diagnostic components when she described how their inclusion in records sought to be admitted as business records did not offend Rule 40A in Egli v. Egli, 2003 BCSC 1716 at para. 25 which was relied on by the defendant in submissions.

[46] It is important to note that the determination as to whether public policy should intervene to render the exclusion clauses unenforceable should take place after the factual record is established, at which time the trial judge will be in a position to carefully examine whether there are public policy reasons to decline to enforce the liability exclusion clauses: Tercon, para. 119.

«The subject matter of the complaint being serious and complex, I agree that it should not be determined in a summary fashion and in the absence of the factual record necessary to fully appreciate the matters in issue»: at 5.

Overall, the lesson these cases provide is that, at least in contested sentencing matters, the Crown is moving towards a practice of placing extensive factual records of all potentially aggravating factors before the courts.

The air of reality test requires trial judges, taking the proposed evidence at its greatest strength, to determine whether the record would contain (by quotation) «a sufficient factual foundation for a properly instructed jury to give effect to the defence».

However, while the court was able to answer the question of law presented in the certified question, the record of the case at bar was not sufficiently developed for the Illinois Appellate Court to determine the application of that law to the factual circumstances presented in the case.

It's always been done that way, and until the absoluteness, by definition, of TERMINOLOGY is addressed, using factual definition terms, then according to all record keeping and forms (which need to be changed and updated to match the permissions arena), the sale price agreed to becomes the SOLD price (as negotiated for, typically at closing)... not necessarily the closing price in the end.