Sentences with phrase «factual situation»

Article 5 had fallen to be considered in a very wide range of factual situations.

For more specific, comprehensive and up - to - date information, or for help with particular factual situations, you should seek the opinion of legal counsel licensed in your state.

Must be able to apply sound judgment beyond a specific set of instructions and apply knowledge to different factual situations.

This article is not legal advice and should not be construed as applying to specific factual situations.

• Only 6 had publicly available, regularly updated, factual situation reports detailing their activities.

The former requires a positive action on behalf of a recipient, while the latter arises in certain factual situations.

We urge you to consult an experienced lawyer concerning your particular factual situation and any specific legal questions you may have.

This post should not be construed as legal advice or as pertaining to specific factual situations.

• The vast majority — 128 — did not have factual situation reports available on their websites, relying instead upon anecdotal descriptions of activities or emotional appeals.

Given a particular factual situation on a law school exam, the highest grade goes to the student who can spot the most issues and describe the most number of potential legal arguments, both pro and con.

1) Circular causation involves factual situations where it is impossible for the plaintiff to prove which one of two or more possible tortious causes are the cause of the plaintiff's harm;

The silver lining in this decision is that the application judge restricted his decision to the particular facts of the case before him, explaining that «this ruling is meant to apply only to the narrow factual situation before the Court; it is not to apply more broadly to allow any insured to obtain interest on amounts left unapplied for after 104 weeks.»

2) Dependency causation involves factual situations where it is impossible for the plaintiff to prove if a third party would have taken some action in the face of a defendant's negligence and such third party's action would have facilitated harm to the plaintiff;

(23) In order to protect the health of infants, the rules laid down in this Regulation and in particular those on labelling, presentation and advertising, and promotional and commercial practices should continue being in conformity with the principles and the aims of the International Code of Marketing of Breast - milk Substitutes bearing in mind the particular legal and factual situation existing in the Union.

Mindful of the fact that there was no direct authority specifically in point, and acknowledging that this was a different factual situation from Spring, the judge was nevertheless of the view that the three-fold test set out in the leading case of Caparo Industries Plc v Dickman & Ors [1990] 2 AC 605, [1990] 1 All ER 568 could be applied to the facts of the case.

No doubt there will be further litigation to test which factual situations amount to «unfavourable treatment» and which will not.

Alimanovic gave the Court the opportunity to clarify the application of this principle in the more complicated factual situation of an EU citizen who applies for social benefits after having worked for 11 months.

Rather, its conclusions should be informed by the overarching purposes of the statutory scheme, the context presented by individual cases, and the tribunal's experience applying the provisions of the CHRA to diverse factual situations.

«He has a very high intellect and is capable of mastering very complex factual situations.»

«One could scarcely imagine a more correspondent set of remedies as damages for fraudulent breach of contract and equitable compensation for breach of fiduciary duty in relation to the same factual situation.»

A recent decision of the Japanese Supreme Court shows the conflict between the desire to protect factual situations altered by the wrongful removal or retention of a child, and that of guaranteeing respect for the legal relationships which may underlie such situations.

The law should also include an additional criterion giving broader authority to the courts to account for other factual situations, such as, «other indicia of objective baselessness» or «other indicia that no reasonable person would have considered their potential case to have merit.»

Given the fact that wrongful death can occur in a wide array of factual situations, a Louisville wrongful death lawyer will conduct a detailed investigation of the circumstances and develop a strategy designed to maximize available compensation.

In two cases, the Second Circuit Court of Appeals sought to translate Supreme Court decisions to different factual situations.

You should consult with Aswani K. Datt directly with your particular factual situation for advice concerning specific matters before making any decision.

A candidate shall possess a high degree of knowledge of established legal principles and procedures, and have demonstrated a high degree of ability to interpret and apply the law to specific factual situations.

I have recognized that my account of the factual situation is not derived from the Bible.

The factual situation seems to be that we differ widely as to what future appears relevant to us.

This is a historical fallacy and it is not supported by any historical or factual situation.

Demonstrates the ability to apply specific judgement beyond a specific set of instructions and apply knowledge to different factual situations.

Often in response to requests from individuals or entities, agencies will respond to requests for interpretation of particular regulatory or statutory provisions, sometimes in response to particular factual situations, and generally by letter.

However, such parties must ensure that the factual situations are appropriately similar to justify reliance.

Lisi Raskin, a Brooklyn - based artist, often juxtaposes a highly personal worldview with a factual situation that has palpable political implications.

In Lisi Raskin's work, a highly personal worldview is often juxtaposed with a factual situation, with palpable political implications.

In this case, the Court considered whether the family member who claims to be a «dependant» of an EU citizen can be required to produce documents which would prove that there is a factual situation of dependence.

the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation.

This was the factual situation in A.B. by her Litigation Guardian, C.D., v Bragg Communications.

Applicants had to fulfill the conditions contained in the (in) famous Plaumann judgment: an act of general application had to affect «them by reason of certain attributes peculiar to them, or by reason of a factual situation which differentiates them from all other persons and distinguishes them individually in the same way as the addressee of a decision» (the Plaumann formula).