Sentences with phrase «factual situations»

Each Case Interpretation contains detailed factual situations and arrives at a conclusion based on all determined facts of the particular case.

When courts or legislatures do address the principles for adjudicating child custody disputes, they often act without close attention to factual complexity, empirical evidence, or respect for generally prevailing principles of lawmaking... [An] example of thoughtless action in the custody area occurred in the 1980s when several jurisdictions adopted a strong preference for joint custody... [T] he presumption for joint custody was adopted without careful attention to empirical evidence or diversity of factual situations....

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

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.

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

Judge Jack QC, as he then was, held that: the effect of CA 1985, s 311 — a matter of law — gave rise to factual situations which were the losses, past and future, suffered by the claimant and that it was the latter knowledge which was relevant; and the concept of being deemed to know the law could have no application to circumstances in which advice on the law was being sought — «no action for negligent advice on the law could otherwise succeed».

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

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

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.

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

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.

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;

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.

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.

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

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

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

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

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

The power of the television industry has acted in this way to shape the public perception of American religious life and culture, not so much by the creation of a particular phenomenon, but by the selective promotion of one particular expression over another in a way that distorts the factual situation.

As actual fact is thereby brought into juxtaposition with the realm of possibilities, relevant, but novel, possibilities for that factual situation emerge into important contrast with what has in fact occurred.

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

(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.

Colors usually do not correspond with the factual situation, which makes his still life paintings among the first modernist ones of the 20th century.

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

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.

Cases vary so infinitely that it is not always easy to apply to one factual situation the decision in another very different factual situation.

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.

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

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.

As the CAC commented, the factual situation in this case was very different from the Uber case.

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.

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.»

The factual situation in this case was unusual.

Depending on the factual situation, some negligence claims may include negligent hiring of employees, building and / or equipment maintenance or neglect in resident care.

A knowledgeable Maine motorcycle injury attorney can evaluate your particular factual situation to see whether it is appropriate to bring a lawsuit.

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

If you go to an attorney under that factual situation and they quote you an unrealistically high fee to accept you as a client, it means one of two things:

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

«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.»

She also concluded that the termination of support was based on the factual situation at the time and that any spousal support claimed in the future «would have to be considered in accordance with the terms of the Agreement and those terms must be in keeping with the aims of the Divorce Act, section 15.2 (6).»

You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have.

Indeed, in Zabala Erasun (C - 422 / 93) under a very similar factual situation (Spanish government wholly acquiesced to the claims of the petitioner), the referring national court retained the request for preliminary ruling as it considered it generally important, but the Court of Justice replied that ``

We have the following understanding of the underlying factual situation, which we would propose to reflect in any article that may be published.

If you go to an attorney under that factual situation and they quote you an unrealistically high fee to accept you as a client, it means one of two things:

What these cases also show is just how important the factual situation is in affecting the outcome of any case involving parental alienation.

«My plea is for is lawyers representing fathers in situations like this to do a thorough analysis of the factual situation on the ground, and characterize your case as a preservation of status quo,» Colman adds.

The bringing together of several lawsuits or several parties all in one lawsuit, provided that the legal issues and the factual situation are the same for all plaintiffs and defendants.

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.