Sentences with phrase «find as a matter of law»

The Court «did not find as a matter of law, that the entire [Joyner] designating petition is permeated with fraud.»

Not exact matches

So the laws of matter, while they can of course and should be studied and unravelled from the point of view of material science, will only find their full perspective and interpretation in the highest synthesis of all - the Incarnation and the gathering of things under Christ as Head.

«The court of trial must as a matter of law discharge him because it has no business scanting for evidence that is nowhere to be found.

As the legislative leaders correctly pointed out, at the end of the day what matters is whether that rhetoric meets the reality found in new laws.

Here's a recent example from The New York Times: «Samuel Ting, a professor at the Massachusetts Institute of Technology and a Nobel laureate particle physicist, said Wednesday that his $ 1.6 billion cosmic ray experiment on the International Space Station had found evidence of «new physical phenomena» that could represent dark matter, the mysterious stuff that serves as the gravitational foundation for galaxies and whose identification would rewrite some of the laws of physics.»

With 755 horsepower the 2019 Chevrolet Corvette zr1 is the most powerful Corvette ever it's also the most technologically advanced behind me are the rolling s's at Road Atlanta and we're here to see if we can reach to the supercar levels of performance afforded by this thing's massive power big tires and the tall wing on the back after that we'll take to the streets to see if a car this powerful can behave itself in public this is a monster of a car I've had some brief track opportunities moving this morning to get used to the pace of this machine which is phenomenal we're gonna warm up as we get out to the road Atlanta and sort of build up to the pace that this car can operate at now initially when you hop in this car you have this shrine to the engine right above you you see the line of the hood it kind of dominates the center of the view you can see over it it doesn't affect visibility but it's immediately obvious and that kind of speaks to what makes this car special it's a monster of an engine listen to that [Music] that is tremendous tremendous acceleration and incredible power but what I finding so far my brief time here at the Atlanta is that everything else in the car is rut has risen to match hurt me while I lay into it on the back straight look you know 150 mile - an - hour indicated we're going to ease up a little bit on it because I need to focus on talking rather than driving but like I was saying the attributes of the rest of the car the steering the braking capability the grip every system of this car is riding to the same level of the power and I think that's what makes it really impressive initially this is undoubtedly a mega mega fast car but it's one that doesn't terrify you with its performance potential there's a level of electronic sophistication that is unparalleled at this price point but it's hard not to get you know totally slipped away by the power of this engine so that's why I keep coming back to it this car has an electronically controlled limited slip differential it has shocks filled with magnetically responsive fluid that can react faster to inputs and everything this car has a super sophisticated stability control system that teaches you how to drive it quick but also makes you go faster we haven't even gotten into exploring it yet because the limits of this car are so high that frankly it takes a while to grow into it but [Music] I think what's impressive about this car is despite how fast it is it is approachable you can buy this car to track dates with it and grow with it as a driver and as an owner I think that's a really special [Music] because you will never be more talented than this car is fast ever unless you are a racing driver casually grazing under 50 miles an hour on this straight okay I'm just going to enjoy driving this now [Music][Applause][Music] this particular Corvette zr1 comes with the cars track performance package a lot of those changes happen underneath the sheet metal but one of the big differences that is immediately obvious is this giant carbon fiber wing now the way this thing is mounted is actually into the structure of the vehicle and it makes you know loading the rear hatch a bit more difficult but we're assuming that's okay if you're looking for the track performance this thing delivers also giving you that performance are these Michelin Pilot Sport cup tires which are basically track oriented tires that you can drive on the street but as we wake our way to the front of the thing what really matters is what's under the hood that's right there's actually a hole in the hood of this thing and that's because this engine is so tall it's tall because it has a larger supercharger and a bunch of added cooling on it to help it you know keep at the right temperature the supercharger is way larger than the one on the zo six and it has a more cooling capacity and the downside is it's taller so it pops literally through the hood the cool thing is from the top you can actually see this shake when you're looking at it from you know a camera from the top of the vehicle this all makes for 755 horsepower making this the most powerful Corvette ever now what's important about that is this not just the power but likewise everything in the car has to be built to accommodate and be able to drive to the level of speed this thing can develop that's why you had the massive cooling so I had the aerodynamics and that's why I had the electronic sophistication inside [Applause] we had a lot of time to take this car on the track yesterday and I've had the night to think about things Matt today two crews on the road and see how this extreme performance machine deals with the sort of more civil minded stuff of street driving the track impressions remain this thing is unquestionably one of the most capable cars you can get from a dealer these days a lot of that's besides the point now because we're on the street we have speed limits they have the ever - present threat of law enforcement around every corner so the question is what does this car feel like in public when you slow this car down it feels like a more powerful Corvette you don't get much tram lining from these big wheels though we as the front end doesn't want to follow grooves in the pavement it is louder it is a little firmer but it's certainly livable on a day to day basis that's surprising for a vehicle of this capability normally these track oriented cars are so hardcore that you wouldn't want to drive them to the racetrack but let's face it you spend more time driving to the track than you do on the track and the fact that this thing works well in both disciplines is really impressive I can also dial everything back and cruise and not feel like I'm getting punished for driving a hardcore track machine that's a that's a really nice accomplishment that's something that you won't find in cars that are this fast and costs maybe double this much the engine in this car dominates the entire experience you can't miss the engine and the whole friend this car is sort of a shrine to it the way it pops out of the hood the way it's covered with coolers around the sides it is the experience of this car and that does make driving this thing special and also the fact that it doesn't look half bad either in fact I think it has some of the coolest looking wheels currently available on a new car this car as we mentioned this car has the track package the track package on this car gives you what they call competition bucket seats which are a little wide for my tastes but I'm you know not the widest person in the world this automatic transmission works well I mean there's so much torque again out of this engine that it can be very smooth and almost imperceptible its clunky on occasion I think I'd might opt for the manual although Chevy tells me about 80 % of its customers will go for the automatic I don't think they're gonna be disappointed and that's gonna be the faster transmission drag strip on the street - and on the racetrack man it was a little bit more satisfying to my taste though we've talked about the exhaust I have it set in the track setting let's quiet it down a little bit so you can hear the difference now I've set that separately from everything else so let's put it stealth what happened to the engine sound that's pretty that's pretty amazing man stealth is really stealth and then go back to track Wow actually a really big difference that's that's pretty great the Corvette has always been a strong value proposition and nowhere is that more evident than this zr1 giving you a nearly unbeatable track performance per dollar now the nice thing is on the road this doesn't feel like a ragged edge track machine either you could genuinely drive it every day the compromises are few and that's what makes this car so special if you like what you see keep it tuned right here and be sure to visit Edmunds.com [Music]

Laws vary from state to state, but you may find that you have a right to audit anyone who owes you a fiduciary duty as a matter of law.

In the conclusion to the reasons for judgment of Linden J. in Davidson v. Connaught Laboratories et al. (1980), 14 C.C.L.T. 251, there is to be found, in more or less precatory language, an eloquent expression of concern about the requirement of our law that fault exist as a condition precedent to the receipt of compensation in matters of this kind.

In addition, in a separate holding that could deter police in the future from acting like K - 9 sniffer dogs, the court found that the officer's testimony that he sniffed alcohol on Koch's breath was insufficient as a matter of law to sustain a conviction:

I think Angela Swan is perceptive (here as elsewhere), but to say that someone who has been defamed has no right to find out what is being said is bizarre (even if it turns out to be accurate and defensible under defamation law, i.e. a defence of truth would work in an accusation of being a scumbag... a matter on which I have no opinion in the present case).

In a 9 - 0 decision, the Alabama Supreme Court agreed, finding that the product had been substantially altered after leaving the possession of CNH America and remanded the case back to the trial court for entry of judgment as a matter of law in favor of CNH.

What may surprise employment lawyers is that the Court of Appeal has found — as part of the judicial review — that Haringey is not entitled to rely on the implied term as a matter of contract law.

«We found that as law firms battled for new instructions, a pattern emerged of solicitors providing low quotes to clients at the outset of a matter, only to bill far more than that quote when the work was completed.

Inti serves the Latino population in civil and business law matters under low - bono fee arrangements as the founding attorney of Ceiba Fôrte Law Firm, PLlaw matters under low - bono fee arrangements as the founding attorney of Ceiba Fôrte Law Firm, PLLaw Firm, PLLC.

Although I am aware of the often - repeated statement that personal rights are more important than property rights, where the owner has stored his valuables representing his life's accumulations, his livelihood business, his tools and implements, and his treasured antiques as appears in the case at bar, and where the evidence is sufficient to sustain a finding that the installation was intended only as a warning to ward off thieves and criminals, I can see no compelling reason why the use of such a device alone would create liability as a matter of law.

With regard to the question of compatibility of the imposition of a residence condition with Articles 29 and 33 of the Directive, after having found that these Articles in principle require an equal treatment of all beneficiaries of international protection as regards the freedom of movement (Article 33) and a treatment that is equal to nationals of the relevant Member State in the matter of welfare benefits (Article 29), the Court concludes that a residence condition can still be imposed on beneficiaries of subsidiary protection status, if they are not in an objectively comparable situation with beneficiaries of other international protection status or nationals of the Member States as regards the objective pursued by the national law that seems to infringe on Articles 29 and 33 (point 54 of the judgment).

I would accept that in this hypothetical situation it is necessary as a matter of EU law for the Court of Justice to have the final interpretative authority over the legal «gap» concerning revocation of notification found in Article 50.

So the court found that since the vendor had publicly claimed the house was haunted, then as a matter of law it was and they should have disclosed the information to the buyer.

In the case, Nielsen v. Bell, the court ultimately concluded that a four - year - old child can not, as a matter of law, be found negligent for his own actions.

Working from the assumption that not all SRLs (or lawyers, for that matter) follow a focused process such as that offered here by Catherine Best of Boughton Law, it stands to reason that non-traditional methods of uncovering information and of finding end points (i.e., when you keep finding the same information and nothing new is coming up) are needed.

If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a «matter of first impression»), and legislative statutes are either silent or ambiguous on the question, judges have the authority and duty to resolve the issue (one party or the other has to win, and on disagreements of law, judges make that decision).5 The court states an opinion that gives reasons for the decision, and those reasons agglomerate with past decisions as precedent to bind future judges and litigants.

The reasons issued by the LSUC for finding Beth DeMerchant and Darren Sukonick had not been in a conflict of interest when representing Hollinger International Inc. and Conrad Black during the sale of Hollinger's newspaper businesses to CanWest, are not especially interesting as a matter of doctrinal law (the DeMerchant decision is here).

(2) I believe that trying to find a just solution to a contentious matter is as if not more demanding than arguing for its resolution according to legal precedents (I always tell my students that they are mistaken if they believe that mooting is the pinnacle of intellectual achievement in law school — in fact it is learning how to negotiate, mediate and problem - solve)(3) Learning how to problem - solve (which includes relating to the people as well as the problem) is a good deal more practical and important for prospective lawyers than being able to find and apply legal precedent, any well - trained monkey can learn to do that and (4) I think we make the mistake all the time of imagining that knowledge and skills are somehow binary processes.

I'm not sure about the juvenile death penalty as a matter of policy, but I found Justice Scalia's powerful dissent pretty tough to refute as a matter of constitutional law.»

Examples of lawsuits where the pain and suffering damage awards were found to be inadequate as a matter of law

the judge was wrong as a matter of law to find that the defendant bore any evidential burden of proof in these types of cases;

A judge is allowed to rule on any specific issue within a case and may, for example, find that a party is negligent as a matter of law while leaving other issues open to dispute.

Accordingly, Justice Schmidt found that the plaintiff was unable to prove her allegations as a matter of law and granted judgment for our clients.

If the judge determines that there is no genuine issue, the party making the request will be found entitled to judgment as a matter of law.

If you are found to be partially at fault for your accident, then you will be barred from recovery as a matter of law.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

As the founding partner of CDF's Sacramento office — Spring has more than 25 years of legal experience in labor and employment matters and helped solidify the firm's reputation of being a preeminent labor and employment boutique law firm in the Sacramento community.

The district court denied HOTF's post-trial motion for judgment as a matter of law of no tortious interference and entered judgment in accordance with the jury's finding.

A federal district judge in Chicago has dismissed a non-compete case — at the pleading stage — finding that the non-competition covenant at issue was overbroad, as a matter of law, according to Winston & Strawn.

In the alternative, the trial judge found that as a matter of law, K.D. could not consent to sexual activity that took place while she was unconscious.

The appeals court found that state laws governing «contact sport» claims precluded a negligence claim, and that the defendant was not reckless as a matter of law.

Two of the defendants, the company and truck driver's employer, filed a motion for judgment as a matter of law, arguing that there had been insufficient evidence to find them liable for the traffic controller's negligence.

«As law firms look for ways to be more efficient in their research, this collaboration offers a new and exciting resource for lawyers to quickly sift through millions of court opinions and find what matters in a centralized location,» said Nik Reed, co-founder and chief operating officer at Ravel Llaw firms look for ways to be more efficient in their research, this collaboration offers a new and exciting resource for lawyers to quickly sift through millions of court opinions and find what matters in a centralized location,» said Nik Reed, co-founder and chief operating officer at Ravel LawLaw.

WHEREFORE, the Administrator requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held, and the panel makes findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.

John, If women (and the other minorities) are the majority in law schools, but don't find these career paths appealing, then simply as a matter of statistics the best and brightest will not be going to these firms.

At one stage, consideration was given to conceding the appeal, but as a matter of law this was not possible because the key finding of fact in the case was a finding of the Crown Court, which only the High Court could overturn.

I fear that based on the record in the case, the Virginia Supreme Court will find, as a matter of law, that blogs are commercial speech (read advertising) or at best, a hybrid of protected and commercial speech, instead of being pure First Amendment content.

The district court had denied State Farm's motion to dismiss, finding depreciation of labor costs improper as a matter of law, and granted class certification.

While being very careful not to elevate them from their guidlininess, Mme. Justice Smith in her reasons in Domirti v. Domirti, 2010 BCCA 472, an appeal from a trial court spousal support review application, quoted Redpath v. Redpath, 2006 BCCA 338, 62 B.C.L.R. (4th) 233 in finding that that, ``... while SSAG is not to be applied as a matter of law in determining the quantum of spousal support, in circumstances where it is appropriate to consider the application of SSAG an award that falls substantially outside the SSAG ranges may permit appellate intervention».

People contact us to find Illinois lawyers for employment law matters, as well as other areas of Illinois law.

Putting the kidding aside, do you not find it at all instructive that members of the legal profession weren't called «doctor» and seemingly saw no need to be called doctor back when law was commonly described as one of the «learned» professions in a culture where social and class distinctions mattered.

In the (highly) unlikely event that that Act (and relevant secondary legislation, such as the Immigration (European Economic Area) Regulations 2006 (SI 2006/1003)(the EEA Regulations)-RRB- were to be repealed prior to the conclusion of a withdrawal agreement, affected individuals would find themselves in the unusual (and probably uncomfortable) position that, despite the fact that, as a matter of EU law, they continue to enjoy a right of residence, those rights would be difficult (if not impossible) to enforce in or through the English courts (other than in reliance of any «direct effect» of the relevant EU provisions).

But it is not correct to say, either as a matter of law or logic, that the ET must find that, if the reason was not that asserted by the employer, then it must have been for the reason asserted by the employee.

The company's Vice President of Strategic Marketing for Large Law Firms Brian Knudsen (as quoted in the press release) points out: «firms are finding that they need to make changes in the way they price, budget and manage for a matter.»

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.