Sentences with phrase «involve factual questions»
All the actions involve factual questions relating to whether Abilify was defectively designed or manufactured, whether defendants knew or should have known of the alleged propensity of Abilify to cause compulsive gambling behaviors in users, and whether defendants provided adequate instructions and warnings with this product.»
https://www.druginjurylawyersblog.com/ Not exact matches
As you can see, laptop users did pretty well on factual questions, relatively speaking, but they fell far short on conceptual questions, which involved comparing and analyzing ideas from the TED talk they watched.
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.
Where, like here, the matter involves the interpretation of a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to a correctness review.
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.
Both involve questions of weight and balance, which fall to be assessed in the context of particular factual and legal matrices that create broader or narrower ranges of possible outcomes, depending on the circumstances.
The judge relied on the fact that this was a case which involved questions of construction of an agreement against a factual matrix where there was controversy about the facts.
Whether it was possible to prove by evidence that a form WP / PP, which could not be found, had, in fact, been executed in a manner complying with HFEA 2008, Pt 2 and whether, if that was permissible, and the finding was made, the fact that the form could not be found prevented it being a valid consent, as involving a breach by the clinic of its record - keeping obligations — this was a factual question, the court had to be satisfied the form (which was lost) had been signed before treatment.
The truth about factual causation issues in most personal injury actions is that, where there's any issue at all, it's not one that involves difficult questions of law or any need to venture into realms of philosophy or metaphysics, abstract, concrete or something else.