Sentences with phrase «involve issues of interpretation»

Why These Cases Could Go To the Supreme Court Neither of these cases deals with simple legal questions, and both involve issues of interpretation and characterization that are notoriously finicky.

Not exact matches

My attempt to resolve these issues will involve a detailed examination of Christian's defense of Whitehead's non-Leibnizian God, together with an interpretation of Deleuze's highly paradoxical notion of «disjunctive synthesis.»

What follows is my own interpretation of the issues involved.

A visual experience, for instance, lends itself to description as a complex semiotic process involving transmissions and integrations of signs, or bits of information, to a central organ, the brain, and more localized processes of selection, sorting, and evaluation (i.e., gradations as to relevance of various types of information) that sometimes issue in tentative (and often only vague) interpretations.

Two centuries of judicial interpretation of the United States Constitution have demonstrated that when the Supreme Court veers off course in a particular case or series of cases, continued constitutional litigation over the issue involved serves to correct their heading.

For a moving and unique approach to Interpretation of Scripture by persons most involved in social justice issues, see Ernesto Cardenal, The Gospel in Solentiname, 4 vols.

«The basic findings are sound, but I would take issue with some of the interpretation in the study,» Michael Mann, a climate scientist at Pennsylvania State University who was not involved in the study, said in an email.

Findings illuminate the barriers to implementing DDDM in actual classroom practice: a confluence of curricular policy as well as technology and teacher heuristics that result in variations in data interpretation that involve issues with both skill and perspective - taking on the data sets.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix of the contract.

Litigation of several significant issues for financial institutions, including: intercreditor subordination issues, recharacterization of a sale leaseback transaction, and disputes involving contract interpretation of an indenture.

The case involved issues as to the interpretation of DIFC regulatory law and claims against the defendant bank in both contract and tort.

-- Claimants v. State Oil Company: US$ 700 million claim for wrongful repudiation of major offshore contracts with a well - known state oil company involving issues of force majeure, frustration and the interpretation of the domestic law of the relevant state.

Issues involving liability for repudiatory breach of charter, interpretation of charterparty force majeure provisions and quantification of losses for repudiatory breach.

The case also involved complex issues as to the interpretation of indemnity or «knock - for - knock» clauses in offshore contracts.

In addition, although the Gunn Court noted that state court interpretations of the Patent Act would not be binding on federal courts, [10] final state court judgments determining patent issues, such as validity, infringement, or claim construction, may well be binding on a patentee in subsequent litigation involving the same or related patents.

Led by Paul Key QC of Essex Court Chambers, represented sellers in a two - week Fosfa arbitration hearing involving the long - term supply of edible oil to buyers in a Southern African state; the hearing involved issues relating to the interpretation of time - bars, the extension of shipment periods and waiver and estoppel.

The results presented many more cases than had Attorney IO, but while my brief involved an issue of Massachusetts statutory law and statutory interpretation, many of the cases CaseIQ presented were from outside Massachusetts and of limited relevance to my issues.

Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the written contract, considered in light of the factual matrix.

[96] With respect to administrative decisions, such as the one at issue in Canadian Human Rights Commission, which involve an interpretation of a statutory provision, a standard close to correctness will be appropriate.

Frequently involved in files involving both unionized and non-unionized employees, she advises businesses and organizations on a range of issues such as the interpretation and application of collective agreements, the imposition of disciplinary sanctions, handling psychological harassment complaints, drafting and applying employment agreements and dealing with claims for dismissal without cause.

In fairness, my brief involved a fairly specific issue of state law and a related issue of statutory interpretation.

These questions go to basic issues of statutory interpretation involving the very composition of the Court.

The only questions the Supreme Court was asked to decide involved pure issues of statutory interpretation.

Mr. Hensley's litigation experience is broad in nature, encompassing such diverse practice areas as: real estate issues of almost any nature; construction defect litigation (both plaintiff and defense, representing developers, contractors, managers, subcontractors, and design professionals); federal and state securities class action / derivative defense; partnership / corporate governance issues; UCC / commercial paper / letter of credit issues; intellectual property / trade secret / unfair competition issues; wrongful termination / harassment trials; wage / hour class action defense; contract formation and interpretation issues; bankruptcy adversary proceedings; health care disputes; telecommunications issues; and debtor / creditor financing issues involving both secured and unsecured interests.

The case lasted several years through hearings, appeals, remand, and involved many issues of contract interpretation, defamation and corporate law, Mr. Frankel never lost sight of the ultimate goal and kept his staff and the other attorneys working on our team focused and on task.

Any lawyer who needs to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation.

Elsewhere I have argued that nearly all of the cases involving an allegation of true jurisdictional issue have turned on the interpretation of the tribunal's enabling statute.

Unless the jurisprudence has already settled the applicable standard of review (Dunsmuir, at para. 62), the reviewing court should begin by considering whether the issue involves the interpretation by an administrative body of its own statute or statutes closely connected to its function.

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.

He has served as lead counsel in numerous arbitrations involving issues of discipline, termination, contract interpretation, discrimination and harassment, in the hospitality and gaming, express freight delivery, food services, healthcare and movie exhibition industries.

Kathy has also defended an international dialysis services provider against RICO claims in federal court based on allegedly fraudulent billing activity, represented a pharmaceutical services provider in a billing dispute with a chain of nursing homes, defended home health agencies in suits brought by employees pursuant to the Fair Labor Standards Act, and represented other providers and associations of providers as plaintiffs and defendants in a variety of matters in federal and state court involving issues ranging from contract interpretation to cash receipts assessments to the federal Individuals with Disabilities Education Act.

[6] The issue arising on the appeal involves the interpretation of s 35 (4) of the FLA..

Judicial decision - making provides five advantages not adequately provided by administrative agencies: (1) a clear and exact burden of proof; (2) an opportunity to rigorously test the evidence for accuracy, integrity, and persuasiveness; (3) a thorough debate as to the correct interpretation and application of the law for the issues and evidence involved; (4) a decision by a truly impartial and competent adjudicator; and, (5) the right to a jury trial, in situations allowed by law.

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.

Michalak v General Medical Council [2017] UKSC 71 is an interesting case, involving both a narrow point of statutory interpretation and broad issues about the nature of judicial review of administrative action.

Judge Yu described the posting as to «coordinate» (配合) with this campaign, but is the author's way of saying that the law on these issues is confusing and all involved, whether they are judges, prosecutors, public security or defense lawyers need an authoritative steer through the forest of law, judicial interpretations, and other guidance.

Mactavish J. characterized the issue not as one involving the rule against delegation, but rather, a question of statutory interpretation.

When this question is answered in the negative, a court should then consider «whether the issue involves the interpretation by an administrative body of its own statute or statutes closely connected to its function» (Capilano at para 22).