Sentences with phrase «issue of fact created»

Unfortunately, and to my mind inexplicably, the state of affairs whereby T was accommodated under CA 1989, s. 20 was maintained from August 2014 until the institution of care proceedings in April 2016, notwithstanding the clear and stark issue of fact created by T's allegations and the father's wholesale denial.

Not exact matches

Intimidation doesn't support either of those and, in fact, may overstate and overwhelm others, creating even bigger issues.

Compounding the issue is the fact that more and more digital currencies are appearing on the market, some of which are created by non-blockchain companies.

But I still think all this back - and - forth does is use dozens of debatable facts to cloud the main issue: Both Tony and Julie need help, and all the arguing does is give them a distraction from addressing their own responsibilities in the mess they have created together.

Obviously the biggest issue with the story of Noah's flood is the fact that IF it happened, God had to violate the scientific laws He created in order for the Biblical account to have occurred.

In fact, most (63 %) said it was «diverting the church from more important things,» and, in a list of church priorities, ranked sexuality issues lower than creating disciples of Christ, spiritual growth, youth involvement, members» spiritual growth, decline in membership, poverty, children at risk, and social injustice.

In fact, the issue facing many UK retailers is not whether or not they should get involved in the private label industry, but rather, what sorts of private label brands they should be creating.

Heads Up Football is a multi-pronged approach (to hide the fact it doesn't help concussions) that works hand - in - hand with other USA Football resources to (confuse the issue) create a positive learning environment in which millions of young athletes can learn the sport more safely.

Another obvious one is the fact that many of these populists run specifically on the issue of jobs and job loss - and a successful entrepreneur naturally seems like more of an expert on creating jobs than a professional politician, regardless of whether that perception is accurate.

However, the facts are that state agency staff shortages have created mandatory overtime problems, an over reliance on temporary and provisional appointments, recruitment and retention problems and safety and quality of service issues throughout state agencies.»

«Despite the fact that awareness of survivorship issues has increased, cancer survivors face numerous, important hurdles created by a fractured health care system, poor integration of survivorship care, and financial and other barriers to quality care, particularly among the medically underserved.

Valence has already modified a Prius... Marc Kohler, business development manager for Valence's vehicle systems program, says the major automakers appear to be acting disinterested, but it's not the full picture... «Publicly they have to say one thing, but R&D guys are actively researching it,» says Kohler, pointing out that high oil prices, national security issues, the fact that the technology is available, and the slow progress of fuel - cell cars has created an ideal environment for pursuing plug - in hybrids.

Much of this disagreement is caused by the simple fact that, collectively, we have only recently agreed that the goal is feasible and we have not yet sorted out the issues that this creates.

The biggest issue I had with Me And Earl And the Dying Girl is the fact that the film seems unaware of the monster it has created and is just as enamored with Greg as he is with himself.

The guidelines will provide for a sequential course of study for each of the grades kindergarten through 12 and must include, at a minimum, the following: (1) knowledge of the research process and how information is created and produced; (2) skills in using information resources and critical thinking about those resources; (3) the abilities to evaluate information critically and competently, to recognize relevant primary and secondary information, and to distinguish among facts, points of view, and opinions; (4) access to information and information tools; and (5) an understanding of economic, legal, and social issues surrounding the use of information, and how to use information ethically and legally.

«Creating Safe Schools is filled with facts, figures, and tables to help understand the complexities of creating safe schools while dealing with the sensitiveCreating Safe Schools is filled with facts, figures, and tables to help understand the complexities of creating safe schools while dealing with the sensitivecreating safe schools while dealing with the sensitive issues.

Fixed - layout books and their particular quirks, and the lack of a general standard to create them, is just one of the issues publishers have to tackle these days, and it is exacerbated by the fact that even within the Kindle line of products, it is not possible to really create specialized builds for each platform.

Add in the fact that many teacup dogs are created using very suspect breeding processes, we'll look at that in a moment, and the likelihood of a teacup puppy having serious health issues increases still further.

The fact that Kojima Productions still managed to create what is undoubtedly one of the best games of the generation in spite of all these issues is a testament to The Phantom Pain's sheer quality.

Unfortunately, alarmists prevent this when they take evangelical views, words and actions regarding this particular issue often citing their own set of «facts» which five minutes study can debunk, geological history can debunk, solar cycles can debunk, temperature history can debunk, «ocean conveyer» history can debunk, etc... the cry «We have ten years or were all going to die» (or equivalent) is not helpful and simply creates a mob - mentality based on fear.

The MEF, which has hosted productive discussions among 17 key countries and regions that together account for nearly 90 percent of global carbon dioxide (CO2) emissions, may be somewhat limited by the fact that is was created by and is chaired by the United States, a nation with constrained credibility on climate issues among some countries, particularly in the developing world.

Re # 36 The issue is the media and the fact that they jump on this type of paper for in anything that creates an argument there is a story.

These were to address one or more of eight issues seen as important to courts: form - filling — making court documents more accessible to litigants in person; order drafting — creating orders that are more likely to be accepted by courts; continuous online hearing — challenging the question of whether a court is a place or a service; argument - building — to aid non-lawyers in creating well - structured arguments, distinguishing fact from law; outcome prediction — using technology to answer the natural question «what are my chances of winning?»

Even if Choukas's attorney told the claims adjuster not to make an offer unless the insurer would meet his $ 89,000 demand, such settlement tactics did not create a genuine issue of material fact as to whether Metropolitan was required to make an offer.

The record contains sufficient evidence of a dangerous condition to create genuine issues as to material facts regarding both whether a dangerous condition existed and whether Wal - Mart had constructive notice of the dangerous condition.

In advance of the Court date, you and your lawyer will create a case conference brief that lists the issues, outlines the important facts, and what you want the judge to help resolve.

Employee's unsupported testimony that she can perform her job functions from home does not create a genuine issue of material fact to preclude summary judgment;

We develop and refine strategies by developing a theory of the case, analyzing jurisdiction, engaging in a productive and efficient motion practice, honing the testimony of fact and expert witnesses, and creating winning demonstratives to present the issues clearly for the judge, jury or arbitrators.

The court quickly determined that Lloyds failed here and stated: «The Lloyds fail to create a genuine issue of material fact by claiming that they could not see the fence or the maintained area from their house, or by claiming that the root of a lone rhubarb plant in the abandoned garden was younger than 10 years old.»

The court hearing the case explained that normally issues of fact should be decided by a jury, but here the evidence creating the issue was unreliable.

I wonder also whether Dunsmuir did in fact simplify the Canadian approach to reasonableness, or whether it simply created a new set of issues to solve.

In other cases, however, the timing of the RIF decision can create a genuine issue of material fact that will preclude early disposal of a lawsuit.

The fact that the chair of the discipline panel in 2010 also participated in the most recent discipline decision did not create an issue of bias, where the 2010 decision was based on an agreed statement of facts, without anyone calling any evidence.

Ultimately, the court determined that the plaintiff's version of how her injuries were caused was «mere speculation» and did not create a triable issue of fact for the jury.

The court held that as stated by the Supreme Court in Guarantee Co. of North America v. Gordon Capital Corp., [1999] 3 S.C.R. 423, at para. 31: «[A] self - serving affidavit is not sufficient in itself to create a triable issue in the absence of detailed facts and supporting evidence».

Cortana can handle all sorts of commands you issue using natural language, such as playing music, creating reminders, showing the weather, or even remembering random facts for you, but the most powerful use of her natural language abilities revolves around basic search capabilities.

But the matter of the fact is that studying the company can actually help you create a better resume and cover letter since you will be able to effectively address the issues and concerns of a potential employer.

In fact, it creates behavior issues in kids, affecting the basic attitude, skills, and self - esteem of the children.

In fact, counseling is a great way to improve communication, stop rising issues preemptively, and create a better marriage for even the happiest of couples.If your marriage suffers from any of the following — to any degree — you may be in...

Despite the fact that eating disorders are deadly and create enormous physical and psychological pain, they also serve important functions such as protection from intrusion, a sense of control when life feels chaotic, a way to make complex issues seem more manageable and many others.

In fact, counseling is a great way to improve communication, stop rising issues preemptively, and create a better marriage for even the happiest of couples.

When you couple that fact with the scarcity of land between the mountains, the sea and the agricultural reserve lands, a supply issue is created.

In Benson v. Northwest Airlines, Inc., the Eighth Circuit reversed summary judgment as it found the plaintiff (1) made a prima facie case that he was able to perform the essential functions of his position, and (2) created a genuine issue of fact as to whether the airline had an existing vacant position which he could have filled.