Sentences with phrase «main issue of the case»

«We worked over the fall semester learning the intricacies of the law in order to develop the arguments to address the three main issues of the case,» said Paula Arias, Director of the International Moot Court Program and team coach.

The main issue of the case was suppression of evidence acquired after an unconstitutional delay of a traffic stop.

Not exact matches

One of the main issues with being an early adopter of any hardware product is that the software might not have had time to keep up with last - minute product changes, and that's certainly the case here.

In the case of Buffalo Wild Wings, the main issue is failing to meet expectations.

After March 4, 2013, an International Arrest Warrant will be issued against these Defendants.The guilty verdict followed nearly a month of deliberations by more than thirty sworn Citizen Jurors of the 150 case exhibits produced by Court Prosecutors, The Court's judgement declares the wealth and property of the churches responsible for the Canadian genocide to be forfeited and placed under public ownership, as reparations for the families of the more than 50,000 children who died in the residential schools.To enforce its sentence, the Court has empowered citizens in Canada, the United States, England, Italy and a dozen other nations to act as its legal agents armed with warrants, and peacefully occupy and seize properties of the Roman Catholic, Anglican and United Church of Canada, which are the main agents in the deaths of these children

Perhaps the main issue with diving in some of the cases with the most public outcry has been the idea that the diver has gained something by performing the act.

MACONESSo, I think, really, the main issue has to do with the fact that there is about a two - to three-fold increase in the risk of neonatal death with home birth, just like we saw with this case that you're discussing today.

The main issue are the many cases where Russia believes that according to a strict interpretation of international law, the West was wrong but that nevertheless the West did have good arguments and some reasonable compromise was reached.

«It became clear from the onset that this case was not within the direct purview of the Minister of Petroleum Resources, but, in the main, was centered around issues of law.

The 80 minutes of occasionally spirited argument at the high court this morning focused on the two main issues in the greenhouse gas litigation: For the case to go forward, the plaintiffs must prove that the case has legal standing (they must show that the court is the right venue for resolving this dispute), and that the common law definition of nuisance can support suits over greenhouse gases.

My main issue with the above statement is that it conflates all diabetes withover consumption of carbohydrate, where it is well known that T1D is an autoimmune disease with a reduced or no ability to produce insulin, in my case triggered by an attack of the flu.

My main impression of these studies is that the researchers are looking to resolve issues without solving the source of the problem or trying to come up with an alternative to the obvious solution, the gluten - free diet (and in some cases other free diet, like gf / df / sf for MS).

He believed that the main issue of painting was the subject matter that in the case of abstract art, deprived of any classical standards for making art, touching the most basic human emotions.

In the first in a new series of technical articles on some of the key technologies in sustainable building, John Hearne makes the case for wrapping buildings in an external insulation layer, and describes some of the main issues to watch out for.

But the main issue with this estimate is the assumption that the strength of the radiative restoring is the same for internal and forced responses — which I interpret as assuming that the spatial structures of the warmings are similar, and there is no reason to assume that this is the case in general.

In this case the main ethical issue of concern has not been the scientific integrity but the influence of the results of research on society.

If not, you're missing a great IGRA journal with their recently published IGRA Green Roof News 2/2015... while the 43 - page issue is full of informative articles and case studies, its main focus is on Urban Green Roof Policies:

Secondly, as to the substantive assessment of the dispute, the main issue in this case was the question of whether the applicable market sharing arrangement constituted a restriction of competition by object.

Only 31 % thought budgeting at the outset of a case would save costs, while 21 % thought it would actually push costs up since more work is required to isolate the main issues at an early stage.

@TonySnow The main issue in both cases would be whether the site expressly or by implication conveys the impression that the convictions have not be expunged when they actually have, through negligence in ignoring notice given, or through reckless disregard for the truth in the case of defamation.

Within each of these settings he reviews the main cases and distinguishes between the types of issue that determine the standard applied.

See e.g. Maxeiner, supra n. 1, at 44 (arguing that a globalized legal education is no longer subject to the cultural barriers that were once dominant in society, allowing students to focus on the legal cultures that they will likely encounter in an increasingly globalized economy); see also James E. Pfander, Book Review, (reviewing Thomas Main, Global Issues in Civil Procedure (Thomson / West 2006)-RRB-(describing the case for globalized Civil Procedure courses by emphasizing how such an approach would lead to a greater understanding of American procedure).

On the third main issue, the Advocate General argued that on the facts of this case, including because in this case the applicable law is that of the Member State of the supervisory authority that wishes to exercise its powers of intervention, that Article 28 (6) of the Data Protection Directive should be interpreted such that the ULD is entitled to exercise its powers of intervention against Facebook Ireland with complete independence and without being required first to call on the Irish supervisory authority.

68 While the fact that it is impossible for a river basin or river basin district to meet from its own water resources its needs in terms of drinking water, electricity production or irrigation may indeed be capable of justifying, in the light of Directive 2000/60, a transfer of water such as that in the project at issue in the main proceedings, it is not the case that such a transfer can be justified only by reason of such an impossibility.

But here's the rub: Most of what you file will have absolutely nothing to do with the main issues in your case.

The main issue in this case was the priority of the deemed trusts in relation to the DIP charge.

Article 10 (1)(d) of Council Directive 2004 / 83 / EC of 29 April 2004 on minimum standards for the qualification and status of third - country nationals or Stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted must be interpreted as meaning that the existence of criminal laws, such as those at issue in each of the cases in the main proceedings, which specifically target homosexuals, supports the finding that those persons must be regarded as forming a particular social group.

The case of Steven Truscott illustrates two of the main issues with the current review process.

The DRD requires the parties to list the main issues in the case which will need to be determined by reference to contemporaneous documents and exchange proposals for Extended Disclosure, selecting a Model of disclosure for each issue.

You rightly identify the main issue in assisted suicide cases, and most other disability cases — competency of decision makers.

In the case at issue the request for a preliminary ruling was submitted by the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main) in 2016 in the context of a dispute between Coty Germany GmbH, a supplier of luxury cosmetics established in Germany, and Parfümerie Akzente GmbH, an authorised distributor of those goods, concerning the prohibition, under a selective distribution contract between Coty Germany and its authorised distributors, of the use by the latter, in a discernible manner, of third - party undertakings for internet sales of the contract goods.

In so doing, unlike the case at issue in the main proceedings, the contracting authority, in... Ambisig... made a real comparison of the admissible tenders in order to identify the most economically advantageous tender.

In the present case, it is common ground, that the amount of the public contract at issue in the main proceedings amounts to EUR 85,000, which is considerably below the thresholds for application laid down in Article 4 of Directive 2014/24... On the other hand, in its reference for a preliminary ruling, the referring court has not provided any information enabling the Court to... demonstrate the existence of a certain cross-border interest... In those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis added).

In the present case, since it is apparent from paragraphs 29 and 30 above that neither Directive 2004/17 nor its underlying general principles impose on Member States a specific obligation to lay down provisions requiring the contracting entity to grant its contractual partner an upwards price review after the award of a contract, the provisions of Legislative Decree No 163/2006 at issue in the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases added).

«As a result of the reasons of the trial judge that were issues after his main reasons, we have to go back before him — that was the case even before the appeal — to determine what the final number would be, which will be influenced by the number of dealers that actually retained Cassels Brock back in May of 2009,» says Vermette.

In this case, where a father seeks the return of his son to his country of habitual residence (Bulgaria), the main issues for determination under Article 13 of the Convention on the Civil Aspects of International Child Abduction 1980 are whether a return of the child (L) to Bulgaria would expose him to a grave risk of psychological or physical harm or otherwise place him in an intolerable situation and whether L objects to returning to Bulgaria, and has attained an age and degree of maturity at which his views should be taken into account.

However, the main issue which stalls the resolution of a car accident case is when ICBC offers too little to settle a car accident case.

In most cases when a worker is terminated the main issue is whether they have been provided with appropriate notice or pay in lieu of notice.

Poor legal literacy work of injured individuals is the main issue in cases when the classification of an illness or injury as occupational is rejected.

The main exceptions to this general rule is that arrest warrants may issue in a civil case (i) to compel the attendance of a witness who fails to make a timely response or appearance to a subpoena after being personally served in a timely manner with that subpoena, (ii) to compel someone to attend a quasi-criminal contempt of court hearing, and (iii) to arrest someone who have been held in contempt of court.

59 Should that court find that, in the circumstances of the cases before it, such a denial does not follow from the refusals of residence permits at issue in the main proceedings, that would be without prejudice to the question whether, on the basis of other criteria, inter alia by virtue of the right to the protection of family life, Mr O and Mr M could not be refused a right of residence.

22 It should be noted that the national legislation at issue in the main proceedings has already been examined by the Court in the light of Article 63 TFEU in Case C ‑ 451 / 05 ELISA [2007] ECR I ‑ 8251 and of Article 40 of the Agreement on the European Economic Area of 2 May 1992 (OJ 1994 L 1, p. 3) in Case C ‑ 72 / 09 Établissements Rimbaud [2010] ECR I ‑ 0000.

49 In the present case, it is for the referring court to establish whether the refusal of the applications for residence permits submitted on the basis of family reunification in circumstances such as those at issue in the main proceedings entails, for the Union citizens concerned, a denial of the genuine enjoyment of the substance of the rights conferred by their status.

HHJ Parker accepted D's arguments that, in reality, the great majority of the costs incurred by both parties were in relation to C's main case (the splenectomy) and that C had lost every contested issue at trial.

The main issue is whether the employer terminated Mr. Stewart because of his addiction (raising aprima facie case of discrimination), or whether the employer terminated him for breach of the Policy prohibiting drug use unrelated to his addiction because he had the capacity to comply with those terms (not raising a prima facie case of discrimination).

From a practical perspective the four main difficulties are that (1) people convicted of crimes often lack the income or assets to pay judgments, (2) there are double recovery issues involved in reconciling restitution awards in a criminal case (where the measure of damages is narrower) and damage awards in a civil case (where the measure of damages is broader), (3) there are priority issues involved in reconciling criminal awards for fines, restitution and costs, in each case with civil awards for damages, and (4) if the defendant declares bankruptcy, the non-dischargeability of the civil judgment must be affirmatively raised and proved (often this is elementary but there are strict time limits) in the bankruptcy proceeding.

And while its certainly possible that you may not be a US citizen or you may live in a state where these «types» of life insurance policies are not offered, in most cases when it comes time to helping those who have been diagnosed with diffuse cerebral sclerosis, the main issue that we run into is that these potential clients don't meet the minimum age requirements.

Union Minister for IT and Law, Ravi Shankar Prasad had Wednesday issued a warning to Facebook or the alleged case of data theft, while also accusing the main Opposition Congress of having links with Cambridge Analytica.

I don't think this will be an issue for most people, but it's something to be aware of in case you're going to use this as your main PC hooked up to monitors and really putting pressure on the CPU and GPU.

Responsibilities * * Must display excellent customer service skills when interacting with patients and coworkers * Provide leadership to Concierge Pharmacy Technicians as needed * Enrolls patients in our bedside medication delivery program * Works collaboratively with inpatient pharmacists, social workers, and case managers to resolve patient insurance and affordability issues * Delivers medications to patient's bedside and collects payment * Collaborates with pharmacy leadership to improve workflows as necessary * Role may include delivering medications to clinic locations on the main campus * Note: These statements are intended to describe the essential functions of the job and are not intended to be an exhaustive list of all responsibilities.