Sentences with phrase «make factual inquiries»

The criminal law power falls squarely within federal jurisdiction (pursuant to s. 91 (27) of the Constitution Act, 1867) the provinces are relegated to make factual inquiries — they are forbidden to interfere with federal jurisdiction.

Not exact matches

a) Make inquiries of the legal representative (s) who appeared and acted at the trial in order to ensure that the factual basis for each ground of appeal is correct, and

Thus, the factual analysis in considering a notice argument is limited to a consideration of what the party knew, not what it could have known had it made inquiries.

In these rulings — Berkheimer v. HP [PDF] and Aatrix Software v. Green Shades Software [PDF]-- the court suggests that the decision under Alice, about what makes an invention patent eligible, is a heavily factual inquiry.