Sentences with phrase «material existing fact»

Not exact matches

yo the thing is not about believing or not, is the fact that if we don't believe then we are worthless living garbage who occupy a space in the universe only to create crap and pollution, in that kind of case we would better be recycled into some industrial material for a better use than eating and living like cattle, but if there is a god we acquire a divine status and a purpose to continue to exist beyond afterlife or at least the idea of it, which would give life a sense right?

If change really involves self - transcendence even, in certain circumstances, to a new essence, even though only in virtue of the dynamism of absolute Being, which of course does not, let it be repeated, alter the fact that it is a question of self - transcendence; if matter and spirit are not simply disparate in nature but matter is in a certain way «solidified» spirit, the only significance of which is to serve to make actual spirit possible, then an evolutionary development of matter towards spirit is not an inconceivable idea.15 If there exists at all by virtue of the motion of absolute Being, a change in the material order whereby this rises above itself, then this self - transcendence can only occur in the direction of spirit, because the absolute Being is spirit.

The stark fact that complicates incentive studies like Fryer's is that for children who grow up in difficult circumstances, there already exists a powerful set of material incentives to get a good education.

Available materials include the 2009 Community Needs Assessment, Master Plan presentations, approved plans, fact sheet, FAQs, operating budgets, comprehensive plan and capital improvement documents, in addition to information on the existing community parks and their specific amenities and features.

Ultimately, the film exists in the same gray area between fact and fiction as its source material.

Because your policy can be cancelled or even rescinded (no coverage ever existed) for material misrepresentation of facts about the risk that's being taken on.

«I can't speak about other countries, but in the UK [there] are regulations about providing advertising material that could mislead a consumer in some way --[for example] displaying things that do not, in fact, exist,» says AzzerUK.

It exists as a painted surface as a material fact.

The IPCC, the PCAP, and McKinsey have provided a bunch of facts and raw materials that are beyond anything that existed a year ago.

«After careful consideration of all the evidence and relevant materials, the inquiry committee finding is that there exists no credible evidence that Dr. Mann had ever engaged in, or participated in, directly or indirectly, any actions with intent to delete, conceal or otherwise destroy emails» I find the phrase «There exists no credible evidence» to be a statement of fact.

Judy Curry has had this material many times but chooses to ignore the scientific fact that the Greenhouse gas effect does not exist.

As explained above, the premise of human dependence on ecosystems exists before any consideration of material facts or theories about the state of the planet.

The SJC rejected plaintiff's contention that a genuine issue of material fact exists concerning whether the BHA's various verbal assurances to her mother about the condition of the leased premises were the kind of «explicit and specific assurances of safety or assistance» contemplated under G.L. c. 258, § 10 (j)(1).

On appeal, the workers argued that there existed a genuine issue of material fact related to whether Zurich owed them a duty of care, and thus granting summary judgment in Zurich's favor was in error.

To prevail on summary judgment, the defendant is required to demonstrate that no genuine issue of material fact exists and the undisputed facts, when viewed in a light most favorable to the plaintiff, require judgment for the defendant as a matter of law.

CONCLUSION For the reasons set forth above, and because no issue of material fact exists for determination by a jury, it is axiomatic that summary judgment for Defendant should be granted.

The court continued, explaining that «a genuine issue of material fact exists where facts concerning an issue that would dispose of the litigation are in dispute or where the undisputed material facts are capable of supporting conflicting inferences on such an issue.»

Secondly, the plaintiffs assert genuine issues of material fact exist regarding whether the step down presented a unique, special hazard....

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.

Whether the conditions for the making of a disclosure order under the Proceeds of Crime Act 2002 existed or did not exist was essentially a question of fact, the question being whether there were «reasonable grounds for believing» that the material relied upon by the Serious Organised Crime Agency was likely to be of substantial value and that it was in the public interest that the material should be produced or that access to it should be given having regard to: (a) the benefit likely to accrue to the civil recovery investigation if the material was obtained; and (b) the circumstances under which the person concerned had any of the material in his possession, power or control (criteria (a) and (b)-RRB-.

The law regards this marriage as never having existed, and its invalidity may be asserted and shown in any proceeding in which the fact of marriage may be material.

It only held that a material dispute of fact existed regarding the defendant bar's knowledge and held that a jury should make the ultimate determination.

A material change likely exists where, if the facts were known at the time of the initial order, a different result would have followed.

Not only must you prove your client prevailed, but you must prove the losing party or the losing party's attorney «knew or should have known that a claim or defense» was «not supported» by the material facts needed or by the application of then existing law to those facts.

(iii) the new point enables the EAT plainly to say from existing material that the employment tribunal judgment was a nullity; in such a case, it is the EAT's duty to put right the law on the facts available to the EAT;

Michael Beloff QC, appearing for BCA and four of its member companies, told the court there was insufficient consultation on the impact on existing casinos, and that the secretary of state was «in material error of fact» in thinking few existing casinos were of sufficient size to qualify under the new licensing regime.

Moreover, don't forget to reveal all material facts to the insurance company as not doing so may result in the cancellation of the existing base policy.

Because your policy can be cancelled or even rescinded (no coverage ever existed) for material misrepresentation of facts about the risk that's being taken on.

However, the Federal Circuit in Globetrotter did not elaborate on the analysis of objective baselessness in the context of patent infringement, concluding that the suit was not objectively baseless because a genuine issue of material fact existed with respect to non-infringement of the patent at issue.

However, because Berry did not produce any evidence on this matter, the court found that issues of material fact existed and that summary judgment was unwarranted.

Agawam Realty v. Haggerty (223 A.D. 2d 518)- summary judgment for broker's commission reversed; material issues of fact exist as to whether broker procured a buyer who was ready, willing and able to purchase; seller accepts second offer after initial buyer failed to sign contract and tender deposit within 8 days of receipt of contract which was based on terms of offer made by buyer in Purchase Memorandum; issue of fact as to whether buyer was willing to purchase as measured by whether buyer was provided reasonable time to sign contract and tender deposit; dissent finds broker earned commission prior to seller's determination buyer was unwilling to purchase.

Bethka v. Jensen (250 A.D. 2d 887)- fraudulent misrepresentation; questions of fact exist whether seller made material misrepresentation which induced buyer to purchase the property and whether a reasonable inquiry by buyers would have revealed the undisclosed condition (sewer system special assessment).

If the plaintiff can demonstrate that a material issue of fact exists, then the motion will not be granted.

(a) act in the best interests of the client; (b) act in accordance with the lawful instructions of the client; (c) act only within the scope of the authority given by the client; (d) advise the client to seek independent professional advice on matters outside of the expertise of the licensee; (e) maintain the confidentiality of information respecting the client; (f) without limiting the requirements of Division 2 [Disclosures] of Part 5 [Relationships with Principals and Parties], disclose to the client all known material information respecting the real estate services, and the real estate and the trade in real estate to which the services relate; (g) communicate all offers to the client in a timely, objective and unbiased manner; (h) use reasonable efforts to discover relevant facts respecting any real estate that the client is considering acquiring; (i) take reasonable steps to avoid any conflict of interest; (j) without limiting the requirements of Division 2 [Disclosures] of Part 5 [Relationships with Principals and Parties], if a conflict of interest does exist, promptly and fully disclose the conflict to the client.