Sentences with phrase «material facts and law»

Not exact matches

John Coffee, a law professor at Columbia University and an expert in securities law, says he believes the company should have disclosed news of the death earlier, and the fact that the stock didn't fall following the news of the crash doesn't prove the event wasn't material and shouldn't have been disclosed.

In a complaint filed in January by Common Cause with the FEC and the Department of Justice, the organization charges that the failure to report this expenditure to the FEC violates not only campaign finance law but also violates federal law prohibiting false statements of material fact to the Federal government.

As Common Cause alleged in its January complaints filed with the FEC and DOJ, the Trump campaign's failure to report this expenditure to the FEC would not only violate the campaign finance law disclosure requirements, 52 U.S.C. 30104, but would also violate the federal law prohibiting false statements of material fact to the federal government, 18 U.S.C. 1001.

FACT argued that the ordinance reinforced the prevailing prejudices that women are not interested in sexual expression, that sexually explicit materials are degrading to women, and that women can not make choices about sexual matters for themselves but need the paternalistic protection of the law.

In fact, he still does — though it has already been transformed and resurrected and is therefore no longer subject to the ordinary laws of our physics, which govern only mortal bodies and material objects.

The NCAA needed to convince the judge that no genuine and disputed issues of material fact remain, and when viewing the evidence most favorably to the players, that the NCAA would be clearly entitled to prevail as a matter of law.

But New York State Supreme Court Justice William Ford found Lake «has failed to sustain his burden of demonstrating how the court has misapprehended or overlooked key, material or relevant points of law or facts and evidence,» according to the decision filed earlier this month.

Two criteria must be met before summary judgment may be properly granted: (1) there must be no genuine issues of material fact, and (2) the Movant must be entitled to judgment as a matter of law.

The Underwriting Agreement between the Trust and Northern Lights Distributors, LLC («NLD») provides that the Registrant agrees to indemnify, defend and hold NLD, its several officers and directors, and any person who controls NLD within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which NLD, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) any omission, or alleged omission, to state a material fact required to be stated in any Registration Statement or any Prospectus or necessary to make the statements in any of them not misleading, (iii) the Registrant's failure to maintain an effective Registration statement and Prospectus with respect to Shares of the Funds that are the subject of the claim or demand, or (iv) the Registrant's failure to provide NLD with advertising or sales materials to be filed with the FINRA on a timely basis.

The Underwriting Agreement between the Trust and Ceros Financial Services Inc. («Ceros») provides that the Registrant agrees to indemnify, defend and hold Ceros, its several officers and directors, and any person who controls Ceros within the meaning of Section 15 of the Securities Act free and harmless from and against any and all claims, demands, liabilities and expenses (including the reasonable cost of investigating or defending such claims, demands or liabilities and any reasonable counsel fees incurred in connection therewith) which Ceros, its officers and directors, or any such controlling persons, may incur under the Securities Act, the 1940 Act, or common law or otherwise, arising out of or based upon: (i) any untrue statement, or alleged untrue statement, of a material fact required to be stated in either any Registration Statement or any Prospectus, (ii) the breach of any representations, warranties or obligations set forth herein, (iii) any omission, or alleged omission, to state a material fact required to be

Heck, the newest member of the SCC even wrote about the subject of the SCC, Clements, and «material contribution in the — get this — Supreme Court of Canada Law Review: Russell Brown, «Cause - in - Fact at the Supreme Court of Canada: Developments in Tort Law in 2012 - 2013» (2014), 64 S.C.L.R. (2d) 327.

' The disputing parties can invoke EU law related arguments in intra-EU arbitrations if this is considered a good litigation strategy and if the facts and legal materials facilitate their use, and this holds true irrespective of the wording of the arbitration clause or the content of the arbitration rules that govern the dispute.

Rather, everyone understands that such practices are de rigueur because the senior folks are simply way too busy handling other senior - level tasks to undertake the very time - consuming process of researching all of the relevant facts and legal issues pertinent to a judicial opinion, legal brief, or law journal article, and crafting all that raw material into persuasive prose.

The fact that the EUSFTA does not explicitly allow for cross-suspension (for instance, suspending the reduced tariff rates for certain categories of imported goods in the event of a breach of one of the environmental provisions), did not deter the Court from finding that a breach of Chapter 13 could constitute a material breach of the Treaty and therefore authorising the Parties to suspend the agreement under international treaty law.

No one should act on the basis of these materials without seeking appropriate professional advice as to the particular facts and applicable law involved.

The state and federal judiciary have organizations that specialize in training judges, such as the ABA's Appellate Judges Conference8 and the Federal Judicial Center.9 Both of these organizations provide seminars in judicial opinion writing and have published helpful references.10 The interest in judicial opinion writing courses in law schools has developed more recently.11 In fact, law professors teaching these courses have used material designed for judges and their law clerks, assigned readings, their own materials, or some combination of these three.

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.

Specifically, the court noted that the party seeking summary judgment «bears the burden of making a prima facie showing that there are no genuine issues of material fact and that the movant is entitled to judgment as a matter of law.»

A panel reviewing a decision of a single judge under s. 680 (1) is to be guided by three principles: absent palpable and overriding error, the review panel must show deference to the judge's findings of fact; the review panel may intervene and substitute its decision for that of the judge where it is satisfied the judge erred in law or in principle, and the error was material to the outcome; in the absence of legal error, the review panel may intervene and substitute its decision for that of the judge where it concludes the decision was clearly unwarranted.

He also mentioned Blue J Legal, a system that analyses fact situations returning relevant case law and other materials and succeeds in reducing the mysterious aspects of the process by revealing how the system arrived at its results.

The opposing lawyer may even argue to The Wise One that there is no «genuine issue of material fact» and that their client is entitled to «judgment as a matter of law».

Arguing in Writing: drafting a statement of fact and law for Small Claims Court by Marcel D. Mongeon for the Paralegal Society of Ontario (in your materials).

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.

That's because of trends in case law and the way the language in the act has been interpreted, particularly around what she calls the «open - ended concept of all other material facts» needing to be disclosed.

Nevertheless, it held that the material was «primarily and predominantly of a legal character» because it «relate [d] and integrate [d] the facts with the law firm's assessment of the client's legal position.»

European appeals routinely address both questions of fact and law (and have more flexibility than merely ordering a trial de novo if the trial court screwed up a material point).

Experienced in representing people in personal injury and underinsured and uninsured motorist claims, arguing the facts and law in court, writing on the subject and presenting materials at continuing education seminars.

Generally, securities laws require reporting issuers to publicly disclose all material changes, material facts and material risks to their business.

The law varies in every jurisdiction throughout the United States and accordingly, you should not rely on any opinion except for an attorney you have retained who owes you a professional and legal duty to advise you after you have provided all of the material facts and who is licensed in the applicable state and knowledgeable of the applicable law.

The party moving for summary judgment must show there are no genuine issues of material fact and the case is appropriate for judgment as a matter of law.

40 See, e.g., William M. Sullivan, et al., Educating Lawyers: Preparation for the Profession of Law 107 (2007)(noting that in many schools» first - year legal writing courses, «[s] tudents use simulated files of materials in order to develop full - blown legal memoranda that require students to relate a specific set of facts and procedures to a dispute at the trial level»); Vorenberg & McCabe, supra note 40, at 6 — 7.

A motion for summary judgment may be granted under Federal Rule of Civil Procedure 56 if the entire record demonstrates that «there is no genuine issue as to any material fact and · · · the moving party is entitled to judgment as a matter of law.»

The OSC says that by informing other persons of materials facts with respect to one or more reporting issuers, prior to that information being generally disclosed, Finkelstein, Azeff and Bobrow engaged in tipping, contrary to Ontario securities laws, and engaged in conduct contrary to the public interest.

A: FL traffic school is comprised of a combination of reading, listening and watching material about Florida traffic laws, defensive driving skills, car facts, traffic statistics and more.

Researched points of law and reviewed facts in evidence to provide Superior Court Judge with information material to judicial conclusions

The law requires disclosure of all material facts and circumstances related to money — whether asked for or not.

Generally, the law imposes a duty upon sales reps to disclose all material facts known to them that could affect a purchaser's willingness to enter into a contract of purchase and sale (Walls v. Ross & Barta & Whitehouse et.

I agree that its use by non-members and also its pollution by mere posters who generally do not adhere to the law in Ontario that mandates due diligence & care with listing data and material facts (because they often do not even visit the property — and for some reason this requirement is not enforced) should be prohibited and have * nothing * to do with competitiveness.

A third law, new to California, requires mobile home park management to provide to buyers and sellers, in writing, the standards that determine the approval of a prospective homeowner; it also allows management to withhold approval based on concealment of material facts, deceit or fraud.

The law requires real estate licensees to perform the following basic duties when dealing with any real estate buyer or seller as customers: present all offers in a timely manner, account for money or other property received on your behalf, provide an explanation of the scope of services to be provided, be fair and honest and provide accurate information, provide limited confidentiality, and disclose «material adverse facts» about the property or the transaction which are within the licensee's knowledge.

The law requires that sellers and brokers disclose to a buyer any and all material facts known to them which may affect the value or desirability of the property.

In this request, the defendant is asking the judge to rule in his or her favor, arguing that there is no genuine issue of material fact in the controversy and as a matter of law, they should win.

The district court noted that a party may be granted summary judgment if it can show that there is «no genuine issue as to any material fact and... that it is entitled to judgment as a matter of law.»

Indiana law requires licensees to disclose known adverse material facts to their clients, and the trial had ruled that A.M. had failed to disclose known adverse material facts to the Owners but A.M. was protected by a clause in the Agreement.

Undivided Loyalty The fiduciary duty that prohibits the agent from advancing any interests adverse to the principal's interest or conducting the principal's business in such a way as to benefit a customer, a subagent, the agent, or any other party to the detriment of the principal's interest unless required by statute, regulation, or common law — e.g., disclosing material facts and defects of a property.