Sentences with phrase «material facts of the case»

Whether they will apply those rulings depends on a number of things, but primarily on whether the material facts of the case before them are the same as those of the case being considered.

This balancing act must, of course, take into account all the material facts of the case.

Not exact matches

As a matter of fact, the cost of running the business process from start to finish could be restricted to the cost of making phone calls, transportation, internet subscriptions, PR and in some cases materials such as fliers and handbills et al..

As a matter of fact, the educational and training materials on the website are purposely designed to support novice traders in most cases.

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?

In none of these cases was there any intellectual insanity or delusion about matters of fact; but were we disposed to open the chapter of really insane melancholia, with its hallucinations and delusions, it would be a worse story still — desperation absolute and complete, the whole universe coagulating about the sufferer into a material of overwhelming horror, surrounding him without opening or end.

Is it not the case in fact that the Maoists are right in insisting on changing the basic material conditions of life before attempting the subtler cultivation of character through interpersonal rhythms and that the traditional approaches of both Confucianism and Taoism were counterrevolutionary?

While the whodunit still revolves around this pair's collaborating on a case, loyal Lehane fans deserve to be apprised of the fact that the film is only loosely based on the original source material.

Due to this fact, there's a relatively limited selection of colors, materials, and styles to choose from compared to the practically limitless accessories that can be easily adapted into a Kindle Fire case.

There is, at the end of the day, very little dispute about many of the most material facts in this case.

The first is the insurance risk premium, which stems from the fact that producers of goods for public consumption (such as coffee, base metals, and petroleum), as well as the producers of these raw materials, wish to transfer the risk of price fluctuations to speculators, which in most cases are financial institutions.

5 Most men, despite lip - service to equality, are reluctant to give up this «natural» order of things in which their advantages are so great; for women, the case is further complicated by the fact that, as Mill astutely pointed out, unlike other oppressed groups or castes, men demand of her not only submission but unqualified affection as well; thus women are often weakened by the internalized demands of the male - dominated society itself, as well as by a plethora of material goods and comforts: the middle - class woman has a great deal more to lose than her chains.

Lady Justice Gloster of the UK High Court of Justice Queen's Bench Division Commercial Court ruled «I find as a fact that, from its incorporation and at all material times, Chief Etete had a substantial beneficial interest in Malabu», Approved Judgement, Case 2011 FOLIO - 792 17 July 2013.

As will become clearer when we discuss the cases, «material contribution» as a substitute for the usual requirement of «but for» causation only applies where it is impossible to say that a particular defendant's negligent act in fact caused the injury.

In Mostar Directional Technologies Inc. v Drill - Tek Corporation et al., 2017 FC 575, on a motion to strike brought by a defendant, the Prothonotary struck the pleading and dismissed the case on the basis the statement of claim pleaded no material facts... [more]

This motion asks the court to dismiss the case without requiring the defendant to present any evidence, asserting that the plaintiff failed to show that a question of material fact is in dispute.

That doesn't mean plaintiff will necessarily win, but summary judgment (which is decided by a judge as a matter of law) is inappropriate for a case where there are unresolved matters of genuine material fact (which are to be decided by a jury).

As she finds seemingly relevant legal materials, she must understand them and how they apply to the facts of her case.

The facts in this case clearly show that counsel were either purposely stonewalling or completely oblivious regarding the preservation and production of materials from salesforce.com.

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.

-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the material or activity is infringing; (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

[12] The thrust of the applicant's argument is that previous cases, which held printers liable for the contents of the material they printed, were based on the fact that in earlier times printers necessarily had contact with the subject material.

To prove his case of fraudulent misrepresentation, the circuit panel said, Rodi would have to prove not only that the school made a false representation of a material fact, but also that he relied and acted on it and that his reliance was reasonable.

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.

Once in a while I could see in the facts of a case details of the time and place, and it seemed to me that out of such material the century and a half during which the U.S. has been a nation could be written up, not from the standpoint of an individual, as in diaries, nor merely from the angle of the unusual, as in newspapers, but from every standpoint — as many standpoints as were provided by the witnesses themselves.

Therefore, the court found, when the evidence was viewed in favor of the plaintiff, there was a genuine issue of material fact as to whether the defendant driver failed to exercise ordinary care (the standard for Georgia ordinary negligence cases) in parking his truck in front of his home and was therefore potentially negligent.

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.

For example in Ishaq v Canada (Citizenship and Immigration), 2015 FC 156, (a case about whether a woman could wear her niqab during a citizenship ceremony), six public interest groups — including the Ontario Human Rights Commission, the Canadian Civil Liberties Association and the National Council of Canadian Muslims — were refused permission to intervene, as the court determined that they could not advance their proposed arguments without social science evidence to back them up; nor could the court take judicial notice (facts and materials are accepted on a common sense basis without being formally admitted in evidence) of any of the facts necessary to support the arguments.

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.

Note, however, that in the ENRC decision, on the facts of that case it was determined that litigation privilege would not apply to material created for the dominant purpose of litigation where it was intended that the document would be shown to the other side.

In fact the real issue at stake was whether it was necessary to prove in each case that the proven wrongful exposure to asbestos was sufficient to have «doubled the risk» of contracting the disease in order to prove that the wrongful exposure to asbestos had made a material contribution to the onset of the disease.

In order to succeed in a motion for summary judgment, the moving party must establish that there is «no genuine issue of material fact» and that the case should be decided in favor of the moving party.

«Too» because the premise of the Clements material contribution to risk test is that while the the negligence of least one one of the group of two or more negligent persons who whose conduct is found to be a legal cause was, in fact, a factual cause, it is also the case that the negligence of at least one of that group was not, in fact, a factual cause.

[17] In his written material contained in the Defendants» motion record, Mr. Fancy argues that I ought to recuse myself from continuing to be the case management judge because of bias and he cites three main reasons: that my decision on the applications was wrong; that I failed to deal with the fact that MS has launched both applications and claims for the same relief; and that when I was a lawyer more than ten years ago, I was connected with a crime, specifically, a break and enter involving Mr. Fancy's client.

Especially in light of the caselaw discussed above, we are satisfied not only that the Maryland courts would conclude that an aiding and abetting cause of action would lie in the circumstances of this case, but also that plaintiffs have, by way of stipulation and otherwise, established a genuine issue of material fact as to each element of that cause of [252] action.

In that case the House of Lords held that the mere non-disclosure of material facts, however morally censurable, did not create a cause of action.

If a without notice injunction is sought the claimant has an onerous duty of full and frank disclosure of all material facts, including those which may harm its case.

Whether that means that, in practice, there can't be a jury to decide ONLY relevant questions of fact, in a case where the ONLY theory of causation the plaintiff alleges is Resurfice material contribution, is something some judge will have to sort out in due course.

We also haven't seen any cases where a judge said that he or she, before Resurfice, would have found the factual causation issue in favour of the plaintiff using Athey material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the facts, must find the plaintiff failed to establish factual causation on the balance of probability.

Truly court cases have become «evidence - based» in the full meaning of the phrase as expert evidence elucidates the trier of fact on a particular material issue.

The party bringing the application without notice must also make full disclosure of all of the relevant and material facts relating to the order they are seeking (both for and against their case).

The Trademark Office in this case stated that in order to raise a genuine issue of material fact as to its intent to use on a motion for summary judgment, an applicant must rely on specific facts that establish the «existence of an ability and willingness to use the mark in the United States to identify [the goods in the application] at the time of the filing of the application.»

Each case will vary depending on its circumstances, but a Plaintiff who asserts that they were not aware of all material facts to ground a claim of negligence against a doctor or health care provider may be entitled to extend the limitation date past the usual two - year period.

The trial judge noted the distinction between the «but for» test for factual causation and the «material contribution to the risk of injury» test, but ultimately found this case not to be the exceptional one in which the material contribution test to determine cause - in - fact should be used.

In case, the policyholder purchases a policy without mentioning this fact, he may be granted the cover based on his declaration, however, in case of an early death, the insurance company is within its rights to repudiate the claim as he has not disclosed material facts at the time of entering the contract.

Under the Affordable Care Act, rescission is illegal except in cases of fraud or intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage.

In cases of any false or non-disclosure of any material fact, the Plan shall be void and all premium paid shall be forfeited.

In short, the Monsanto Case highlights the fact that government regulation not only imposes an implicit tax on business — it affirmatively distorts the workings of individual markets if it causes the introduction misleading or deceptive information that is material to marketplace decision - making.

In recognition of the fact that participants» practices will likely include non-Collaborative divorce cases, we will dedicate some of our case consultation time to discussing relevant material from other modalities (including mediation, cooperative divorce, divorce coaching, parenting coordination, developing parenting plans, and psychotherapy with individuals and families dealing with separation and divorce).

WOW a lawyer is a deciding that the SPIS is a legal nightmare for Sellers??? Well the legal nightmare in the case he stated seems that the Seller did not disclose the material facts of the property, and the Seller is only having to pay a third of the cost to rectify the problem.