Sentences with phrase «not legal determinations»
20 Rule 201 authorizes the court to take notice only of «adjudicative facts,» not legal determinations.
http://news.lawreader.com/ Not exact matches
The court specifically noted that this was not a final determination of the issue and that discovery would be needed to fully resolve the legal question, which we think should be decided in our favor when all of the evidence is in.
The DOL's former head of wage enforcement, David Weil, recently suggested that weighing whether gig economy workers should be classified as employees or independent contractors is not so different than making the same determination for workers at brick - and - mortar businesses.84 Existing legal tests to determine whether a worker is an employee or an independent contractor are multifactor, fact - based exercises based on the level of control a company exerts over the workers in question.
So the courageous pro-choice position must be that whether a fetus is a legal person must not depend on the mystical, idiosyncratic determination of the mother that her embryo is or isn't a person to her.
Reaffirmation of the doctrine that religious motivation does not override substantial secular concerns relating to health and welfare was recently evidenced by the United States Supreme Court determination that sale and distribution of drugs, even though religiously motivated, was not immunized from legal accountability.
That this House notes that ISIL poses a direct threat to the United Kingdom; welcomes United Nations Security Council Resolution 2249 which determines that ISIL constitutes an «unprecedented threat to international peace and security» and calls on states to take «all necessary measures» to prevent terrorist acts by ISIL and to «eradicate the safe haven they have established over significant parts of Iraq and Syria»; further notes the clear legal basis to defend the UK and our allies in accordance with the UN Charter; notes that military action against ISIL is only one component of a broader strategy to bring peace and stability to Syria; welcomes the renewed impetus behind the Vienna talks on a ceasefire and political settlement; welcomes the Government's continuing commitment to providing humanitarian support to Syrian refugees; underlines the importance of planning for post-conflict stabilisation and reconstruction in Syria; welcomes the Government's continued determination to cut ISIL's sources of finance, fighters and weapons; notes the requests from France, the US and regional allies for UK military assistance; acknowledges the importance of seeking to avoid civilian casualties, using the UK's particular capabilities; notes the Government will not deploy UK troops in ground combat operations; welcomes the Government's commitment to provide quarterly progress reports to the House; and accordingly supports Her Majesty's Government in taking military action, specifically airstrikes, exclusively against ISIL in Syria; and offers its wholehearted support to Her Majesty's Armed Forces.
Recognition remains a legal and an international obligations issue that we're still studying, and we have not made a definitive determination on that question.
«That this house notes that ISIL poses a direct threat to the United Kingdom; welcomes United Nations Security Council Resolution 2249 which determines that ISIL constitutes an «unprecedented threat to international peace and security» and calls on states to take «all necessary measures» to prevent terrorist acts by ISIL and to «eradicate the safe haven they have established over significant parts of Iraq and Syria»; further notes the clear legal basis to defend the UK and our allies in accordance with the UN Charter; notes that military action against ISIL is only one component of a broader strategy to bring peace and stability to Syria; welcomes the renewed impetus behind the Vienna talks on a ceasefire and political settlement; welcomes the Government's continuing commitment to providing humanitarian support to Syrian refugees; underlines the importance of planning for post-conflict stabilisation and reconstruction in Syria; welcomes the Government's continued determination to cut ISIL's sources of finance, fighters, and weapons; notes the requests from France, the US and regional allies for UK military assistance; acknowledges the importance of seeking to avoid civilian causalities; using the UK's particular capabilities; notes the Government's will not deploy UK troops in ground combat operations; welcomes the Government's commitment to provide quarterly progress reports to the House; and accordingly supports Her Majesty's Government in taking military action, specifically airstrikes, exclusively against ISIL in Syria; and offers its wholehearted support to Her Majesty's Armed Forces.»
In the overall circumstances surrounding the organization of the Ghana Expatriate Business Awards, whilst the proponent of the motion could not justify his use of the word «levy» from a legal - technical point of view, it can not be denied that, from the evidence on record, the Ministry of Trade and Industry played a pre-eminent role in the determination of the amounts «solicited» by the MEF.
But the Supreme Court, in making a determination on a similar application filed by Woyome for stay of proceedings pending the final outcome of the case before the African Court, argued that there was no real factual and legal basis for it to share its powers and jurisdiction with any other court, and so it can not be compelled to halt the ongoing proceedings.
The fact that a loss is reportable under these regulations does not affect the legal determination of whether the taxpayer's treatment of the loss is proper.
I believe that the leaking of this draft is entirely legal, that the taxpayer funded report report is properly in the public domain under the Freedom of Information Act, and that making it available to the public is in any case protected by established legal and ethical standards, but web hosting companies are not in the business of making such determinations so interested readers are encouraged to please download copies of the report for further dissemination in case this content is removed as a possible terms - of - service violation.
ICBC's internal determination of fault has zero bearing in a court of law, and should not be accepted without independent legal advice.
The insertion of a reference to «informational self - determination» in the EU Charter was rejected during its drafting not least because of the strong links it has to one national legal order and the perceived influence this would have on the future design of EU data protection law.
In her legal career Charlene had never encountered a challenge that stoic hard work and determination couldn't beat.
In addition, the advertisement must state that a conflict of interest or a determination by the lawyer that the legal service being offered is not appropriate for a particular purchaser may prevent the lawyer from providing the service and, if so, the purchaser's money will be refunded.
Replay, he says, is entirely about factual determinations — safe / out, down / not down, fumble / no fumble — not interpretation of legal rules.
However, such determinations are not possible or are only possible to an extremely basic extent if the person in question lacks expertise outside the legal profession.
He added that the following values were all to be appreciated and brought into a pragmatic balance: that an efficient and cost - effective and relatively informal type of alternative dispute resolution should not be stifled by the imposition of legal doctrine; that the opportunity for the development of new ideas fitting to financial service industries operating in consumer markets should be appreciated for the benefits they could bring; that on the other hand transparency, consistency and accessibility as to the principles which informed the ombudsman's determinations remained virtues in the new setting; and that publicity as to those principles and those determinations could assist in that regard.
But it does not mean that they did not have a bona fide interest in having a judicial determination of their legal claims.
He does not contemplate the possibility that the parties may simply have wanted a determination of the factual and legal issues raised by the dispute between them.
The reality is that this was a factual dispute, not a legal one, and without that factual determination there was no legal relief.
Perhaps I am unduly sensitive to administrative law deference, but I find it disturbing that a judge not only does not defer to LAO's determination that a person is financially and legally eligible for legal aid, and as to what type of legal aid is appropriate for that person, but instead assumes that determination was an unjustified misuse of public funds.
We can advise you whether or not the relationship is that of an employee, independent contractor or so - called dependent contractor, and the legal consequences of that determination.
The problem is simply stated as follows: Develop a principled approach to reconcile traditional accounts of the rule of law with the modern reality that administrative agencies and statutory tribunals who do not operate like or resemble the ordinary courts but who nevertheless occupy a large amount of space in our legal system and can not avoid making legal determinations in exercising their statutory duties which often implicate individual rights and interests to a greater extent than judicial decisions.
(c) This section supplements, and does not replace any other pretrial or trial procedure otherwise available to resolve an evidentiary or other legal issue affecting the determination of compensation.»
Whether the Ministry's criticism is warranted or not, this belief has influenced the Ministry's determination to update their efforts to enforce legal compliance.
«Working in legal aid clinics requires someone who is not only intelligent and willing to serve others, but someone with compassion, determination and a drive to help clients.»
The determination whether or not your injuries meet the threshold for pain and suffering is a legal determination.
We regularly provide familiarisation sessions for witnesses who are due to give evidence in a wide variety of legal forums including but not limited to: civil courts, international arbitrations, tribunals, inquiries, criminal courts, depositions, expert determinations, select committees, coroners inquests and professional misconduct conduct hearings.
Required the Attorney General, upon making his or her written determination, to request proposals from private attorneys to represent the Department of Legal Affairs on contingency - fee basis unless the Attorney General determined in writing that requesting such proposals were not feasible under the circumstances.
21 Therefore, a court can not take judicial notice of another court's legal determination that a party constituted a state actor for the purposes of § 1983: That determination is neither an adjudicative fact within the meaning of Rule 201 nor beyond «reasonable dispute.»
I'm not in a position to make that determination, and I understand that written legal judgments only reflect a fraction of what actually occurs in the courtroom.
«For the purposes of all legal proceedings any question as to the meaning or effect of any of the treaties, or as to the validity, meaning or effect of any Community instrument, shall be treated as a question of law (and if not referred to the European Court, be for determination as such in accordance with the principles laid down by any relevant [decision of the European Court or any court attached thereto).]»
The fallacy of the argument follows from the legal fact that the determination of the common issues is only binding on the class members who do not opt out.
That is, an appellate court need not be deferential in reviewing questions of law or legal determinations by a lower court or tribunal.
Illustrate the impact of civil legal aid, including the not - so - easily measured but still critical benefits such as client empowerment, self - determination, and environmental improvements in rental properties
Courts can not treat the legal custody granted by signing an affidavit of parentage (AOP) the same as a judicial determination custody; therefore, a party seeking a determination of custody and parenting time, having only signed an AOP, can not be required, as is the case when modifying an order of custody or parenting time, to show proper cause of a change in circumstances.
Moot court cases occur when a determination is sought on a matter which when decided by the court will not have any practical effect on the existing dispute such as the legal issue no longer exists.
This does not constitute legal or insurance advice, nor does it pertain to determination of fault.
If an ISP with a warrant canary receives gagged legal process, it should obtain legal counsel and go to a court for a determination that it can not be required to publish false information.
It is the policy of the Employment Screening Resources (ESR) News Blog not to identify background screening firms named in lawsuits that are in pleading stage since allegations are not facts, and there have been no factual or legal determination of any issues.
[138] Megan Davis has argued that a more deliberative democratic process is «not inimical to Indigenous culture» [139] and is corroborated by international legal understandings of self - determination.
However, it is notable that the public debate has not criticised the difficulty of securing a native title determination on the same grounds that it prevents Indigenous people from gaining legal title to their traditional lands, on which economic development depends.
The list of issues however does not include the development of a policy direction for the negotiation of native title agreements, including those ancillary to a determination and those made with traditional owner groups which may not meet the legal tests established under the Native Title Act.
When the primary judge was hearing evidence in this matter the Native Title Act provided that, in conducting proceedings under the Act, the Federal Court, first, was «not bound by technicalities, legal forms or rules of evidence» and, secondly, «must pursue the objective of providing a mechanism of determination that is fair, just, economical, informal and prompt».
Such attempts have devalued traditional «maternal» characteristics such as «nurturing,» in an effort not to give mothers (who are presumed to have such characteristics) an advantage in custody decisions...» — Fineman, Martha and Anne Opie, «The Uses of Social Science Data in Legal Policymaking: Custody Determinations at Divorce,» Wisconsin Law Review, Vol.
In considering whether it is «appropriate» to make the consent determination, the court will consider factors including: the scope and purpose of the NTA; whether or not the parties had independent and competent legal advice; and whether or not there is suggestion that the agreement had not been freely entered into.
As ATSIC stated in the Social Justice Package proposal, Recognition, rights and reform, self - determination should not be constrained within existing legal and political structures as such structures «must be able to be changed to take account of Indigenous rights».
When the primary judge was hearing evidence in this matter the Native Title Act provided that, in conducting proceedings under the Act, the Federal Court, first [20], was «not bound by technicalities, legal forms or rules of evidence» and, secondly [21], «must pursue the objective of providing a mechanism of determination that is fair, just, economical, informal and prompt».