Sentences with phrase «of factual disputes»

Nor can I discern in those First Amendment considerations that led us to restrict the States» powers to regulate defamation of public officials any additional interest that is not served by the actual malice rule of New York Times, supra, but is substantially promoted by utilizing this Court as the ultimate arbiter of factual disputes in those libel cases where no unusual factors, such as allegations of harassment or the existence of a jury verdict resting on erroneous instructions, cf. New York Times, supra, are present.

A rally resulting in serious injuries can present a number of factual disputes.

This was identical to the approach taken by the majority in Scott on the question of where summary judgment is appropriate, despite an assertion of a factual dispute.

New York court reverses lower court decision in favor of broker because of a factual dispute in a case where an individual fell during a showing and then brought a lawsuit for her injuries.

Not exact matches

The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an «Award»).

I like stats because they are factual pieces of information that can not disputed, but that doesn't mean I don't watch Arsenal on a regular basis, because I do.

Some stats are very important, because they're are factual pieces of information that can not be disputed.

The reporting committee has previously selected cases that favour the Home Office in a factual dispute and the decision exposes the committee to accusations of bias.»

Statements of dispute, which allow both creditors and consumers to report the factual history of an account.

The Factual Verification Process starts with the filing of a drafted dispute with each credit bureau using all required language under the FCRA to ensure complete compliance by the credit bureaus and proper verification of information furnished by creditors.

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

The Factual Verification Process starts with the filing of an attorney drafted dispute with each credit bureau using all required language under the FCRA to ensure complete compliance by the credit bureaus and proper verification of information furnished by creditors.

The Factual level: disputes over «matters of fact» a) not only observational, but all claims about the world b) disputes are settled by appeal to methodological level c) at this level the rules are taken as given

The Methodological Level: disputes over the rules to settle factual disputes a) are in effect «rules of evidence» b) serve as a kind of «science court» in which a «verdict» on factual disputes is resolved by appeal to «evidence» c) this reflects the empiricist's commitment to the «Leibnizean ideal» d) explains how a «staggering proportion» of disputes are in fact resolved e) however, occasional disputes over the methodological rules arise 3.

Dahlia Lithwick finds parallels to Guantanamo, «as a noble effort suddenly got mired down in tricky factual disputes, cultural and religious clashes, and the practical necessity of warehousing hundreds of human beings for an indefinite period of time.»

In principle, however, EU law can have two different roles in investment disputes; it can either be a factual element or part of the applicable law.

Mr. Winkler represents both plaintiffs and defendants in complex factual and legal disputes both at trial and at all levels of Appeal.

Although the opinion starts off as a criticism of the district court for not properly evaluating the factual dispute over whether the employer had properly adopted its computer usage policy, the appellate court went on to proclaim the preeminence of the attorney - client privilege over employers» computer usage policies.

The district judge, after deciding the factual dispute, will then interpret the patent claim in light of the facts as he has found them.

First, the factual predicate upon which a lawyer bases such an analysis depends primarily upon the accuracy of the client's story, at least at the preliminary stages of a dispute, when legal memoranda are widely used to assess the viability of potential lawsuits.Second, the law itself is frequently uncertain when applied to the facts of a particular dispute.

LRW problems typically focus on a disputed area of law or at least a factual dispute.

She did not dispute the factual underpinnings of the Crown's case.

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 class action litigation involved numerous complex legal, factual, and scientific issues, including disputed scientific literature and medical studies regarding the benefits of glucosamine and chondroitin.

Although the Court did not rule on the factual issues in dispute involving «reasonable excuse» and «prejudice» and could not do so in the absence of a full evidentiary record, there was commentary with respect to the concepts of «reasonable excuse» and «prejudice.»

I see no reason to be worried about Ball's sentence — or, more generally, the fact that judges apply ordinary burdens of proof when resolving factual disputes at sentencing.

However, citing the Ontario Court of Appeal's affirming ruling in this Healey, Annis J. held that this case was well suited for summary judgment because there was little in dispute of a factual nature as it was largely based on materials taken from various blogs.

Since the majority frames the issue as a dispute over the interpretation of a contract, and the factual matrix surrounding the making of the settlement contract was not materially in dispute, it is possible to conclude the record before the Chambers Judge was not deficient:

The court found that the factual matters at the core of this dispute arose in New York, and therefore key witnesses, namely the plaintiff's supervisors, as well as the bulk of the evidence, were in New York.

The purpose of summary judgment motion is to obtain a just, speedy, and inexpensive resolution by avoiding a trial in cases where there is no genuine factual dispute.

When considering if the English Court is clearly the appropriate forum for the dispute to be determined, the factors the English Court may consider are wide, and include: (i) the personal connections the parties have to the countries which are relevant to the dispute (ii) the factual focus of the dispute (i.e. in what country / countries did the relevant events occur)(iii) factors affecting convenience or expense, such as the location of witnesses and / or documents (iv) applicable law and (v) whether the matter would receive a fair trial in another jurisdiction.

Further, the relevant factual matrix spanned several jurisdictions raising issues of the applicable law and the appropriate forum (country) for the dispute to be heard.

[2] To be relevant, the proposed testimony must be «sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute.»

Now that claims are more likely to proceed on the basis of the vicarious liability of employers, there will be narrower factual disputes to consider which will have a significant bearing on determining whether or not a fair trial can proceed.

● «Secondly, because the defendant was convicted of the offence before a criminal court, he can have no grounds for disputing the factual basis of the tort now alleged against him, or his liability for its commission.»

She did not dispute the factual underpinnings of

7.5 RULE: WCAT will normally grant the appellant's request for an oral hearing where the appeal involves a significant issue of credibility, where there are significant factual issues in dispute, and / or where there are other compelling WCAT reasons for convening an oral hearing (e.g. where an unrepresented appellant has difficulty communicating in writing or in English).

The fact that many disputes are factual, as opposed to legal, stresses the critical importance of strong adversarial and analytical skills, rather than an extensive knowledge of various legal areas in which you may not practise.

The Prosecutor should consider whether the hearing can be conducted by a factual summary and submissions without the necessity of calling evidence or by conducting a focused hearing dealing with only issues that are in dispute.

And, although it ruled in Markman that claim construction poses a question of law for a judge, that did not imply or create an exception to Rule 52 regarding underlying factual disputes.

I'm sure some smart programmer can come up with an algorithm for most personal disputes, including both factual templates and the application of simple legal principles.

Doing would involve the usual steps of drafting the complaint, serving the defendant, waiting to see if he answers and if so what legal or factual claims the defendant will dispute.

There is no factual element of this case that is really disputed with respect to this charge.

However, like the application judge, in the particular circumstances of this case, especially the lack of any real factual dispute, the court found that any technical error in the procedure followed was insufficient to undermine the result: Rule 2.01 of the Rules of Civil Procedure.

[Or, to be more precise, the district court resolves factual disputes in favor of the non-moving party.]

The dispute in the present case is over whether the compelled disclosure is of purely factual and uncontroversial information.

Upon the timely filing of a notice of contest, the department shall, within 5 business days, schedule an informal conference with the obligor to discuss the obligor's factual dispute.

When courts or legislatures do address the principles for adjudicating child custody disputes, they often act without close attention to factual complexity, empirical evidence, or respect for generally prevailing principles of lawmaking... [An] example of thoughtless action in the custody area occurred in the 1980s when several jurisdictions adopted a strong preference for joint custody... [T] he presumption for joint custody was adopted without careful attention to empirical evidence or diversity of factual situations....

The board «disputes many factual and legal aspects of the commissioner's application, but the tribunal did not resolve any of those disputes because it dismissed the application solely on a question of law,» says the ruling.

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original instance