It is the time where the legal team can begin to gain a greater understanding
of the factual issues in a case and where legal strategies can emerge and begin to develop based on the type of information that is found in the collection of documents.
In her dissenting opinion, Circuit Judge Pauline Newman offers an interesting historical review of the right to a jury trial on these sorts
of factual issues.
«I think this is sort
of a factual issue,» said David Jones, president and CEO of the society and an MTA board member.
«a determination after a hearing on the merits
of a factual issue, made by a State court of competent jurisdiction... [and] evidenced by a written finding, written opinion, or other reliable and adequate written indicia, shall be presumed to be correct»
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»).
When Colbert starts tweeting lies about that very politician and then claims they are not meant as
factual statements it gives you a better sense
of the real
issue.
Lewontin, a Marxist whose philosophical sophistication exceeds that
of Sagan by several orders
of magnitude, came to see the
issue as essentially one
of basic intellectual commitment rather than
factual knowledge.
In brief: Such websites point to logical and
factual flaws in the writings
of the Intelligent Design movement and take
issue as well with their intellectual honesty — as when, ever eager to write the obituary for Darwinian theory, they fail to acknowledge progress in evolutionary biology.
The
issue is really the
factual one as to the possibility
of articulating philosophically a conception
of God with which our encounter - knowledge is compatible.
The legal
issues and
factual background
of Stenberg forced each Justice to confront the raw facts
of precisely how abortion brings about the destruction
of the human fetus.
I'm happy to discuss any religious
issue on here from the validity to the bible to the
factual accounts
of Christ.
Out
of the thousands
of factual statements in each
issue, that is not many.
And secondly no matter how you call the true Arsenal fans who have decided to be less sentimental and face our
issues the way they really are, evil, or draft this kind
of well scripted article to defend Wenger and his philosophy, it will not change the fact that we have not won the EPL in over a decade and Wenger's approach has not worked and there nothing more
factual than that.
Presenting
issues like privilege in a
factual way at home is a lot easier on kids than leaving them to figure those things out for themselves when they're older, have more misconceptions to overcome, and are less protected from the consequences
of their interpersonal missteps and mistakes.
The result is that this is a highly contentious
issue that is rarely addressed solely with scientific and
factual information, but rather is charged with the emotion
of personal experience.
Also speaking at the occasion, Dr. Uju Agomoh, former Executive Director
of Prisoners» Rehabilitation and Welfare Action (PRAWA) encouraged members to generate forward looking
issues that are rich, purposeful, focused and
factual in order to attract needed attention from stakeholders.
What about the general
issue of factual accuracy?
I am totally onboard for many reasons
of eating a WFPBD (whole foods plant based diet) but in the context
of a forum like this the discussion becomes almost religious, and religious has NEVER settled any
factual or scientific
issue.
With goal to find the truths and the lies around the
issue, this article provides a description and an analysis
of important
factual information regarding the practices
of FGM and its -LSB-...]
Like all applications, R programs explicitly record the actions
of analysis and make it easy to reproduce and update report, which means it can quickly try many ideas and
factual issues.
Second, the Times story and the response reminds us that the accountability and responsiveness that journalists ask
of public officials is not something that they're always equally willing to give to readers and sources — especially when the
issue is a matter
of interpretation than
factual accuracy.
Their concurring in part and dissenting in part opinion argued: (1) the court should not have reached the
issue because: «n reaching the merits
of the Section 10 challenge, the court ignores the fact that the Duncan complaint (which raised the Section 10 challenge) was dismissed by the district court for failure to state a claim under NRCP 12 (b)(5);» and (2) the
issue is one
of first impression, which the justices, in dissent, said is «not as well - defined and easily resolved as my colleagues suggest,... the proper action here, had a majority
of this court not determined that SB 302's funding is unconstitutional, would be to remand this matter to the district court for further proceedings and
factual development as to this claim.»
(b) If, as a service agent, the Department
issues a PIE concerning you, the PIE applies to all your divisions, organizational elements, and types
of services that are involved with or affected by the noncompliance that forms the
factual basis for
issuing the PIE.
(f) The application
of a PIE is not limited to the specific location or employer at which the conduct that forms the
factual basis for
issuing the PIE was discovered.
Panelists will wade through legal requirements, ethical arguments,
factual issues, and the potential long - term impacts
of filtering.
It should be the profound analysis
of this
issue, the well - structured discussion based on the
factual information that leads to certain conclusions.
A good copyeditor will point out where you may have a copyright concern or
factual error, but he or she won't be able to point out every single potential
issue, and giving your manuscript another sweep with these sorts
of issues in mind is your responsibility and no one else's.
Requiring this case to be litigated on an individual basis would risk disparate results in nearly identical suits and exponentially increase the cost
of litigation... Class action, by contrast, would achieve economies
of time and effort, resolving common legal and
factual issues «without sacrificing procedural fairness or bringing about other undesirable results.»
The panel will consider all
factual and legal
issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote
of the majority.
This section addresses those complexities by providing
factual information and educated opinion about animal
issues and by exposing the hypocrisy, lies, and violent acts
of the animal rights movement.
Re # 200, Tony, I say the public perception is generally (60 - 80 %
of the general population) informed and influenced in their opinions
of issues by the media rather and hence that story told by that reporter needs to be
factual and not just a political one to suit the agenda
of people who only wish to hear what they can find to back all their already distored version
of the truth
of the matter.
That change will not happen until a majority
of them study the
issues and come to conclusions based on
factual information, rather than «noise» from interest groups or from pandering to same.
Unsurprisingly, the survey confirmed climate change to be a largely politicized
issue, viewed too often along party lines instead
of according to
factual analysis (and both parties are guilty
of this, in different ways — there are plenty
of liberals who proclaim their allegiance to the fight against global warming without a basic education on the
issue).
== > «and the pretended indifference and uninterest is just an excuse not to have to address the
issues its complete lack
of factual truth raises...»
Obviously, because you * do * care about it, and the pretended indifference and uninterest is just an excuse not to have to address the
issues its complete lack
of factual truth raises.
The reply also confirms the accuracy
of virtually all
of my
factual assertions about the likely change in pH, the natural variation in pH and other
issues, including the involvement
of a Greenpeace ship in a research project.
The responses
of advocates
of US climate change policies to these arguments are almost always to take
issue with the
factual economic and scientific conclusions
of these arguments by making counter economic and scientific claims.
I'm thinking the next post should be a roundaup
of both the plagiarism
issues and the
factual issues.
And so, the
issue,
of course would be the
factual one.
From the November 19, 2009, New York Times and Washington Post front - page initial news reports
of hacked e-mails from the University
of East Anglia (a place up until then unlikely to find itself on American newspaper's front pages)... to subsequent findings
of a silly
factual mistake in the IPCC's Fourth Assessment forecasting disappearing Himalayan glaciers just 25 years from now... to the disappointments
of last December's international negotiations in Copenhagen... to data pointing to growing uncertainty and confusion on the climate change
issue in the minds
of many Americans and their public officials....
Contractual interpretation involves
issues of mixed fact and law as it is an exercise in which the principles
of contractual interpretation are applied to the words
of the written contract, considered in light
of the
factual matrix
of the contract.
With today's release
of Brief Finder, CARA's analysis finds not only relevant cases, but also briefs that are relevant to the legal and
factual issues in a given document.
The case's procedural history is very complex (the Advocate General referred to it as either Kafkaesque or tilting windmills like Don Quixote, depending on your point
of view), so after only a brief
factual discussion I will focus on the two major constitutional
issues that the Court had to deal with:
Maybe it would be open on the evidence for the trier
of fact to make that inference, but it wouldn't amount to a hill
of beans, even a campfire's worth, unless the inference was
of a necessary connection in which case «substantial» is meaningless, if the
issue is
factual causation which is clearly what's referred to in para. 10
of Clements.
Each student selects a legal
issue, hypothetical or otherwise, to research, and then finalizes the formulation
of the
issue and any
factual matrix in consultation with me.
The judge's refusal to dismiss the claims
of trademark dilution was based on his finding that the complaint presents «legal and
factual issues not appropriate for resolution at this motion to dismiss stage.»
While the
factual circumstances may no longer prevail and indeed because
of other safety nets put in place since then it is unlikely to be repeated, there were other legal and regulatory
issues in the case that await final resolution.
A detail as simple as whether or not it was dark outside at the time
of the incident at
issue can make a huge
factual difference in a case that ultimately will end up in trial.
Any material which paints the private prosecutor as someone other than a dispassionate Minister
of Justice — as motivated by greed or too easily controlled by his client — could make an important difference to how the
factual issues are ultimately judged.
The attorney must do so by remaining regularly engaged in the expert's work, by educating everyone involved in the e-discovery workup about the legal
issues in the case, the
factual matters impacting discovery, including witnesses and key evidentiary
issues, the obligations around discovery imposed by the law or by the court, and
of any relevant risks associated with the e-discovery tasks at hand.