Sentences with phrase «of factual issues»

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.
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