Sentences with phrase «of factual situations»

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....

Article 5 had fallen to be considered in a very wide range of factual situations.

Given the fact that wrongful death can occur in a wide array of factual situations, a Louisville wrongful death lawyer will conduct a detailed investigation of the circumstances and develop a strategy designed to maximize available compensation.

I have recognized that my account of the factual situation is not derived from the Bible.

«My plea is for is lawyers representing fathers in situations like this to do a thorough analysis of the factual situation on the ground, and characterize your case as a preservation of status quo,» Colman adds.

The Commission notes that it has not provided definitive pronouncements of whether particular practices which may be relied upon in criminal matters, for example, will be capable of being recognised consistent with human rights on the basis that this will require a consideration of the factual situation at issue in the particular case.

Not exact matches

To recognize the factual nature of values as responses of actual human beings in actual or imagined situations is to remain on the solid ground of experience which all can understand.

The power of the television industry has acted in this way to shape the public perception of American religious life and culture, not so much by the creation of a particular phenomenon, but by the selective promotion of one particular expression over another in a way that distorts the factual situation.

Oh but don't let that little factual nugget ruin your fantasy of the situation.

It is this insight which reversed our understanding of the scholar's situation with regard to the relation of factual detail and theological interpretation in the gospels.

As actual fact is thereby brought into juxtaposition with the realm of possibilities, relevant, but novel, possibilities for that factual situation emerge into important contrast with what has in fact occurred.

(23) In order to protect the health of infants, the rules laid down in this Regulation and in particular those on labelling, presentation and advertising, and promotional and commercial practices should continue being in conformity with the principles and the aims of the International Code of Marketing of Breast - milk Substitutes bearing in mind the particular legal and factual situation existing in the Union.

Typically this kind of situation involves factual mediation, horse trading and the like.

In two cases, the Second Circuit Court of Appeals sought to translate Supreme Court decisions to different factual situations.

With goal to inform the public about the criminal operations of Boko Haram against Nigeria's peace and examine whether the Nigerian Government has properly confronted the situation within the country, this article provides a description of important factual information which is primarily based on the recent abduction incident of the 200 Chibok girls in Northeastern Nigeria.

Demonstrates the ability to apply specific judgement beyond a specific set of instructions and apply knowledge to different factual situations.

For example, scenarios reinforce concepts by applying the material presented in real - world situations., while posing questions and providing guidance to learners as to how to research the answer rather than simply giving them factual information in the form of lecture content or quiz question feedback is another open inquiry technique.

Often in response to requests from individuals or entities, agencies will respond to requests for interpretation of particular regulatory or statutory provisions, sometimes in response to particular factual situations, and generally by letter.

It is rarely possible to sustain lengthy description without moving to other forms of writing, especially if it is passive, factual description of events and situations.

Colors usually do not correspond with the factual situation, which makes his still life paintings among the first modernist ones of the 20th century.

That is the factual view of the present situation.

In this case, the Court considered whether the family member who claims to be a «dependant» of an EU citizen can be required to produce documents which would prove that there is a factual situation of dependence.

The CJEU notes that the companies are only in direct competition with each other with regards to passengers who pre-book their rides, but that the identification of the factual and legal situation should not be limited to this group of passengers, since all journeys made by taxi, including the ones where passengers hail a cab in the streets, have an influence on London traffic safety.

stated that it «must ascertain whether the domestic courts conducted an in - depth examination of the entire family situation and of a whole series of factors, in particular of a factual, emotional, psychological, material and medical nature, and made a balanced and reasonable assessment of the respective interests of each person, with constant concern for determining what the best solution would be for the

Given a particular factual situation on a law school exam, the highest grade goes to the student who can spot the most issues and describe the most number of potential legal arguments, both pro and con.

It could have been an aggravating factor in terms of free movement, but as far as State aid law is concerned, selectivity has to be examined at the level of one Member State only, the decisive criterion being whether the measure differentiates between undertakings or sectors that are in a comparable factual and legal situation.

Mindful of the fact that there was no direct authority specifically in point, and acknowledging that this was a different factual situation from Spring, the judge was nevertheless of the view that the three-fold test set out in the leading case of Caparo Industries Plc v Dickman & Ors [1990] 2 AC 605, [1990] 1 All ER 568 could be applied to the facts of the case.

In that sense, the STL is selective in that it favours certain undertakings which are in a comparable factual and legal situation in the light of the objective pursued by the measure at issue.

For more specific, comprehensive and up - to - date information, or for help with particular factual situations, you should seek the opinion of legal counsel licensed in your state.

1) Circular causation involves factual situations where it is impossible for the plaintiff to prove which one of two or more possible tortious causes are the cause of the plaintiff's harm;

If domestic violence has been an issue, there are restraining orders that are or have been in place, there are abuse or neglect allegations present (including emotional abuse of a spouse or children), or the co-parents have had trouble coordinating and reaching decisions without outside assistance, be prepared to explain these situations in factual detail so you can avoid summarizing the situation in a vague way.

A candidate shall possess a high degree of knowledge of established legal principles and procedures, and have demonstrated a high degree of ability to interpret and apply the law to specific factual situations.

Alimanovic gave the Court the opportunity to clarify the application of this principle in the more complicated factual situation of an EU citizen who applies for social benefits after having worked for 11 months.

The silver lining in this decision is that the application judge restricted his decision to the particular facts of the case before him, explaining that «this ruling is meant to apply only to the narrow factual situation before the Court; it is not to apply more broadly to allow any insured to obtain interest on amounts left unapplied for after 104 weeks.»

Depending on the factual situation, some negligence claims may include negligent hiring of employees, building and / or equipment maintenance or neglect in resident care.

If you go to an attorney under that factual situation and they quote you an unrealistically high fee to accept you as a client, it means one of two things:

«He has a very high intellect and is capable of mastering very complex factual situations.»

A Country Guidance case is one in which the Upper Tribunal (UT) issues authoritative guidance on the situation in a particular country, based on a detailed assessment of expert and factual evidence.

The former requires a positive action on behalf of a recipient, while the latter arises in certain factual situations.

«One could scarcely imagine a more correspondent set of remedies as damages for fraudulent breach of contract and equitable compensation for breach of fiduciary duty in relation to the same factual situation.»

She also concluded that the termination of support was based on the factual situation at the time and that any spousal support claimed in the future «would have to be considered in accordance with the terms of the Agreement and those terms must be in keeping with the aims of the Divorce Act, section 15.2 (6).»

For now, Resurfice material contribution applies only in the situations described by Clements in para. 39, where the Court provided an explanation of the meaning of Resurfice «s «impossible to establish factual causation on the balance of probability using the but - for test.»

Judge Jack QC, as he then was, held that: the effect of CA 1985, s 311 — a matter of law — gave rise to factual situations which were the losses, past and future, suffered by the claimant and that it was the latter knowledge which was relevant; and the concept of being deemed to know the law could have no application to circumstances in which advice on the law was being sought — «no action for negligent advice on the law could otherwise succeed».

None of the three cases cited in the last paragraph deal directly with the situation you have asked about, but they contain useful factual examples of how the law is actually applied, as well as a detailed legal complaint filed by the FTC which precisely sets out the legal basis for the defendants» alleged violations.

A recent decision of the Japanese Supreme Court shows the conflict between the desire to protect factual situations altered by the wrongful removal or retention of a child, and that of guaranteeing respect for the legal relationships which may underlie such situations.

Indeed, in Zabala Erasun (C - 422 / 93) under a very similar factual situation (Spanish government wholly acquiesced to the claims of the petitioner), the referring national court retained the request for preliminary ruling as it considered it generally important, but the Court of Justice replied that ``

We have the following understanding of the underlying factual situation, which we would propose to reflect in any article that may be published.

The law should also include an additional criterion giving broader authority to the courts to account for other factual situations, such as, «other indicia of objective baselessness» or «other indicia that no reasonable person would have considered their potential case to have merit.»

What is agreed is the fact that a resume must be professional, straight forward, free of typos, factual and contain impressive and quantifiable results which can be clearly relayed by sharing a situation, task, action and result.

Must be able to apply sound judgment beyond a specific set of instructions and apply knowledge to different factual situations.