Sentences with phrase «on applying the laws to the facts»

Not exact matches

Wait one second here, are you saying that the law of supply and demand does in fact apply to plane travel and that ticket prices are actually higher on one of the busiest travel days of the year?

Despite the fact that our silent non-polluting kayaks have no adverse impacts on killer whales, kayakers have been swept up in the same laws that apply to motorized boats.

They do not bar him from continuing work on the project, and in fact they only apply to the specific file that Nintendo's law firm filled out the DMCA claim against, which is the 1.0 version.

All of AGWSF is like this, it twists the real facts and terms in physics and changes meanings, plays with words, gives the property of one thing to another and takes laws out of context and so on, and this applies to all its basic claims.

The reductive dimensions of this on - going process struck me as the way in which we are now training law students to «handle» the «facts» to which they'll «apply the law» as if they were going to spend their professional lives taking and re-taking the Bar Exam rather than helping their clients secure a relatively predictable future (the transactional lawyers) or resolve conflict without the bitter aftertaste of injustice in their mouths.

Quite the opposite, in fact, as many submissions apparently referenced freedom of expression and freedom of the press, and focused on the opportunities available to apply existing laws or use enhanced versions of «defamation law, privacy torts, website takedown policies, and PIPEDA's framework for the management of personal information.»

For example, in the recent Liden v Burton [2016] EWCA Civ 275, [2016] Fam Law 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular caLaw 687 (proprietary estoppel: see next article) Hamblen LJ characterised the issues on appeal as: «(i) whether the judge wrongly applied the law to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular calaw to the facts as found; (ii) whether the judge erred in the exercise of his discretion in giving effect to the equity» in the particular case.

Article 56 TFEU requires not only the elimination of all discrimination against providers of services on grounds of nationality or the fact that they are established in a Member State other than that where the services are to be provided, but also the abolition of any restriction, even if it applies without distinction to national providers of services and to those of other Member States, which is liable to prohibit, impede or render less advantageous the activities of a provider of services established in another Member State where he lawfully provides similar services (Case C ‑ 475 / 11 Konstantinides [2013] ECR, paragraph 44 and the case - law cited).

This usually means that they can not advise you on how the law applies to the facts of your situation, nor draft a legal argument for you, nor advise you on procedural strategy.

While every litigator learns how to conduct legal research in law school, performs legal research on the job (or reviews research conducted by associates or staff), and applies the fruits of legal research to the facts of their cases, many may not yet have encountered legal analytics.

Let's try to compare the point 50 of the opinion: «While the movement of citizens of the Union between Member States is governed by EU law, and in particular by Article 21 TFEU and Directive 2004/38, the same does not apply to visits to Member States by Heads of State» which basically says that the movement of diplomats falls outside the scope of EU law, with the judgment of the Court in paragraph 51: «Accordingly, the fact that a Union citizen performs the duties of a Head of State is such as to justify a limitation, based on international law, on the exercise of the right of free movement conferred on that person by Article 21 TFEU.».

He investigates the similarities and differences between the national judicial treatment in applying and interpreting EU and ECHR law and concludes that accession will not render these differences moot: in fact, the CJEU clarified in the Kamberaj case that EU law does not require the disapplication of domestic law conflicting with the Convention — the effects of the ECHR will therefore continue to depend on the national constitutions, not the law of the EU (pp. 156 - 158).

It would take a particular and troubling kind of confidence for a judge in an adversarial system of justice, which relies on the evidence and argument of the parties, to think that he knew enough of the law and the facts to decide what law properly applies without either.

Considering that McCormick engaged in productive work (providing legal services to clients on behalf of the partnership) and that Faskens could and had, in fact, affected his ability to have full and meaningful participation in economic and social life by imposing a mandatory retirement policy, the Code applies to his relationship with Faskens and generally to the relationship between a law firm partner and a law firm partnership.

Applying the Restatement (Second) of Judgments § 27, the Court noted that «subject to certain well - known exceptions, the general rule is that when an issue of fact or law is actually litigated and determined by a valid and final judgment, and the determination is essential to the judgment, the determination is conclusive in a subsequent action between the parties, whether on the same or a different claim.»

Ordinarily, the only questions in a appeal on the record will be whether the trial judge properly understood the law, and whether he or she properly applied the law to the facts that were found to exist.

It's a failure of understanding on John Q. Public's part to understand that notwithstanding the fact that a legislature passes a law, how that law is applied in any given situation is determined by the courts.

And lawyers have the advantage of wisdom and experience to apply the law and facts to unique client circumstances that can be a huge value add to the generic information services that are out there on the Internet.

The Court finds pursuant to Article 4 (3) of the Directive, [16] that each Member State will need to exercise a fact - finding exercise on whether such laws are applied.

Ultimately, the application of these statutes to the fact patterns in question require a dozen real human beings on a jury to apply the facts that hear testimony about to the law and there is no 100 % certain answer.

All breach issues are, by their nature, fact specific and caution needs to be applied in extrapolating from one scenario to another, but the Court of Appeal has provided useful guidance on the nuanced approach of negligence law.

But when applying that test to the facts, the Court observed that the national (Swedish) measure was connected (in part) to infringements of the VAT Directive, and therefore was designed to implement an obligation imposed on the Member States by EU law «to impose effective penalties for conduct prejudicial to the financial interests of the European Union».

The privilege applies only if (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the communication was made (a) is a member of the bar of a court, or his subordinate and (b) in connection with this communication is acting as a lawyer; (3) the communication relates to a fact of which the attorney was informed (a) by his client (b) without the presence of strangers (c) for the purpose of securing primarily either (i) an opinion on law or (ii) legal services or (iii) assistance in some legal proceeding, and not (d) for the purpose of committing a crime or tort; and (4) the privilege has been (a) claimed and (b) not waived by the client.

Sometimes government officials enforce laws that have been held unconstitutional, either because they aren't aware of the relevant court decisions, or because they think that their facts are distinguishable from those under which the law was held unconstitutional (which sometimes happens on an «as applied» basis rather than on a «facial» basis that applies to all cases), or because they think the judge before them might rule differently despite the precedent.

The judge will usually not let them use a cause strike, saying that an attorney is ethical enough to apply the facts to the law and not sway the jury based on their personal biases that everyone has; plus, we're officers of the court so we have a duty to be ethical.

The Federal Arbitration Act (the Act) makes arbitration agreements «valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract,» 9 U.S.C. ¶ 2, establishes an equal - treatment principle: A court may invalidate an arbitration agreement based on «generally applicable contract defenses,» but not on legal rules that «apply only to arbitration or that derive their meaning from the fact that an agreement to arbitrate is at issue,» AT&T Mobility, LLC v. Concepcion, 563 U.S. 333, 339.

A recent decision by the British Columbia Court of Appeal weighed in on this issue and held that Tsilhqot» in should be restricted to its facts, such that the IJI doctrine is still available where provincial laws purport to apply to «lands reserved.»

The firm educates clients on the law and how it applies to the specific facts of each case, explains the available options, and guides clients through the process of selecting the option best suited for the client's needs.

Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law.

Then the applicant has to apply previously memorized legal rules to the fact pattern.37 On the essay portion of the bar exam, applicants rely entirely on rule - based reasoning — the same skill they need for their law school examOn the essay portion of the bar exam, applicants rely entirely on rule - based reasoning — the same skill they need for their law school examon rule - based reasoning — the same skill they need for their law school exams.

The letter analysed the relevant law and applied the law to the facts before asking for RBS's position on those facts.

It is important to remember that neither the law degree nor the GDL focus on memorising the law, rather you will be expected to learn how to apply the law to a fact pattern.

In my own experience, I can recall having a conversation with a former member of the Municipal Board who told me that he liked to «saw things off in the middle» on assessment appeals (not quite the same as fulfilling his duty to apply the law to the facts that were presented at a hearing).

The court confirmed that s. 58 of the Administrative Tribunals Act applied to the HPRB, such that a court would not interfere with findings of fact or law, or an exercise of discretion by the HPRB, unless patently unreasonable, e.g., where discretion is exercised arbitrarily or in bad faith, for an improper purpose, based on entirely or predominantly irrelevant factors, or fails to account for statutory requirements.

Applying these principles to the facts at hand: in this case, even though the final version of the Consent Order contained the three additional terms suggested by the judge, it was still made on «consent» as required in law.

The House of Lords held, however, that the legal test applied by the SIAC was not an error of law and that the SIAC was entitled on the facts to find as it had done.

As a lawyer, I appreciate its value every time I try to figure out what are the facts of a case and which ones make a real difference, or what rule of law applies to the problem, or whether some new or different rule ought to apply and whether it is possible to reach it, and so on.

summary judgment: A decision made by a Judge when the parties agree on the facts but not on how the law applies to the facts.

The defence counsel is relying on the fact that guards did not follow strip search procedures prior to the inmates meeting with Gravesande and on the judge's error in applying the law of burden of proof laid on the Crown.

I have always liked this book and use it in training, particularly for the sections on learning how to analyze facts in legal problem solving and then applying the law to the facts, often a challenge for rookie legal researchers.

But in fact all it means is a juror refusing to apply a law based on considerations other than the law he's instructed in by the judge.

Flaux J's reminder that each case must be approached on its own facts is pertinent, but his judgment will undoubtedly assist practitioners on how to apply the law to those facts.

The jury verdict has inconsistencies on its face that couldn't possibly be correct if the jury correctly applied the law to the facts in any reasonable manner such as awarding damages after ruling that a defendant is not liable (This happens extremely rarely); or

The best legal research output comments on how to apply the law to the facts and reaches a conclusion on how the client should be advised to move forward.

The Home Secretary contended that the adjudicator's decision was, in law, untenable because rather than decide the case on its own facts and merits, he had adopted the fact - findings and conclusion of another tribunal in another case and applied them to the claimant's case.

The politics of s. 92 aside, it seems to me that it won't be a good thing for the respect accorded by the public to the common law realms in the country if there's a provincial / territorial difference on something as basic as when the but - for test applies, so that Ms. Clements, on the the trial judge's findings of fact, would succeed everywhere in common law Canada other than in BC, so long as the judges are not prepared to adopt the BC law.

I also recommend McCallum et al's Synthesis: Legal Reading, Reasoning and Writing in Canada, 2d (Toronto: CCH Canadian, 2008) since applying the law to the facts — synthesis — is also part of the challenge and this book provides useful commentary on this aspect.

The proposition that there is a Caparo test which applies to all claims in the modern law of negligence, and that in consequence the court will only impose a duty of care where it considers it fair, just and reasonable to do so on the particular facts, is mistaken.

In doing so, the CRTC risks pre-empting the true role of commissioners — which is to make independent decisions based on the facts before them and applying the law with impartiality.

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