Sentences with phrase «on factual issues»

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.»

The long - term impact of this statement will need to observed, to see whether PTAB rulings on factual issues are given preclusive effect in subsequent federal court litigation.

Not exact matches

I'm happy to discuss any religious issue on here from the validity to the bible to the factual accounts of Christ.

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.

If anything, I shied away from such issues and focused my learning efforts on the hard, factual knowledge that I needed.

It should be the profound analysis of this issue, the well - structured discussion based on the factual information that leads to certain conclusions.

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.

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).

Some thoughts — a «scientific» issue paper or piece on this blog would not only call for the discussion / comments to be germaine to the issue (naturally something that should apply to all discussions) but, also, that it be very much more factual and technical regarding the science directly and indirectly related to the subject.

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....

The information provided below is intended to provide a factual background to this particular issue, not to express a view on it.

Andy, IMHO, half the reason you get reamed is not your factual stance, but the way you give the impression that you're trying to put people to sleep on these important issues.

Publications that do not undergo peer - review are frequently filled with factual errors, distortions, and opinionated statements that greatly confuse the public on issues where there is no scientific uncertainty.

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.

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.»

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.

An interesting ruling in the Administrative Court this week touches on some issues fundamental to public law — the extent to which «macro» policy (such as EC law) should trump principles of good administration; the role of factual evidence in judicial review proceedings, and the connection between public law wrongs and liability in tort.

Although cases involving complex factual and legal issues may settle on the «courthouse steps,» it could take years to get to that point.

140 The new government provided compensation to the victims of the Bolivian Gas War and the court dismissed the TVPA suit, holding that the compensation satisfied the adequate remedies requirement.141 The problem could focus on availability, adequacy, or both.142 ATS and TVPA cases provide ways to get the students to focus on bread and butter process issues but in factual contexts they may find compelling.143

There's at least a half - dozen, maybe more, cases released since March 2007 in which the lawyers have argued about factual causation, and the judges have written reasons dealing with factual causation issues, not mentioning the SCC's decision in Resurfice v Hanke 2007 SCC 7 and clearly argued and decided based on the case law predating Resurfice.

[12] On appeal before this Court, Beaver took no issue with certain factual underpinnings of the injunction, namely that apart from the agent issue, he had been practicing law in contravention of both his undertakings and the Act.

By concentrating entirely on defending individuals accused of crimes, we are able to devote the time and resources necessary to obtain a deep understanding of the legal and factual issues facing those accused of a crime.

We will file motions challenging the government's case on every factual and legal issue, and we regularly obtain the dismissal of charges for our clients prior to trial.

But they go on to say that the attorney must remain regularly engaged in the expert's work and educate everyone in the case involved about the legal issues in the case, the factual matters impacting the case, witnesses, evidentiary issues, all of that stuff the lawyer has to stay on top of that.

A trial judge may assist litigants by directing them away from irrelevancies and indicating what issues are determinative of the matter, or by asking the litigant to focus their questioning of witnesses on legally relevant factual issues.»

This passage and the factual findings issue on which it was based need further examination on another day.

The blog posts» organization varied by topic, but generally followed a useful and traditional pattern of setting up a legal issue, giving the relevant factual and legal background on point, and then discussing implications or recommendations.

However, the only «principles» that he could have been referring to are (a) those which describe the nature of the evidence that was required for a valid decision on the issue of whether the nurses» negligence was a factual cause and, then, (b) what test to use to decide if the evidence is sufficient on the balance of probability.

The article also states: ««The issue turns on the fact that there was no explicit finding of factual innocence in the case,» Mr. Robins told The Canadian Press Wednesday.»

In determining the appropriate standard of review, Justices LeBel and Cromwell relied on the tribunal's expertise, the factual nature of the question, and the purpose of the statutory provisions at issue.

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.

A. Introduction and factual Background [2] The appellant appeals the judgment that the trial judge rendered on the common issues certified in this class proceeding.

The calculus in approaching or avoiding the Ombudsman should be based on a variety of factors, such as, the financial strength of the project and its potential or actual job - creation activities; the factually - demonstrable urgency in receiving an adjudication; the presence or absence of red - flag factual or legal issues; and the likelihood that the particular case presents issues that, once resolved, would benefit multiple EB - 5 stakeholders, and thereby allow the Ombudsman to husband its scarce resources, and get more bang for its intercessory buck; and other relevant considerations.

Numerous legal and factual issues must be considered to identify the causes of a particular construction problem, its impact on the critical path, and the resulting damages.

Given that the issue was whether the complainant could, as a matter of law, consent in advance to sexual activity that would occur while she was unconscious, the dissent's focus on the factual existence of consent seems misplaced.

[47] Further, where there are factual issues arising from the evidence that call into question the probability of the accounts offered by the parties, it is unjust to resolve the matter on a summary trial... (Swiston v. British Columbia (Transportation Investment Corporation), 2018 BCSC 640)

Author: Evan Ivkovic, J.D., Law Works P.C. Editor: Ben Hanuka In Hepburn v AlarmForce Industries Inc., released on October 6, 2017, by the Ontario Superior Court of Justice in London, the court dismissed a franchisee's summary judgment motion for rescission and bad faith conduct under the Arthur Wishart Act because the factual issues were complex that require a trial (legally, there were «genuine issues requiring a trial»).

Among the other premium features you will find on this free service are our one - of - a-kind Personal Graph of your vLex Canada research history which, when combined with the power of our intelligent case recommendation engine, offers pathways to content with strong connections to the factual and legal issues of the cases you've seen.

On the issue of the court's interpretation of the restrictive clause and the words «similar to», the court did not undertake a detailed factual and legal analysis of the relevant multitude of factors relating to the franchise system, as done in established franchise law authorities.

With meticulous factual and legal analysis, we are able to dissect the issues, build the strength of our case and identify weaknesses on the opposing side.

But the Court remained sensitive to its subsidiary role in fact - finding — noting whether the methods are sufficiently reliable on scientific grounds is a factual assessment issue and should be reserved to national courts (para. 58).

The reasons for judgment in this case leave no doubt that the trial judge knew this record, appreciated the contentious factual issues, and understood the positions of the parties and the evidence they relied on.»

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.

I've not spilled quite as much real ink (online is different) about the recent SCC decision in Resurfice v. Hanke which has one of those «out of the blue» pronouncements of law that had nothing to do with the disposition of the issues in case: the SCC's declaration that fault and increased risk may sometimes be enough to satisfy tort's causation requirement, even though the injured person can not establish, on the balance of probability, that the fault was a (factual) cause of the injury.

«We find that the procedures were properly followed, and where delays arose, they arose not out of the factual complexity of the issues, but partly due to the unavailability of individuals, and partly because the claimant's insistence in introducing wide policy considerations forced the grievance investigators to seek a range of management views on broader issues.

On the other hand, reasonableness is normally the governing standard where the question: (1) relates to the interpretation of the tribunal's enabling (or «home») statute or «statutes closely connected to its function, with which it will have particular familiarity»; (2) raises issues of fact, discretion or policy; or (3) involves inextricably intertwined legal and 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.