Sentences with phrase «particular factual context»
Because legal problems arise in particular factual contexts, reasoning about the meaning of a legal rule often requires more than the mechanical application of the general words in the text.3 Likewise, when an attorney reasons by analogy, she considers the precise nature of the particular legal problem and context and does not simply compare the surface details of her client's case with a precedent.4
http://www.legalwritingjournal.org/ Not exact matches
More importantly, the observation of Lord Hoffmann in the ICS case that construction is «highly sensitive to the context of, and background to, the particular utterance» has seen some much needed development both in this and other jurisdictions of the importance of the factual context.
A legal rule that seems relatively clear within the factual context of a particular precedent may not readily lend itself to application in a different factual context.
Finally, there are social facts used to construct a frame of reference or background context for deciding factual issues crucial to the resolution of a particular case.
To determine what is just and reasonable in the context of a particular factual matrix, the court must determine what the reasonable expectations of the claimant were and whether the conduct of the corporation (or the directors of the corporation) violated those reasonable expectations by conduct that was oppressive, or unfairly prejudicial, or which disregarded the interests of the complainant.
Both involve questions of weight and balance, which fall to be assessed in the context of particular factual and legal matrices that create broader or narrower ranges of possible outcomes, depending on the circumstances.
The Miriuwung Gajerrong case in particular presented the Court with a factual context in which the recognition and the extinguishment of native title are interrelated issues.
In summary, the 4 days mirror the content of The KHU KIT and contains some theories and tools designed to help adults reflect on their own grief histories and processes; detailed information regarding each developmental stage and relating concept of death, grief response and appropriate way to provide support; factual information about the most common contexts of premature death in the Western Cape i.e. HIV and AIDS, TB, violence and road accidents, and the importance of and how to convey this in an age appropriate way; advice about how to support bereaved children including the practicalities of running grief and loss support groups; a range of simple physical therapies and techniques that can be used to de-stress and emotionally contain children and adults; specific examples of activities and exercises designed to facilitate particular group and individual processes including e.g. feeling depressed, isolated, angry; and, finally, resources for referral.