An error is overriding if it is «so serious as to be determinative when assessing the balance of probabilities with respect to
that particular factual issue»».
Not exact matches
The information provided below is intended to provide a
factual background to this
particular issue, not to express a view on it.
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.
In
particular, rule 32.2 was updated to give the court the power to give directions «identifying or limiting the
issues to which
factual evidence may be directed», «identifying the witnesses who may be called or whose evidence may be read» and «limiting the length and format of witness statements».
The attorneys at A2L Consulting also study the litigation documents for each
particular case so that there is a thorough understanding of all
factual and legal
issues to maximize the efficiency and effectiveness of your chose litigation support service.
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.
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.
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.
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.
Judges, lawyers, law librarians, law students, and others rely on Quicklaw every day to identify case law to support legal positions, to understand the law in
particular provinces or territories, to collect background information for
factual discovery, and to keep abreast of emerging legal
issues in
particular areas of law.
Biology Fortified, Inc. is an independent, non-profit organization devoted to providing
factual information and fostering discussion about
issues in biology, with a
particular emphasis on plant genetics and genetic engineering in agriculture.
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.
How long a
particular case takes depends on the complexity of the
issues and how available the spouses are to gather the required
factual information and attend negotiating sessions.
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.