Sentences with phrase «particular issues of fact»

In response to these outstanding legal issues the CR Review recommended that the tribunal and parties be encouraged to make greater use of the provisions of the Native Title Act and of the Federal Court Rules such as Order 29 rule 2 to refer particular issues of fact and law to the court for determination.

«It was no surprise, and we didn't make any particular issue of the fact that the mayor of the City of New York, Mike Bloomberg at the time, was pumping in a lot of money,» said Jay Jacobs, who has been the chairman of the Nassau County Democratic Committee since 2001.

Not exact matches

First of all, the fact that you resort to name calling is very telling about where your heart is with regards to this issue... Secondly I am not referring to one video in particular but the many images and literature that both supported and endorsed those particular attacks...

The Darwinist strategy depends upon a certain blurring of the issues, and in particular upon maintaining the fiction that what is being promoted is an inoffensive «fact of evolution,» which is opposed only by a discredited minority of religious fanatics.

By its avoidance of the issue, however, it has in fact preferred particular religious expressions over others.

In fact, some of his greatest arguments with the soldiers / governments over the years have been over this very issue — the humans are afraid and so they want to kill the aliens while he wants to encourage life and cooperation (thinking in particular of the Ninth Doctor with Harriet Jones or even the battle of Canary Wharf when we lost Rose because of Torchwood opening the breach etc.).

much like when a country can't divulge highly classified information publicly for obvious economic and military reasons, a professional soccer organization must keep certain things in - house so they don't devalue a player, expose a weakness, provide info that could give an opposing club leverage in future negotiations and / or give them vital intel regarding a future match, but when dishonesty becomes the norm the relationship between cub and fan will surely deteriorate... in our particular case, our club has done an absolutely atrocious job when it comes to cultivating a healthy and honest relationship with the media or their fans, which has contributed greatly to our lack of success in the transfer market... along with poor decisions involving weekly wages, we can't ever seem to get true market value for most of our outgoing players and other teams seem to squeeze every last cent out of us when we are looking to buy; why wouldn't they, when you go to the table with such a openly desperate and dysfunctional team like ours, you have all the leverage; made even worse by the fact that who wouldn't want to see our incredibly arrogant and thrifty manager squirm during the process... the real issue at this club is respect, a word that appears to be entirely lost on those within our hierarchy... this is the starting point from which all great relationships between club and supporters form... this doesn't mean that a team can't make mistakes along the way, that's just human nature, it's about how they chose to deal with these situations that will determine if this relationship flourishes or devolves..

In fact, the authors do not discuss the reliability or validity of any study included in the review (Wax et al, 2010), or why any particular study was excluded and this is potentially the primary issue with the Wax study.

This relative absence of knowledge about even the most prominent of the embryo - research issues is made emphatically clearer in the responses to particular questions of fact.

Krystyna Trushyna: By number of comments I can call the following topics which might be treated as in great demand: dating site reviews (some of my articles have about 30 comments about some particular online dating services), dating etiquette issues (pay or not to pay when you have a date with a Ukrainian woman, how to date a foreign woman if she does not speak English, etc.), scam articles (the article «The Most Important Facts About Ukraine Dating Scams» has 25 comments).

At issue is whether OCR should launch «systemic reviews» when investigating discrimination complaints, or stay focused on the facts of a particular case.

Fixed - layout books and their particular quirks, and the lack of a general standard to create them, is just one of the issues publishers have to tackle these days, and it is exacerbated by the fact that even within the Kindle line of products, it is not possible to really create specialized builds for each platform.

Now, you might think it's worth getting sued over that particular issue because it's very important to you, but that doesn't change the fact that it will cost you a great deal of money to defend against the suit and it will also cost you a great deal of money to pay for the loss if your negligence is found to be the cause.

It also causes an issue with the characters, as due to the fact that any of your party members can potentially be the traitor in a given playthrough, you can't have any one person in particular be more pivotal to the narrative than another (excluding the first traitor in the first initial playthrough).

Maybe I'm just a more tolerant player but I didn't have too much of an issue with the fact that I was always going to mess up on one particular graffiti command every time the game commanded that I do it.

The fact that the attention to this is focused, above all, on exhibitions that are considered important is evident, although there are exceptions in this issue of Stedelijk Studies, which in particular concern exhibitions that are in the shadow of others considered to belong to the canon (Visual Aspects of Science, Stedelijk Museum), or exhibitions which are even considered to be less interesting (documenta 6).

Unfortunately, alarmists prevent this when they take evangelical views, words and actions regarding this particular issue often citing their own set of «facts» which five minutes study can debunk, geological history can debunk, solar cycles can debunk, temperature history can debunk, «ocean conveyer» history can debunk, etc... the cry «We have ten years or were all going to die» (or equivalent) is not helpful and simply creates a mob - mentality based on fear.

This determines who has the ultimate burden of convincing the trier of fact on a particular issue.

«The fact that there is such a community investigating such problems does not imply any particular literacy or understanding of this issue among IPCC authors»

But one could also be mindful of the backdrop in how Energy and the Economy are in fact major «national security and defense» issues for the US in particular and a few others.

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 case.

If the response involves discussions of the law, one approach a lawyer might take is to stress that your response should only be considered as a general guideline to the issues raised by a particular question, but that to provide legal advice you would need to speak personally to better understand the particular facts of the case being presented.

The case, United States v. Jackson, is very fact - specific: the only issue is whether the facts of a particular traffic stop amounted to probable cause to search the trunk of a car.

The issue is of particular concern given increased concerns about privacy in Canada when it comes to information shared with social media sites such as Facebook, and the fact Ontarians head to the polls on June 7, 2018.

This issue came before Black LJ and it was made clear that the decision was fact specific and it was of particular importance that the children's guardian had requested the report.

Family law is a unique species of civil law for many reasons, but primarily because of: the frequency with which disputes brought to court concern social, psychological and emotional issues rather than legal; the almost complete absence of circumstances in which a specific legal conclusion invariably and inevitably results from a particular set of facts; and, the range of other areas of the law that may be concurrently applicable, such as contracts, tax, conflicts, real property, negligence, torts and trusts.

It is also reflected in the fact that the Firm is regularly retained by financial industry leaders (including, for example, the Illinois Bankers Association) to file amicus curiae (friend of the court) briefs in lawsuits involving issues of particular interest to the financial institutions industry.

Thus, the PTAB has discretion to join serial proceedings «on a case - by - case basis taking into account the particular facts of each case, substantive and procedural issues, and other considerations.»

Until recently general jurisdiction over a defendant (i.e. jurisdiction over any lawsuit against a defendant without regard to the particular facts of the case) was present in any state where a company has a permanent office for the conduct of business, under half a century of precedent on the issue that traced back to a U.S. Supreme Court case known as International Shoe v. State of Washington, 326 U.S. 310 (1945).

No client or other reader should act or refrain from acting on the basis of any information contained in this site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

Until courts provide further guidance on the issue, lawyers and their clients will continue to weigh the relative merits of each type of proceeding in the context of the facts of a particular case to determine the most cost sensitive and strategically effective route to adjudicate these types of claims.

The facts of particular issues that you are working on may require further research in a particular area, but that is where your legal skills come in...

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.

He held the issue the Tribunal faced more accurately should have been characterized as «deciding a question of mixed fact and law in the particular circumstances of this case.»

However, the Supreme Court has recognised that there is no way to prescribe an exhaustive list of factors relevant to this issue, as they are of necessity based on the specific facts of a particular case.

Our attorneys have particular experience in catastrophic injury cases and those involving complex issues of fact or law.

Particular attention must be paid, at this stage in fact finding, to the issue of the accessibility of particular collections of ESI.

As a result, whether or not negligence occurred is a fact - specific issue that requires a close analysis of the circumstances under which a particular accident took place.

Similar to any other legal matter, the duration of a particular situation will depend upon the facts of the issue.

However, the issue of whether premises liability can attach to these facts is not as clear as it may seem, as no Massachusetts appeals court has expressly articulated a position on these particular facts.

It is a question of law whether or not particular facts did or did not amount to an accident and so this issue is for the decision of the judge (not the jury) where the case is being tried in the crown court.

To start a lawsuit, a person needs to first determine what level of court to be in, then they need to find the correct court forms, then need to draft their claim (making sure to plead the particular facts making out the cause of action), and lastly they need to issue and serve the claim.

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.

78 In particular, in a case such as that before the referring court, it is important that the competent authorities of the host Member State are able, when examining the application of a Union citizen who is not economically active and is in Mr Brey's position, to take into account, inter alia, the following: the amount and the regularity of the income which he receives; the fact that those factors have led those authorities to issue him with a certificate of residence; and the period during which the benefit applied for is likely to be granted to him.

Motions for summary judgment and responses thereto shall include a concise statement setting forth each fact material to the disposition of the motion which the party claims is or is not genuinely in issue, citing the particular portions of any pleading, affidavit, deposition, interrogatory, answer, admission, or other evidence upon which the party relies.

It is an issue that is ultimately likely to turn on the facts of a particular case.

There is no miscarriage of justice if it is sufficiently clear (whatever sufficiently means in the particular case) that the error in issue did not make a difference; that the result is the result required on the facts.

Truly court cases have become «evidence - based» in the full meaning of the phrase as expert evidence elucidates the trier of fact on a particular material issue.

For example, due to the fact that a guaranteed issue policy will generally cover an insured who has health issues, insurance companies will typically be taking on more of a risk with these particular insureds.

Now, you might think it's worth getting sued over that particular issue because it's very important to you, but that doesn't change the fact that it will cost you a great deal of money to defend against the suit and it will also cost you a great deal of money to pay for the loss if your negligence is found to be the cause.