Sentences with phrase «particular legal questions»

They go on to acknowledge that the fit between syndrome theories and particular legal questions is often good but, they point out, these theories have not been scientifically tested.

Judicial majorities do tend toward more narrow rulings, except of course when they have something more significant to say beyond the particular legal questions set before them.

Precedent: A legal concept referring to a case that has resolved a particular legal question that lower courts are bound to follow and that the deciding court will usually follow, absent a strong reason for concluding it is wrong or has become unworkable.

Yes, the firm offers free initial consultations to all clients when they contact the firm to ask about their particular legal question or problem.

For this purpose the CJEU holds that the question whether the Court had already ruled on a particular legal question necessarily had to be decided by an EU organ and in a manner binding for the ECtHR (para 238).

Whereas currently a partner would ask a junior associate or paralegal a particular legal question, instead s / he submits the question to Ross.

If you can't find the information on this website, feel free to use any of the resources listed below to answer your particular legal question:

Not exact matches

From a strictly legal perspective, the relevant question is not whether there is a sufficient connection to any particular existing or proposed oil sands development or other production activity, and certainly not whether such projects or activities were included in the Terms of Reference (ToR), but rather simply whether the GHGs associated with the production of bitumen that will be transported by the NGP are an «environmental effect» of that project (see NGP Report, Volume II, Appendix 4, Terms of Reference, which defines «environmental effect» very broadly to mean «any change that the project may cause in the environment.»

Not content merely to question the legitimacy of particular rulings, theorists like Oliver Wendell Holmes Jr. and Robert Lee Hale pointed to the example of the lottery and liquor decisions to argue that traditional legal categories like «commerce,» «due process,» «police power,» or «public» were essentially meaningless.

Your question has an answer that is best demonstrated by example, rather than by reference to any particular legal authority.

The question of who is picking up Joe Percoco's legal tab is of particular interest because of his close relationship with Cuomo, whose name has surfaced repeatedly in the federal corruption trial of his former top aide.

So to answer the question, the only legal recourse Donald Trump would have is to sue on an individual basis, where a court would have to decide whether the particular article was intentionally misleading and libellous.

«However, this remains a very complex case involving legal advice relating to the decision in question, particular features of the children's background and an external agency responsible for finding and providing the foster carers concerned.»

«Whether this sort of harassment should be countenanced is not about any particular political or special - interest groups; instead, it is a fundamental question about whether anyone can use (or, rather, misuse) public record laws to stifle science,» the legal defense fund said in the amicus brief.

Why some policies in question are marked as ineligible while others are eligible can be answered by the issuing company or its legal or tax department, and not on this forum where which particular policies are being discussed is not even specified by the OP.

Any creditor or the trustee can file an AP if there is a legal question about a particular debt.

Whether a particular restriction is enforceable is more a legal question than a personal finance one.

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.

However, in this case, Article 50, as a legal basis, would be virtually unlimited in its material scope, which may raise constitutional questions, in particular as regards the principle of conferral.

It raises, in particular, several questions related to the legal basis and the nature (exclusive or not) of the withdrawal agreement.

The site is not designed to answer questions about legal rights or entitlements in respect of any individual's particular situation.

Whether practicing at a private law firm or in - house, you need to understand your clients» objectives and the importance of any particular day - to - day legal question to the overall success of their business.

So, although finding legal information has almost become a one - click process, intelligently using it remains a difficult skill to master.40 To understand research and perform it well, students must be able to specifically identify a legal source when they see one — in any medium — and they must learn to question the nature of everything that they turn up along the way.41 Even more fundamentally, they must understand exactly what authority governs a particular legal issue.

Professor White suggests that it does matter how opinions are written because they have important consequences for the parties in a particular case and for the future.29 He further argues that a crucial part of legal activity is the criticism of opinions on rational, political, and moral grounds because that is how relevant arguments are made in support of changing or retaining current rules of law.30 For him, the bigger question «is whether law will move in the direction of trivializing human experience, and itself, or in the direction of dignifying itself and that experience.»

If you have questions about spousal support, our family law lawyers at Hart Legal can assess your particular situation, advise whether you or your spouse should be paying spousal support, and take action to enforce your rights.

If you have questions about child support, our family law lawyers at Hart Legal can assess your particular situation, advise whether your spouse should be paying child support to you, and take action to enforce your rights.

The crucial question at the heart of this particular case was whether, following Mr Kernott's departure from 39 Badger Hall Avenue, an intention between the parties could be found which would rebut the presumption of joint beneficial ownership (which presumption generally arises where there is joint legal ownership and no express declaration of trust that the co-owners should own in anything other than equal shares).

As the website notes, the paper «describes the current state of the conflicts requirements, reviews areas of particular concern, and asks a series of questions to find out what changes members of the legal profession feel may be necessary.»

The fact that the implementing act is a directive raises the question whether the legal nature and in particular the limited horizontal effect thus granted to a directive poses an insurmountable obstacle for the solution proposed thus far (para 73).

Whether legal causation is established depends on the facts and circumstances of the particular matter in question.

This would leave the question of which particular U.S. District Court was the proper one to file in as a question of venue (which does not have a constitutional dimension) rather than a question of jurisdiction (which is subject to constitutional considerations), and many legal scholars have urged Congress to do just that.

For example, due to your client's unique facts, you may have questions about the proper jurisdiction for your client's case, whether there is a potential legal remedy for your client's issue in a certain state, or how a particular remedy in an unfamiliar legal area can be pursued.

Her divergence from the majority in both decisions rested on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus this bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (See Alliance Pipeline at para 80 and Alberta Teachers» Association at paras 82 — 89).

If fundamental terminology within a certain subject area is incoherent, legal uncertainty ensues, in particular as regards elementary questions such as digital exhaustion and digital lending.

If we are to assume that this particular problem of legal (in) capability is widespread amongst young people, the next question that maybe asked is, «why can't they go to their local community law centre to get help»?

If it is required that you submit all legal questions to binding arbitration, then this particular clause would have to be submitted to arbitration (unless they simply «forgot» the clause, or have a strategy of ignoring it until it is pointed out).

Ask questions about the substance of the client's matter and their desired outcome, but do not forget to ask about the client's expectations about things like frequency and mode of communication, availability and accessibility, prior experience with the legal industry or with this particular issue and expectations about budget and fees.

If you have a question or would like to see an article examine a particular issue then write Kevin at the Standard or the Legal Clinic at

If you have a question or would like to see an article examine a particular issue then write Kevin at the Standard or the Legal Clinic at [email protected].

Please do not hesitate to contact Andrew H. Heft, Attorneys, servicing Montreal and the surrounding area if you are struggling with a Quebec family law issue, or have any questions or concerns regarding his legal services or your particular family situation.

We urge you to consult an experienced lawyer concerning your particular factual situation and any specific legal questions you may have.

Sitting in an office in Toronto, Mona Datt is seeking answers to some legal questions — are some judges prone to ruling in a particular way?

For example, Madam Justice Deschamps wrote a concurring opinion in Alberta Teachers» Association on the view that judicial deference is based upon the principle of relative expertise or experience in a particular area, and thus a bare assertion of a presumption of deference simply because a statutory decision - maker is interpreting its home statute pays too little attention to whether the statutory decision - maker actually has sufficient expertise or experience to justify deference to its determination of a legal question (Alberta Teachers» Association at paras 82 — 89).

The legal question was a short one: whether the particular grounds for admission were racially or religiously defined (or as Baroness Hale put it, whether one can discriminate without meaning to).

They're short — usually only a handful of paragraphs — and give a general overview of a particular legal document or legal question.

It assumed that every question was intended to be strategically directed to a particular legal issue or goal (even though the client's problem usually consisted of a combination of legal and non-legal concerns).

The court held that to allow PowerServe to examine Mr. Fishbein on the first area of proposed questioning would, inevitably, require him to disclose whether he had given legal advice to a former client on a particular subject - matter.

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.

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.

80 In the light of all of the foregoing, the answer to the question referred is that EU law — in particular, as it results from Article 7 (1)(b), Article 8 (4) and Article 24 (1) and (2) of Directive 2004/38 — must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, even as regards the period following the first three months of residence, automatically — whatever the circumstances — bars the grant of a benefit, such as the compensatory supplement provided for in Paragraph 292 (1) of the ASVG, to a national of another Member State who is not economically active, on the grounds that, despite having been issued with a certificate of residence, he does not meet the necessary requirements for obtaining the legal right to reside on the territory of the first Member State for a period of longer than three months, since obtaining that right of residence is conditional upon that national having sufficient resources not to apply for the benefit.