Sentences with phrase «question arises whether»

The question arises whether the mechanisms under the NTA by which the extinguishment of native title is either validated, confirmed or simply allowed to operate, are discriminatory according to the principles outlined above.

In light of that uncertainty, the question arises whether a nondelivered speech printed in the Congressional Record is covered by the Speech or Debate Clause.

However, in those cases where a preliminary question arises whether a person is an informant, and thus justified in claiming the privilege, the status question should be resolved by the trial judge in an ex parte and in camera hearing.

Inevitably, the question arises whether the Supreme Court Judges have been guided by law, in its proper disciplinary identity, or by political preference, and whether they have not improperly dispensed their own political prejudice.

(i) where there has been «intentional and contumelious» default by the claimant (the question arises whether, given such conduct, it is just to allow the claimant to continue to have access to the tribunal for his claim); and

In the aftermath of the outbreak of bird flu in Suffolk, the question arises whether those involved in the slaughter and preparation of food should owe a duty of care and if death were to result from gross carelessness, whether criminal liability in manslaughter should follow?

Degree of similarity is relevant on some cases when the factual question arises whether the allegedly - infringing work is based on some protected original.

But the question arises whether the parties may be permitted to waive independence in certain situations.

Once a recording has been made, the question arises whether that recording can be directly used as a transcript, or whether it must be transcribed.

The usual question arises whether it is helpful to claim privilege in something that is clearly not privileged, or whether that undermines one's assertion of privilege when the content really is privileged.

The question arises whether German courts have international jurisdiction to an action for an injunction on the grounds of violation of personal rights against the reporting on the website of a foreign broadcasting company limited to the territory of the Federal Republic of Germany.

But when an insured without specific counterclaim coverage chooses to assert a counterclaim and retains a second lawyer to do so, the question arises whether, and to what extent, the two lawyers can present a coordinated defense and whether their efforts to do so may pose problems for the insured.

As a consequence of this strict obligation, the question arises whether it can be invoked within the EU legal order, not least with regard to secondary measures that are contrary to this obligation.

If he can not do this, because he is restricted to an extunc appreciation, the question arises whether he can rely on his procedural autonomy, or whether the EU - law principles of effectiveness and equivalence force him to apply the ex nunc - rule.

It is here that the question arises whether national rules for penalties applicable to infringements of VAT legislation (that VAT legislation being an implementation of directive 2006 / 112 / EC) can be considered implementation of Union law.

While this appears in principle convincing, the question arises whether the duty of full and systematic information must necessarily be regulated in the accession agreement.

From an external perspective, the question arises whether the EU itself could become a human rights litigator among Convention members, e.g. in its relations towards candidate countries who have to comply with the well - known Copenhagen Criteria.

... if the President is given power to delegate who shall conduct wiretaps, the question arises whether there is any limit on this power...»

Or perhaps almost worldwide, since the question arises whether the free movement of capital also applies to the British, Danish, Dutch and French Overseas Countries and Territories (OCTs), which are not part of the internal market but associated with the EU?

If the EU insists on including investment protection standards in its FTIAs, but is willing to give up ISDS, then the question arises whether there is still a need to spend time negotiating complex standards of investment protection.

So the question arises whether an arbitration Tribunal has any jurisdiction to approve or disallow third party funding arrangements and, if so, what terms a Tribunal ought to impose.

And again and again in early summer the question arises whether the most recent trend in sea - ice extent might lead to a new record minimum, with a sea - ice cover that will be smaller than that in the record summer of 2007.

As soon as you appreciate that the (local) equilibrium constraint is an approximation, you appreciate that it has an inaccuracy, and the question arises whether that inaccuracy is sufficiently great as to matter in particular cases: here, the particular cases of heat transfer within the Earth climate system.

The question arises whether this is something in the American character, or is it just due to scientific illiteracy?

In some cases the question arises whether he used any material at all or whether he rather took away things that were already there to reveal what lays behind them.

Thus, the question arises whether dogs with pancreatitis have abdominal pain less frequently than humans, or more likely, whether we fail to correctly identify abdominal pain.

Costs aside, the question arises whether you can trust your retirement to a mere «robot.»

However, «Black Panther» is expected to post an opening that would rank in the top 10 for superhero films, and the question arises whether it will beat the February box office record held by «Deadpool» two years ago when it opened to $ 152 million.

The question arises whether they will stand against Labour in marginal seats.

The question arises whether that will still be the case after the UK actually separate from the EU.

With the war at home preying on Tiger's mind, the question arises whether he will be able to bring the necessary concentration to bear in his fight with Foster.

If private broadcasters could use this principle against state monopoly, the question arises whether it could also be used against private monopolies?

So the question arises whether the «Word of God» (i.e. the eternal Quran) is Divine or not?

But the phrase «in principle» is important because the question arises whether it is possible for this very human flesh to include its own good in intention without corrupting it.

For process theologians the ecological horizon is even more important than for Moltmann, and the question arises whether this excludes us from political theology.

If Paul and the tradition which he cites lay no emphasis on the empty tomb the question arises whether Paul nevertheless may have known of it.

Now that everyone has caller ID and most people are weary of telemarketers, the question arises whether cold - calling is still viable in today's world.

For the triumph of the liturgy at Vatican II took place just when the question arose whether man was still capable of worship and liturgy, whether the «demythologization» of Christianity ought not to be accompanied by a «desacralization», and whether Christianity ought not to cease to be a religion at all.

The question arose whether these changes might be linked to pressures on districts to improve performance on state assessments.

With all the talk of rewarding players and pushing them to benefit a community around a game, the question arose whether Valve was looking to turn Steam into a sort of social network.

In the appeal to this decision and the subsequent preliminary reference to the CJEU, the question arose whether the long period of residence should prevent an expulsion or whether the nature and context of the crime Mr I committed called for a different solution.

The question arose whether or not WB's support should be treated as a financial resource of AM.

Anyway, in the current legal proceedings the question arose whether the government measures leading to the partial diversion of the Acheloos river for water supply and electricity generation purposes was in conformity with a number of EU directives on water policy.

The question arose whether their family members could derive a right of residence in the Netherlands from Directive 2004/38 and Article 21 (1) TFEU.

The question arose whether Article 45 TFEU could be relied on in order to derive a residence right for their third - country family members.

Therefore, the question arose whether compensation under the Sturgeon ruling only requires the delay of three hours or more at arrival, or does it also require a delay at departure according to the ladder in Article 6?

And in the case of which we are speaking, the question arose whether the Territorial Legislature could be authorized by Congress to establish such a tribunal, with such powers, and one of the parties, among other objections, insisted that Congress could not under the Constitution authorize the Legislature of the Territory to establish such a tribunal with such powers, but that it must be established by Congress itself, and that a sale of cargo made under its order to pay salvors was void as made without legal authority, and passed no property to the purchaser.

Not exact matches

But its focus on institutional holdings in unicorn companies is particularly well - timed, as numerous questions have arisen in recent months over whether such companies can continue to support their extraordinary valuations, some of which have stretched into the billions of dollars.

The reason is that whether the lawyer works for a business or runs one, questions arise regarding the intersection of, and perhaps conflict between, legal ethics on one hand and business ethics on the other.

And if that were the case — again, hypothetically — then the question would arise whether it is OK to sack an employee for participating in some sexual practices of which you (or your customers) might disapprove.