Sentences with phrase «unsettled point of law»

Justice Horkins noted that it is an unsettled point of law whether the receipt by a bank of service fees is sufficient to ground a claim in knowing receipt.

Because this is an unsettled point of law, she held that this point of law was best resolved on a full evidentiary record, and not summarily determined on a certification motion.

During his clerkships, Tanner assisted judges by conducting research and drafting memoranda on challenging, emerging, and unsettled points of law.

Not exact matches

It is, at least, apparent that the debates about humanitarian intervention by military force in the last decade, about the creation of international criminal tribunals in a number of cases, about the idea of a state's «universal jurisdiction» in cases of violations of the Genocide Convention or other «crimes against humanity,» about how far the global war on terror may proceed without violating the rights of states, and most recently, about the United - States - led use of force against the Saddam Hussein regime in Iraq, have all raised important points of positive and customary international law, and that in every one of these cases the outcome remains unsettled.