Ga. Supreme Court Backs Vaccine Suit in Autism Case Oct 7, 2008
Instead, the justice noted that the question of whether a particular vaccine is unavoidably unsafe -- and therefore subject to immunity from liability -- is a question of fact for a jury to decide. Carley's exploration of Congress' intent was far-reaching. (Law.com)
Judge Signs With Kansas Town Against Big Oil Sep 25, 2008
Allen County District Judge Daniel Creitz said strict liability for the contamination was not a question of fact for the jury to decide but a question of law -- and that the city was entitled to judgment in its favor as a matter of law. The jury should only have been instructed to determine damages to be paid by oil giant BP Corp. North America and its predecessors, Creitz said. (W-USA News, DC)
Court tells Shafee he cannot act for himself in defamation suit Sep 3, 2008
I have argued that Shafee shall not appear in court in the case, which he has reason to believe that he will be a witness in respect of a material and disputed question of fact, he said. Raja Petras other lawyer, J. Chandra, said the judge issued the order after hearing the defence argument that Shafee could not appear in the case in which he has a pecuniary interest. (The Star Online, Malaysia -- News)
Wrong man: police bungle rape arrest Aug 6, 2008
"It is a question of fact in each circumstance as to whether or not police have been negligent. If they have not met a reasonable standard of conduct in having sufficient evidence to lay charges, then it is possible for a court to hold police liable to compensate a person for loss and damage suffered.". Mr de Mesa was overcome with relief when told he was no longer a suspect, but feels no anger at police. (Sydney Morning Herald -- Australia)
REGION: Convicting officer may prove tough, experts say Jul 31, 2008
"Ultimately, this is a straight question of fact for a jury," Steinberg said. "They will have to make the determination of what happened.". (North County Times)
Criminal offence Jul 29, 2008
Whether or not it is for the public good is a question of fact. In a civil claim, the action would come to an end on the death of the plaintiff before a decision is handed down. (The Star Online, Malaysia -- News)
LETTERS: NCT, July 7, 2008 Jul 8, 2008
But that is a question of fact which only the jury can decide. The question of law, decided by judges at trial or on appeal, is the applicability of scope, and the jury determined the amount it would take to create sufficient deterrent to future wrongdoing. (North County Times)
Marie Champion, 81; was admissions officer at Harvard Jun 23, 2008
"If there was a question of fact, you looked it up, but everyone was entitled to their own opinion," her daughter said. Mrs. Champion liked to recount a friend's remark made about her during the height of the women's movement. (Boston Globe)
Sounds like Cal Thomas is the one who’s not acting like a true Christian Jun 17, 2008
To Harsch wrote on Jun 16, 2008 3:48 PM:" But if you believe something is true, you would believe that something that contradicts it is false. When discussing a question of fact, I don't accept your assertion that disagreement=bigotry. ". Is Cal Thomas right wrote on Jun 16, 2008 3:32 PM:" Let's not get our panties in a bunch over this. Instead, let us, as freethinking Christians, stop, and take the time to examine what Cal Thomas actually said. It is not unreasonable to think that some... (La Crosse Tribune, WI)
Woman Gets Third Chance to Pursue Malpractice Suit Against Lawyer Jun 5, 2008
The court in Rubens I said determining "whether Mason's alleged failures were negligent or merely reasonable tactical decisions presented a question of fact that could not be resolved on summary judgment.". In the circuit's second remand opinion issued Tuesday, Calabresi said Rubens I "effectively foreclosed" Chin's latest finding that Mason had made tactical and strategic decisions that cannot amount to malpractice. (Law.com)
Becoming a Non-Resident of Canada May 20, 2008
Liability for Canadian income tax depends upon "residence", a question of fact to be determined on a case by case basis ... Residence is a question of fact, to be determined by looking at the various factors. (Suite101.com)
Court allows publisher to challenge ban on use of word Allah May 6, 2008
She said SFC Azizah had argued that the proper mode to do so was by way of civil suit and added that the issues involved question of fact to be decided by court after hearing expert evidence on the subject matter. With regret, I find the contention of the learned SFC cannot be sustained, she said yesterday. (The Star Online, Malaysia -- News)
Limits on criminals' suits sought Mar 28, 2008
Appellate Judge Joseph Howard, though, said there is a higher law: The state Constitution specifically says the question of whether someone contributed to his or her own death or injury is a question of fact - one that has to be decided by a jury. Kavanagh's original proposal sought to get around that by instructing juries that they cannot award damages in a case where the person committing the criminal act was at least 50 percent responsible for the injuries. (AZCentral -- Business)
WOLEDZI v. AKUFO-ADDO and Another Mar 3, 2008
Negligence is a question of fact. The burden of proof is on the plaintiff to establish that the defendants negligence caused the accident. (Ghana Web, Ghana)
Landlords Have Duty to Take Reasonable Steps to Prevent Foreseeable Criminal Acts Oct 22, 2007
That, they said, was a question of fact for a jury to decide. Suppose you are a California landlord with a problem tenant like Daniel. (RealtyTimes)
PBR 2007: The highlights. By Simon Sweetman Oct 10, 2007
The press release talks about UK residents who are non-domiciled rather than those who claim, which is an improvement because domicile is a question of fact, however difficult it can be to establish that fact. Seven years residence and you cop a 30,000 annual fine. (Accounting Web, UK)
Dependent relatives and PPR letting relief By Nichola Ross Martin Aug 6, 2007
This is a question of fact, but as the previous view was not in accord with treatment afforded to gains on dwelling houses occupied by the beneficiaries of settlements as well as that of normal owner occupiers, and so there will be those who beg to differ. If taxpayers do not agree with HMRC they can take this up with the commissioners if they want to amend returns for 2004/05 and earlier. (Accounting Web, UK)
Reloading history May 16, 2007
At the heart of the matter is the question of fact versus fiction; will viewers understand this is a fictionalised account of a true event, or has the ABC rewritten history in the minds of the average viewer. In the series, the characters have the same names as the real-life players and look obviously similar to them. (The Age)
Court Backs Police in Chase That Hurt Driver May 2, 2007
The Court has usurped the jury;s fact-finding function,; Justice Stevens said, adding that ;whether a person;s actions have risen to a level warranting deadly force is a question of fact best reserved for a jury. With evident sarcasm, Justice Stevens referred to the other justices as ;my colleagues on the jury. (Foster's Daily Democrat)
Experts Still Disagree On Cause Of Boot Camp Death Mar 16, 2007
" However, medical examiners such as Michael Baden of New York, who has observed and assisted in the investigation, maintain that sickle cell trait had nothing to do with Anderson's death. Even among those who back Siebert's conclusion about sickle cell trait, the cause and manner of Anderson's death are far from clear-cut. The differing opinions could have an effect on the prosecution of the criminal case against seven guards and a nurse, one legal expert said. Charles Rose, a professor at the... (Tampa Bay Online, FL -- News)
Case against Julie Amero needs to be deleted Mar 16, 2007
This isn't a question of interpretation ("How likely would you be to get infected?"), it's a question of fact. And the fact is that yes, you can get a never-ending loop of porn, and yes, spyware and adware most certainly can generate porn. (USA Today -- Tech)
The Trial of Hon. Abodakpi Feb 23, 2007
But is this a question of fact or law. Under whose authority was said money transferred and who actually is this infamous Law of Causing Financial Loss designed to bring under its fold. (Ghana Web, Ghana)
Does Apple have a music monopoly issue? Jan 4, 2007
"Apple has presented various business rationales for its product decisions; however, the existence of valid business reasons in antitrust cases is generally a question of fact not appropriate for resolution at the motion to dismiss stage.". Bottom line: The complaint, which seeks an unspecified amount in damages, will proceed from here. (ZDNet)
Read H&C's Interview Jan 4, 2007
It's a question of fact for a jury to decide. But understand this, I mean, what we wanted to do was ensure that we got a conviction on this case. (Fox News)
