Therefore it is an happy thing in a state, when kings and states do often consult with judges; and again, when judges do often consult with the king and state: the one, when there is matter of law
, intervenient in business of state; the other, when there is some consideration of state, intervenient in matter of law
For I do indeed believe that to be an involuntary homicide is a less crime than to be a deceiver about beauty or goodness or justice in the matter of laws
Here, the court is at a legal fork in the road because the answer will determine the whether the matter is ultimately decided as a matter of law
or whether it goes before the fact finder for a decision.
v) that, as a matter of law
, a party is not entitled to workers' compensation immunity;
The defendants appealed raising several issues, which were as follows: 1) Whether the trial court erred as a matter of law
or abused its discretion in charging the jury that it could award damages under the Wrongful Death Act for plaintiffs' loss of the society and companionship of Hyseem.
To be entitled to judgment as a matter of law
pursuant to CPLR 4401, a defendant has the burden of showing that there is no rational process by which the jury could find in favor of the plaintiff and against the moving defendant'" (Delaney v Delaney, 83 AD3d 647, 648, quoting Velez v Goldenberg, 29 AD3d 780, 781).
The majority stated, "landlord's acceptance of the tendered rent with knowledge of the lease violation extinguishes the default as a matter of law
The district court excluded the representative's expert witness testimony, precluded reference to other suicides at the facility, and granted judgment as a matter of law
for the sheriff.
A five-year-old is legally incompetent as a matter of law
which had held that where liability passes as a matter of law
to an acquiring corporation under the product-line exception to successor liability, insurance coverage also passes as a matter of law
In their very detailed and published ruling, three federal judges unanimously ruled as a matter of law
, that EMI's 'mark is weak' and the 'common and necessary uses of the word of the word "entrepreneur" provide strong evidence that EMI cannot have the exclusive right to use the word "entrepreneur" in any mark identifying a printed publication addressing subjects related to entrepreneurship.