Preliminary question definition

Preliminary question means an issue, including an issue raised as a defense, which is not an object of the proceedings but which the court must decide in order to determine whether to grant all or part of the relief requested.

Examples of Preliminary question in a sentence

  • Preliminary question of law, orders as to (1) If it appears to the Court that there is in any cause or matter a question of law, which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a referee or an arbitrator, the Court may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Court may deem expedient.

  • Preliminary question of law (1) If it appears to the Court that there is in any cause or matter a question of law, which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, or before any reference is made to a Referee or an arbitrator, the Court may make an order accordingly, and may direct such question of law to be raised for the opinion of the Court, either by special case or in such other manner as the Court may deem expedient.

  • Preliminary question on the non-contested violations of Article 3 (art.

  • A Preliminary question as to the character of Article 7.4.2 of the SPA.

  • Preliminary question on certain of the contested violations of Article 3 (art.

  • A Preliminary question as to the character of Article 7.4.2 of the SPA.- 87 - 2.

  • Keywords of the alphabetical index: Court of Justice of the European Union, preliminary question, referral, obligation / Delay, undue, compensation / Preliminary question, condition.

  • Preliminary question [8] While the issue of quantum has not been resolved, the primary issue dividing the parties concerns the proper interpretation and operation of the aggregation clause.

  • Preliminary question in the supreme court, article published in the volume of proceedings of the Romanian Academy-Andrei Rădulescu Institute of Legal Research, scientific session of the Institute of Legal Research 2009, p.

  • This request is called « Preliminary question of constitutionality /question prioritaire de constitutionnalité ».

Related to Preliminary question

  • Preliminary Work means all work done in the concept and preparatory stages (including non-exhaustively design, artwork, colour matching).

  • Preliminary Official Statement means the Preliminary Official Statement relating to

  • Preliminary Closing Statement has the meaning set forth in Section 1.3(b).

  • Preliminary Report means the communication used for the prompt dissemination of data obtained during the early stages of the investigation;

  • Preliminary inquiry or "intake" means a mandatory, preadjudicatory interview of the juvenile and, if available, the parents, legal guardian, or other custodian of the juvenile, which is performed by a duly authorized individual to determine whether a juvenile comes within the purview of the Oklahoma Juvenile Code, whether nonadjudicatory alternatives are available and appropriate, and if the filing of a petition is necessary;

  • Preliminary Offering Memorandum This term has the meaning set forth in Section 2(d) hereof.

  • Preliminary Offering Circular means any preliminary offering circular or memorandum, if any, or any other written preliminary materials authorized by the Issuer to be used in connection with such an Offering. As used herein, the terms “Offering Circular” and “Preliminary Offering Circular” include the material, if any, incorporated by reference therein. We will either, as soon as practicable after the later of the date of the Invitation Wire or the date made available to us by the Issuer, furnish to you (or make available for your review) a copy of any Preliminary Offering Circular or any proof or draft of the Offering Circular. In any event, in any Offering involving an Offering Circular, the Manager will furnish, make available to you, or make arrangements for you to obtain, as soon as practicable after sufficient quantities thereof are made available by the Issuer, copies (which may, to the extent permitted by law, be in electronic form) of the Preliminary Offering Circular and Offering Circular, as amended or supplemented, if applicable (but excluding, for this purpose, documents incorporated therein by reference).

  • Preliminary Notice means the notice of intended Termination by the Party entitled to terminate this Agreement to the other Party setting out, inter alia, the underlying Event of Default.

  • Preliminary Title Report A report issued by a title insurance company in anticipation of issuing a Title Insurance policy which evidences existing liens and gives a preliminary opinion as to the absence of any encumbrance on title to a Mortgaged Property, except liens to be removed on or before purchase or refinance, as the case may be, by the Borrower and Permitted Encumbrances.

  • Collateral Questionnaire means a certificate in form satisfactory to Collateral Agent that provides information with respect to the personal or mixed property of each Credit Party.

  • Investor Questionnaire has the meaning set forth in Section 5.8.

  • Preliminary Final Prospectus means any preliminary prospectus supplement to the Basic Prospectus which describes the Securities and the offering thereof and is used prior to filing of the Final Prospectus, together with the Basic Prospectus.

  • Preliminary Approval means the action taken by the authority conditioning final approval by the authority upon satisfaction by the eligible company of the requirements under this subchapter;

  • Accredited Investor Questionnaire means a questionnaire substantially in the form of the Accredited Investor Questionnaire attached to this Agreement as Schedule “B”;

  • Preliminary Order means the order proposed by the Settling Parties and approved by the Court in connection with the Motion for Entry of the Preliminary Order to be filed by Class Representatives through Class Counsel, as described in Paragraph 3.2 and in substantially the form attached hereto as Exhibit 2.

  • Preliminary Purchase Price has the meaning set forth in Section 2.2(a).

  • Preliminary Receipt means the receipt issued by the Principal Regulator, evidencing that a receipt has been, or has been deemed to be, issued for the Preliminary Prospectus in each of the Qualifying Jurisdictions;

  • Preliminary Approval Date means the date on which the Court enters the Preliminary Approval Order.

  • Preliminary assessment means the first phase in the process of identifying areas of concern and determining whether contaminants are or were present at a site or have migrated or are migrating from a site, and shall include the initial search for and evaluation of, existing site specific operational and environmental information, both current and historic, to determine if further investigation concerning the documented, alleged, suspected or latent discharge of any contaminant is required. The evaluation of historic information shall be conducted from 1932 to the present, except that the department may require the search for and evaluation of additional information relating to ownership and use of the site prior to 1932 if such information is available through diligent inquiry of the public records;

  • Preliminary Purchase Event means any of the following events:

  • Preliminary Settlement Statement shall have the meaning set forth in Section 3.4.

  • Preliminary Approval Order means the order, substantially in the form attached hereto as Exhibit A, to be entered by the Court preliminarily approving the Settlement and directing that notice of the Settlement be provided to the Settlement Class.

  • Preliminary plat means a map showing the salient features of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration.

  • Preliminary Mortgage Schedule As defined in Section 3.

  • Selling Stockholder Questionnaire shall have the meaning set forth in Section 3(a).

  • Selling Shareholder Questionnaire shall have the meaning set forth in Section 3(a).