The cases today did not raise the broader guidelines question, but rather a more precise issue under federal narcotics law that illustrates the type of question facing the courts in the wake of the Apprendi decision.
The need to protect the primary authority of an agency to determine its own jurisdiction 'is obviously greatest when the precise issue brought before a court is in the process of litigation through procedures originating in the (agency).
In the course of such proceedings, however, experience has shown that there may be a tendency to lose sight of the precise issue before the court at this pointwhether the appeal is so frivolous that it would be dismissed even if all the fees had been paid.
This is the precise issue that GreenCo Water, an Australian company, set out to address when they designed their Pak Flat Tank.
3. What is the precise issue to be determined in a Daubert hearing?
This precise issue is what has been a challenge to bridge for Facebook and Oculus.
He did elaborate by saying he believed that such religious-based objections were a "human right", but did not delve into the precise issue of same-sex marriage.
It arrives at this answer by analogizing to the more established doctrine of jurisdiction to determine no jurisdiction: if a court's finding of no jurisdiction over the subject matter or the person can preclude, then a finding of no authority to proceed as a class action should be preclusive but only on that precise issue of no authority.
The precise issue presented in Tollett was 'whether a state prisoner, pleading guilty with the advice of counsel, may later obtain release through federal habeas corpus by proving only that the indictment to which he pleaded was returned by an unconstitutionally selected grand jury.' Id., at 260, 93 S.Ct. at 1604.
"If we can't have elections right away, a smaller Governing Council might be better because it could be more tightly focused on the precise issue of elections," said Mowaffak al-Rubaie, a Dawa spokesman.
