Sentences with phrase «affirm factual findings»

For example, appellate courts generally affirm factual findings, unless the lower court abused its discretion.

Not exact matches

«My overall reaction is the appeal decision speaks at length to the importance or the significance of a really large and strong set of factual findings from the trial judge, and that those are carefully reviewed and affirmed on this appeal decision,» says Michael Statham, managing partner at WeirFoulds LLP and counsel for Trillium.

Fitch J.A., of the Court of Appeal dismisses the appeal, affirming the «fundamental principle» that trial judges assess damages on the basis of their factual findings and not to calculate damages in accordance with a mathematical formula.

United States First Circuit, 10/11/2010 US v. Brown Defendant's conviction for possession of cocaine base with intent to distribute is affirmed where: 1) although the district court's factual findings and the inferences made from those findings, which formed the basis of its conclusion that reasonable suspicion existed to stop a car, are not compelled by the record or by the facts, both are nonetheless reasonable and therefore pass constitutional muster; 2) the affirmance of the district court's finding that the officers had reasonable suspicion to stop the car forecloses the need to address defendant's challenge to the district court's alternate conclusion that the car was not seized when the officers first approached; and 3) there was no abuse of discretion in the district court's denial of defendant's motion to suppress evidence without an evidentiary hearing.