Sentences with phrase «based on some causation»

Such cases are very difficult based on causation, and the diagnosis of cancer is typically one where you eliminate more benign diagnoses of conditions.

Not exact matches

But Catholic thinking rejects the genetic fallacy applied to the natural world and contains instead a holistic understanding of reality based on all the faculties of reason and all the causes evident in nature» including the «vertical» causation of formality and finality.

Some are based on pure logic, some based on science and material causation, others on a mix of the two.

Part and parcel of such knowledge would be knowledge of the degree to which the mind can transcend efficient causation on the basis of normative ideals.

And, on the basis of what he calls» [Samuel] Alexander's dictum» — namely «To be real is to have causal powers» (SM 348)-- he says that the reality of the mental entails the reality of mental causation: «What possible good could causeless and effectless entities do for us?»

It is based on Driesch and in turn on Aristotle, and the apparent duality between formative and energetic causation has its ancestry in Aristotle's distinction between form and matter.

Your last paragraph ignores the difference between an evolutionary hypothesis based on physical evidence and demonstrable mechanisms versus the magical causation inferred by scientifically ignorant ancient tribes resulting from a human tendency towards teleological thinking.

She doles out advice based on what worked for her or her friend or her cousin without realizing that correlation doesn't equal causation.

The problem is that many actual real life politicians in USA assume that implication and make budgetary decisions and public rhethoric based on that assumed causation (example1, example2, example3 from top of Google search first page).

The findings of the study, based on the Aesop's fable The Crow and the Pitcher, help solve a debate about whether children learning to use tools are genuinely learning about physical causation or are just driven by what action previously led to a treat.

If I remember correctly, it is based on CVD risk correlated with a lower or hight omega - 3 index, which does not indicate causation and is not as accurate as an interventional study such as the Framingham study.

This sounds more like an observation based on a small number of cases rather than an established trend, and it doesn't say anything about causation.

Iv» e been reading Bsall postings and they all have a lot of passion for educating children which is what education is supposed to be about... My personal 2cents worth is this - In social science there is very little that can meet the level of scientifically verifiable causation and we therefor shouldn't be making decisions that impact childrens lives based on faulty science.

Based on the research, there was a significant correlation (not proving causation, but strong correlation) that owners of small dogs were less likely to train their dogs, less likely to engage in play interaction and had less consistency in training interactions than the owners of larger dogs.

the Granger causation test is based on lags, and only implies priority in time, as you say, and was not worth a Nobel prize.

The idea of an evaporation thermostat was proposed in the 1970's by Newell, and was based on erroneous reasoning confusing correlation with causation; when one does the physics, one finds that evaporation increases the air - sea coupling, but can't prevent a warming if the atmosphere itself warms.

Apportioning partial causation of Sandy's destruction on global warming and ignoring all else only obscures the critical dynamics required to make early warning predictions based on storm intensity.

In the complex system we have it seems to me to rather naive to ascribe causation based on movements in two data series alone.

But they are still like models of the stock market, based not just on theoretical causations, but on correlations in conditions that will never be repeated.

All of my objections have merit because you are basing all of your claims on a single graph that does not show causation.

Personally I have always been interested in true Science and making scientific connections between causation and effect based on factual evidence.

Rather, she held, citing Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, that causation could be established on the basis of material contribution to the occurrence of the injury that was greater than de minimis.

[14] «But for» causation and liability on the basis of material contribution to risk are two different beasts.

In conclusion, there seems to emerge from the Opinion of the AG Saugmandsgaard ØE a narrower interpretation of the State resources criterion, based on the commitment of public resources and causation / remoteness.

Exceptionally, however, courts have accepted that a plaintiff may be able to recover on the basis of «material contribution to risk of injury», without showing factual «but for» causation.

Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary.

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

Although the Court expressed difficulty in summarily deciding the matter based on the evidentiary record before it, the Court agreed that the causation issue was severable from other liability issues and determinative of the matter.

The plaintiff's expert's evidence was criticized because: 1) he didn't review the entire file, just what the plaintiff provided to him; 2) his opinion was formed with the benefit of hindsight; 3) he gave evidence as to causation of the plaintiff's loss, based on what the motions judge might have done had H proceeded differently, which is impermissible.

As for those who have committed suicide, the biggest burden to their lawsuits, which will likely be based on negligence claims, will be proving causation.

If liability is based on fault and the possibility of causation then doesn't that suggest the importance of contribution as between tortfeasors?

There's at least a half - dozen, maybe more, cases released since March 2007 in which the lawyers have argued about factual causation, and the judges have written reasons dealing with factual causation issues, not mentioning the SCC's decision in Resurfice v Hanke 2007 SCC 7 and clearly argued and decided based on the case law predating Resurfice.

The trial judge dismissed the case on the basis that causation had not been proven and this is the appeal.

Of course, those damages will still be assessed with reference to ordinary principles of law, including causation, foreseeability, remoteness and mitigation and what amounts to payment within a «reasonable time» will depend on a number of factors to be determined on a case by case basis.

(b) Considering the issue of causation, the trier of fact may draw reasonable inferences from the evidence, based on common sense.

Regrettably, therefore, there must be a new trial, unless the hospital can show that there was no evidence to support a finding of causation based on the nurses» negligence.

[77] Nonetheless, to make a finding of causation based on a robust and pragmatic approach, in my view, it was incumbent on the trial judge to consider and make findings about the evidence relevant to the medical issues.

And, I suppose there's some reason to consider there's some basis for believing the fact that the Ontario Court of Appeal and the British Columbia Court of Appeal seem to have different views on the law regarding causation could be some basis for believing there's something about the law regarding causation that's a wee bit controversial (even accepting that the division of powers structure in the Constitution Act means that that conflict IS constitutional).

Dr. Farine, a defence expert tried to base his expert opinion on causation on some of the expert findings from the first trial.

The Supreme Court's summary of the issues in the appeal suggests that that all the Court was asked to do is clarify the meaning of the Resurfice material contribution test for proof of the causation requirements in causes of action in negligence and, then, determine the correct result in Clements based on that test.

Between late 1996 and early 2007, Canadian tort jurisprudence formally had, at least based on an (ahem) «common sense», grammatical, ordinary, plain etc. etc. reading of Athey, an alternative method for establish factual causation (cause - in - fact) on the balance of probability.

On the basis of Resurfice and the evidence, the applicable test for factual causation was the but - for test.

The Courts have urged against making inferences of causation based on a mere presence of temporal relationship.

I would return the matter to the trial judge to be dealt with on the correct basis of «but for» causation.5

7 The second is a proximate causation argument, which would be identical to a causation analysis on a negligence based claim.8

However, his opinion with respect to causation is based to a large extent on incorrect and incomplete information.

Member of team responsible for successfully obtaining dismissal of shipowner defendants in hundreds of asbestos litigation cases pending in multi-district litigation based on lack of personal jurisdiction or lack of causation.

The U.S. Court of Appeals for the Federal Circuit historically has afforded litigants substantial leeway in applying economic theory to establish damages in patent infringement cases, as long as the theories are based on reliable economic evidence and establish direct causation of loss.

Therefore, the court reversed the initial ruling on the basis that causation was not found.

For example, Feldman analyzed the quality of Supreme Court merits briefs using a composite of features such as passivity, wordiness, sentence length, and tone.63 He found that brief readability was positively associated with the percentage of brief language adopted in the opinion and that the association was highly significant.64 Similarly, Collins et al. analyzed the «cognitive clarity» and plain language of Supreme Court amicus briefs.65 They measured cognitive clarity using the dictionary - based Linguistic Inquiry and Word Count program (LIWC), which relied on an index of categories that relate to cognitive clarity such as «causation, insight, discrepancy, inhibition, tentativeness, certainty, exclusiveness, inclusiveness, negations, and the percentage of words containing six or more letters.»