Sentences with phrase «clear factual record»

In the context of «social and legislative facts» — meaning facts about society at large — opinion evidence becomes all the more menacing, because it is all but impossible to cross-examine the expert against a clear factual record.

Not exact matches

Because it is not clear to me that the de novo findings of appellate courts, with only bare records before them, are likely to be any more reliable than the findings reached by trial judges, I can not join the majority's sanctioning of factual second - guessing by appellate courts.