Sentences with phrase «disputed issues of fact»

A trial court's findings of fact on disputed issues of fact will not be disturbed unless clearly erroneous (aka the «any evidence» standard of review)

The court clarified that committees could not decide disputed issues of fact, and that a «prima facie» case as to what happened meant a case for allegations which, if believed, would be sufficient to justify a verdict, in the absence of an answer from the registrant.

[56] The court also quoted the view in Perry that a committee «must not and can not decide disputed issues of fact in relation to the substantive allegations,» and «must also be extremely cautious about rejecting or discounting evidence on the basis that it is incredible or implausible.»

The court ruled that as long as there was a disputed issue of fact concerning the plaintiff's claim, such as whether the road was reasonably safe at the time of the plaintiff's fall, it was inappropriate to dispose of the case without a trial.

Not exact matches

After initially dismissing the issue of fake news and its role in distributing it, Facebook recently started working with third - party fact - checking groups and is now flagging stories that have been called into question or whose accuracy has been disputed.

Nobody disputes that the removal of David Dein was as big a blow for Wenger as it was for the supporters.They both worked together to the absolute benefit of Arsenal Football Club.What did Wenger do when left on his own?Did he insist on a Director of Football to handle all the issues Dein dealt with?Did he not illustrate to his Board that they have just removed the conduit that made the partnership work to the benefit of Arsenal Football Club?No.What did Wenger do?He took on everything himself including a massive pay hike on his next contract.Ken - do not be blinkered by the fact Wenger has been paid a kings Ransom for his time at the club.The results and performances are not justified by the continued decline that you openly admit to.Wenger would have us all believe he is the only one capable of getting us out of the quagmire we are in while seemingly failing to acknowledge it was him that got us there.

The NCAA needed to convince the judge that no genuine and disputed issues of material fact remain, and when viewing the evidence most favorably to the players, that the NCAA would be clearly entitled to prevail as a matter of law.

The New York State Public Employment Relations Board has appointed a three - member fact - finding panel that will take testimony, hold hearings and issue a report and recommendations in an effort to resolve the contract dispute between the New York City Department of Education and the UFT.

Regardless of the type of legal proceeding or which side uses scientific evidence, the forensic scientist must be able to write a report and testify under oath about: what facts or items of evidence were analyzed or tested; what tests or analyses were used; how valid or reliable those tests or analyses have been found to be by other courts; why and how the forensic scientist was qualified to conduct those tests or analyses; and, what the results of the tests or analyses were and how those results are relevant to the issues in dispute.

Please include the docket number of this Emergency Order in your petition, and state the material facts at issue which you believe disputes the existence of an imminent hazard and must include all evidence and exhibits to be considered.

Confronted with complex issues with high decision stakes, uncertain facts and values in dispute, scientists may still aim to deliver truth, but often there are many competing interpretations of the same problem (conflicting truths), none of which can be refuted given the state of knowledge — so that a consensus can only be an enforced reduction of complexity into single «best of our knowledge» claim.

If that's not true — if in fact, individuals would rather be guided reliably to conclusions that fit the position of «their team» than be right when they are evaluating disputed evidence on issues like climate change and the effectiveness of the HPV vaccine — then what I'm up to is either pointless or (worse) a self - deluded contribution to public manipulation.

But I m a cataloger of issues and in fact each of these three claims is disputed by some scientists.

Appellate experts such as SCOTUSBlog's Tom Goldstein pegged the odds of the Supreme Court hearing the appeal at «zero» because the dispute is primarily about facts rather than broad legal issues.

Limoges appealed, arguing that that the court made an improper credibility assessment about the affidavit of the Limoges expert and because the judge overlooked material issues of fact that were in dispute.

Expert witness statements can facilitate case decisions in the face of highly disputed issues and facts Read More >

The court continued, explaining that «a genuine issue of material fact exists where facts concerning an issue that would dispose of the litigation are in dispute or where the undisputed material facts are capable of supporting conflicting inferences on such an issue.»

While I am a U.S. attorney, the U.K. and U.S. are essentially the same on these issue in practice: «reasonable wear and tear» is a classic issue of fact to be decided by the judge (unlike the U.S. there are never juries in U.K. landlord - tenant disputes) based upon the evidence presented to him and his or her good judgment if the case goes to court.

Furthermore, as with all disputed matters, the court can do no more than decide the issues on the relevant facts of each case: the «primary search must always be for what the parties actually intended, to be deduced objectively from their words and their actions» (para 46).

Family law is a unique species of civil law for many reasons, but primarily because of: the frequency with which disputes brought to court concern social, psychological and emotional issues rather than legal; the almost complete absence of circumstances in which a specific legal conclusion invariably and inevitably results from a particular set of facts; and, the range of other areas of the law that may be concurrently applicable, such as contracts, tax, conflicts, real property, negligence, torts and trusts.

«The matters to which the court must have regard include --(a) the financial value of the claim and the amount in dispute, if different; (b) whether it would be more convenient or fair for hearings (including the trial) to be held in some other court; (c) the availability of a judge specialising in the type of claim in question; (d) whether the facts, legal issues, remedies or procedures involved are simple or complex; (e) the importance of the outcome of the claim to the public in general».

The issue then becomes how sensitively online procedures can handle disputes of fact.

The facts are not in dispute nor is the Board of Governor's Student Discipline Review Committee in a better position to decide the matters at issue.

At that time, disputes involving numerous contested facts, and particularly cases where credibility issues existed between the parties, would rarely be dealt with by means of summary judgment.

However, Rule 29 (3) also includes sensitive subjects such as the issues in dispute and admissions of fact that also arise in the court form that defence lawyers must file, prior to the conduct of all pretrial conferences, under Rule 26 (1).

In fact, many issues and disputes arise in matters of probate.

To maximize your compensation, retain a car accident lawyer who can investigate the facts of your accident, contact all responsible parties, handle any insurance issues including coverage disputes, and gather the necessary records and supporting documentation of the nature and extent of your injuries.

Whether the at - fault driver is clear, or whether there are disputed issues as to whom the at - fault driver is, my job is to gather the facts and make an argument on behalf of my clients to best protect their rights.

We don't lose sight of the fact that estate disputes are first and foremost human issues.

The factum summarize the facts of the case, the issues in dispute, and the law being relied upon (with the addition of «overview» and «relief sought» sections at the beginning and end of the factum,... read more

The Appellant appeals on the basis that, since material facts and the credibility of the parties are disputed, there are genuine issues for trial.

The reason for such disputes is due to the pool of experienced claims handlers being shallow and loss adjusters not fully examining all facts that will permit a claims handler in determining coverage issues.

On an application, the court may direct a trial of an issue or convert the proceeding to an action, especially where there are facts in dispute.

In the event global settlement is not reached, the program would provide the parties with a summary of the facts inputted, the terms of any agreements reached that could potentially be incorporated into a separation agreement or consent order, and the legal issues remaining in dispute, again without revealing the parties» positions on those issues.

Let's put aside issues of evidence and what can be proved and assume these facts are not in dispute.

We will glean the basic facts and clarify the issues of the dispute.

The buyer had evidence of disputed fact issues on whether the seller's real estate broker had committed fraud or was negligent in handling the real estate transaction where the square footage of the property was inaccurate.

Arbitration Worksheet: This worksheet is intended to assist hearing panels in identifying relevant issues and facts in determining questions of entitlement to disputed funds.