Sentences with phrase «errors of fact which»

Thus under the Railway Act privative clauses, comparable in every respect to those currently in the ACT, where the Board is acting without its jurisdiction and has not committed a reviewable error of law interpreting its statute, any errors of fact which it may commit are not reviewable.

Not exact matches

In fact some of the evidence you didn't mention which was popular fodder in the past has already been proven incorrect (horses in the americas before the spanish, and the BofM reference to elephants) Both considered ridiculous errors by Joseph Smith until elephants appeared on ancient Mayan / Incan temples and horses from the Brea tar pits were dated before the spanish.

This is a desperate error, or rather a desperate mistake, which overlooks (yes, and what is worse, it overlooks the fact that what it overlooks is pretty nearly the best thing that can be said of a man, since far worse often occurs)-- it overlooks the fact that the majority of men do never really manage in their whole life to be more than they were in childhood and youth, namely, immediacy with the addition of a little dose of self - reflection.

Facts, or evidence, seem incontrovertible only in the light, or dark as the case may be, of human judgment, which is the only source of error on this planet.

Obviously we can not share in these various Afro - Asiatic forms of religion nor can we remain indifferent to the fact that each of them, in its own way, should regard itself as being the equal of any other and should authorize its followers not to seek to discover whether God has revealed the perfect and definitive form, free from all error, in which he wishes to be known, loved, and served.

The unspeakably tragic error, he insisted, was to think that Christianity is a subcategory of «religion,» when in fact Christ explodes from within history all human constructions of reality, religious or otherwise, thus illumining with the divine the world of which we are part.

After noting that «certainly, the misdiagnosis did not cause the child's disability, which existed before the error and which could not be remedied,» the Court considers that, «however, the injury must be compensated is not the disability itself, but the fact of being born with such disabilities.

And the «vague» papal pronouncement that Mr. Lowell seems to doubt was ever made was, in fact, a major — some think historic — allocution, delivered in 1953 to an audience of Italian jurists, in which Pope Pius XII laid down the principle that «in the interest of a higher and broader good, it is justifiable not to impede error by state laws and coercive measures.»

I'll give you that an educated guess is better than an uneducated one, but when you start with the premise that the bible is fact and any error can be crossed using «educated guesses» as the foundation of your faith you can but hope that the guesses are true, which is why they call it «faith» and not «fact».

Of course they're going to resist change, and pretend, as an organization, that the process is essentially perfect, and in fact could be improved only by a) fewer grenades thrown by impudent non - members / non-voters like me, and b) the dissolution of the Veterans Committee, which after all was invented largely to redress any (supposed) errors made by the BBWAOf course they're going to resist change, and pretend, as an organization, that the process is essentially perfect, and in fact could be improved only by a) fewer grenades thrown by impudent non - members / non-voters like me, and b) the dissolution of the Veterans Committee, which after all was invented largely to redress any (supposed) errors made by the BBWAof the Veterans Committee, which after all was invented largely to redress any (supposed) errors made by the BBWAA.

What we found was a wide range of historical «facts» about the club that were not facts at all, and these errors which have littered previous histories of the club have now been put to rights.

There is a real irony in Diaz hosting Abrazo Boricuaparticularly with his expressed desire to «protect» his community.I guess that desire doesn't extend to the women of his community (excuse the pun) because the Grand Poobah of the parade this year is a wife beater — who SERVED TIME IN PRISON for the crime.His enablers at the Puerto Rican Day Riot committee attribute his violence to a youthful error — ignoring the fact that he was in his FORTIES at the time.Check out which politicians march and which do not and ask yourself if they'd ignore a violent anti — semite or racist or homophobe being so honored.Once more women in that parade are relegated to the position of tarted up and half naked — even the pre teens — but not worthy of respect.So much for Diaz» «protection».

This seems to be on the back of opinion polls which may not have changed if you allow for their inbuilt margin of error and which certainly ignore the fact that Northern marginal seats are running ahead of the national figures.

YOUR FALSE ACCUSATION AND ITS IMPLICATIONS This is an egregious error, a product of always a «constant vilification without checking your facts» in which attacking colleagues often supersedes getting it right.

The right - leaning British Times Online, which first publicized the alleged error, called the assertion of this fact «the most important» of the issues yet to emerge from the 2007 report.

Every class of mistake of which he accuses environmentalists and environmental scientists who have contributed to the «litany» is in fact committed prolifically and indiscriminately in The Skeptical Environmentalist (except, of course, for refusing to acknowledge error for this, one has to read his rebuttals).

We account for the dependence structure of the dyadic data (i.e., the fact that each fMRI subject is involved in multiple dyads), which would otherwise underestimate the standard errors and increase the risk of type 1 error20, by clustering simultaneously on both members of each dyad21, 22.

In fact, the American Association of Colleges for Teacher Education has asked its member colleges to report all factual errors to the association, which is compiling a list.

It is all too easy to find mistranslations and other errors when it comes to such things as idioms of the language, which only highlight the fact that the work was not done by you.

In fact, in terms of such nascent technology / innovation & the listed sector's $ 2.6 billion market cap (just 2 % of the $ 144 billion cryptocurrency market... which is another rounding error globally), I question if valuation's even a relevant filter at this point.

For example, a study by the Consumer Federation of America and National Credit Reporting Association documented numerous serious errors and inconsistencies, such as the fact that 29 % of credit files had a difference of 50 points or more between the highest and lowest credit scores from the three nationwide credit bureaus (i.e., Equifax, Experian and TransUnion).37 Members of Congress cited studies from U.S PIRG showing errors in 70 % of credit reports, of which 25 % were serious enough to cause a denial of credit.38

They also would not have any say in removing them, due to the fact that the game has online play (which would cause lots of crazy errors if they were removed and someone tried to play online) and Brawl's hype and popularity would have caused a massive poop - storm amongst fans.

Man's disfigurement comes from his capacity for tragic error, a capacity which has permitted him to garble and to falsify the fact of death so that fear of death no longer seems like the uneasy impulse for all that we do.

With all due respect, your attempt to suggest that RealClimate is being «misleading» about Greenland ice melt, or is somehow trying to cover up the «direction» of the Times Atlas error which RealClimate in fact helped to publicize and get corrected, is as silly as it is dishonest.

This blog post details just one of many errors of fact in the Weather Alert documentary identified and documented by Mr Fernley - Jones, which he has included in a series of formal submissions addressed to the ABC's Audience and Consumer Affairs.

But I don't think that qualifies as «pseudoscience,» which to me suggests such things as controversial hypotheses masquerading as self - evident assumptions («ordered complexity implies a designer»), or outright fallacies of inference and errors of fact, perhaps hidden behind familar jargon («in information - theoretic terms, evolution of the eye is impossible»), or cleverly disguised as well - established results from other sciences («quantum electrodynamics suggests that consciousness is the fundamental nature of reality, and so we don't need to age, and crime will be reduced if we meditate on it correctly»).

this has evolved into major research ------ as in many people have their fingers into the pie ---- a huge pie ---- billions ---- and all of these will be out of work if the truth was to come out ---- many are blind to the truth and do not want to hear it ------ for it will mean they are out of a job ------ Note the Climate change people do not want to use Satellite data ------ it is not corrected ---- but want to use the ground based monitors ---- which are corrected for location caused errors ---- by humans ------ with their lively hood at risk this adjusted Data is then feed to other researches ---- who take this data as fact --------

The fact that the field of climatology is reluctant to admit how large the potential errors are is what is wrong... not the fact that it uses inferred measurements and proxies and models, which are all legitimate scientific tools.

There are errors and omissions in the film, to which I shall refer, and respects in which the film, while purporting to set out the mainstream view (and to belittle opposing views), does in fact itself depart from that mainstream in the sense of the «consensus» expressed in the IPCC reports.

There is no recent jurisprudence relating to Agency decisions which provides guidance on delineating errors of law from errors of fact — presumably because the privative clause precluding appeals on errors of fact is so clear.

The Divisional Court fell into error in holding that there were exceptional facts which brought the case to the very bottom of the scale of dishonesty.

It did so primarily based on findings of fact by the trial judge which the court found were not subject to any palpable and overriding error.

However, each year there are an unacceptable number of circumstances in which medical errors are in fact made, and devastating consequences follow.

These include: United States v. Resendiz - Ponce, which presents the question whether the omission of an element from a federal indictment can constitute harmless error (9th Circuit says no); Global Crossing Telecommunications, Inc. v. Metrophones Telecommunications, Inc., on whether a provider of pay phone services can sue a long distance carrier for alleged violations of the Federal Communications Commission's regulations concerning compensation for coinless pay phone calls (9th Circuit says yes); Cunningham v. California, a sentencing case involving whether whether California's Determinate Sentencing Law violates the 6th and 14th amendments to the U.S. Constitution by permitting California state court judges at sentencing to impose enhanced sentenced based on their determination of facts neither found by the jury nor admitted by the defendant; and Carey v. Musladin, reviewing the 9th Circuit's decision to overturn a murder conviction of a defendant who claimed he was denied a fair trial because the victim's relatives appeared in court wearing buttons with the deceased's picture on them.

(1) It is an error of law to make a finding of fact for which there is no evidence — however, a conclusion that the trier of fact has a reasonable doubt is not a finding of fact for the purposes of this rule;

With respect to the «adult industry» stream, the Court of Appeal found no palpable and overriding error of fact or an extricable error of law in the Trial Judge's reasons: «In our view, there was evidence in the record to support the trial judge's findings and we see no basis upon which this court should interfere with respect to the adult stream.»

Except where there is a «red flag» prompting further inquiry, such as an obvious error in the material or where information has come to light which casts a doubt on the reliability or integrity of the facts or opinions in the underlying material, there was no duty to examine the procedural fairness of investigations upon which facts and opinions in a reference were based.

We have evolved from Mallios v. La Reine, [1978] Q.J. no 380, there Greenberg, J. of the Quebec Superior Court was considering whether the trial judge was in error in taking judicial notice of the fact that Montreal Harbour was in Canadian waters south of the sixtieth parallel of north latitude: 12 «Judicial Notice» is the act by which a Court, in conducting a trial or framing its decision, will of its own motion, and without production of evidence, recognize the existence and truth of certain facts having a bearing on the controversy, which are universally regarded as established by common notoriety; that is, facts which can not reasonably be the subject of a controversy.

Despite Bastarache and LeBel JJ's description of the distinction between jurisdictional and non-jurisdictional errors (and the courts approach to determining which category a given error fell into) as «formalistic» and «artificial» (at [43]-RRB-, the way this distinction has developed in Australian law in recent decades in fact shares much in common with the standard of review analysis described in Dunsmuir.

The Court of Appeal was also careful to point out that to make a finding of fact for which there is no evidence is an error of law per se.

But the fact that the result would be very nearly the same to the parties in either form of judgment would not justify this court in sanctioning an error in the judgment which is patent on the record, and which, if sanctioned, might be drawn into precedent, and lead to serious mischief and injustice in some future suit.

Accordingly, the Court of Appeal determined that, in the present matter, «Questions of fact or of mixed fact and law from which no legal error is extricable are expressly precluded from appellate review».

Given the massive nature of the litigation hitting the council at the time, the fact that there was very little chance of settlement (particularly in the light of the conditional fee arrangements agreed with the solicitor, which drew some adverse comment) and the possible effects on council business of arranging so many meetings, the tribunal had operated the Employment Act 2002, s 31 (4) to award only a 5 % uplift, but the court agreed with the EAT that the sheer pointlessness of grievance meetings in these circumstances meant that even 5 % was an error of law and so the zero uplift in the EAT was approved.

These authorities are not to be taken as meaning that the findings of fact made at trial are immutable, but rather that they are not to be reversed unless it can be established that the learned trial judge made some palpable and overriding error which affected his assessment of the facts.

Medical errors by the physician, nurse midwife or other medical providers responsible for the delivery of the baby may not have recognized the fact that the baby was unusually large, there were signs of fetal distress, chose not to timely order an emergency cesarean section when needed or was negligent in the use of forceps or a vacuum extractor all of which caused grave injury to the baby.

Human error is very real because of the nature of tech that is cryptocurrencies today, which is unknown to newbies and also the fact that some unusual actions on the side of the user are necessary in order to assure good security for the tokens.

I had in fact made an error regarding the square footage of a subject property (which did not affect the market value of the property as depreciated cost per square foot has little to do with current market value) over ONE YEAR earlier; seems the employer had another reason to unload me.