Sentences with phrase «established by opinion»

Not exact matches

Opinion differs on whether Research In Motion, based in Waterloo, Ont., can buffer its bottom line by establishing a significant beachhead in the increasingly lucrative tablet market to go along with its ever - growing smartphone sales, or whether it should close up shop and get out of the game while it still can.

In March, the Committee for Medicinal Products for Human Use (CHMP) of the European Medicines Agency (EMA) adopted a positive opinion to include a new indication for adults with established atherosclerotic cardiovascular disease (myocardial infarction, stroke or peripheral arterial disease) to reduce cardiovascular risk by lowering LDL - C levels.

We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States), Neiman Marcus, Inc.'s internal control over financial reporting as of July 28, 2012, based on criteria established in Internal Control — Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission and our report dated September 18, 2012 expressed an unqualified opinion thereon.

Members of the Committee are non-management directors who, in the opinion of the Board, satisfy the independence criteria established by the Board, the standards of the Securities and Exchange Commission (SEC) and the NYSE.

ARI is a national, not - for - profit, non-partisan public opinion research foundation established to advance education by commissioning, conducting and disseminating to the public accessible and impartial statistical data, research and policy analysis on economics, political science, philanthropy, public administration, domestic and international affairs and other socio - economic issues of importance to Canada and its world.

«Well aware that the opinions and belief of men depend not on their own will, but follow involuntarily the evidence proposed to their minds; that Almighty God hath created the mind free, and manifested his supreme will that free it shall remain by making it altogether insusceptible of restraint; that all attempts to influence it by temporal punishments, or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the holy author of our religion, who being lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do, but to extend it by its influence on reason alone; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world and through all time.»

Facts must be established by truth not opinion.

I myself is of the opinion that the universe is finite in material (which is already established by science as aforementioned) and in spatial size since I believe the Origin of it is outside its beginning, and that Origin is «holding it in suspension.»

wiki,»... Despite various publications of results where hand - washing reduced mortality to below 1 %, Semmelweis's observations conflicted with the established scientific and medical opinions of the time and his ideas were rejected by the medical community.

The Sedition was possible only because the kind of leadership established by Umar was based on a climate of opinion, a standard of morality, and a degree of discipline which were rapidly vanishing.

An opinion dated 30th September 2016 and signed by Dr. Dominic Ayine, Deputy Attorney - General stated that the Chief of Staff «can issue directives with respect to SSNIT to take up the 24 % stake in the Project,» but «subject to compliance with the investment guidelines established by the National Pensions Act (2008).»

This robust system was established by an overwhelming parliamentary vote in 2015, which followed a decade of reviewing scientific, ethical and public opinion.

«In their opinion piece, Simopoulos and DiNicolantonio call upon public health bodies to establish nutrition policies based on science, but they justify their criticisms by advancing an unproven hypothesis on the adverse effects of omega - 6 polyunsaturated fatty acids, derived largely from theoretical arguments and animal studies, as if it were established fact.

Education policy «can not hope to rise above partisanship,» it argued, ``... unless mere differences of opinion, tenaciously held, are dissolved by revelations of pertinent facts established by scientific method and presented in understandable terms.»

To be successful, start by establishing an atmosphere where students feel safe sharing their opinions and developing a classroom culture of respect.

«Promote a culture of openness, diversity of opinion, and mutual respect that will disrupt established hierarchies and power dynamics, and by doing so will add perspectives, expand our networks, and strengthen our institutions by accepting risk and failure as options.»

The task force was established by the Department of Education to gather and analyze information regarding opinions about the assessment landscape in Tennessee form a variety of stakeholders including classroom teachers, district leaders, legislators and parents.

Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

It's in their best interest to push things like the «write a book in a month» contest, which, in my opinion, only serves to delude would - be writers into thinking they're the real deal and encouraging them by citing the small amount of formulaic, established authors who can get away with writing quickly.

What clearly comes across is the enormity of the task faced by 55 men of diverse opinion and ability to find common ground for 13 states, each with their own vested interests, already established in the flawed Articles of Confederation.

News & Notes is a weekly Saturday post featuring book - and publishing - related news, links to interesting articles and opinion pieces, and other cool stuff Book News Man Booker International Prize 2016 Longlist Announced (Man Booker Prize) The longlist contains books from Africa, Asia, South America, and Europe by established and debut... Read more»

Then again, in his seminal text The Dialectics of Decadence (1993) Donald Kuspit establishes how the concept of aesthetic purity, as posited by Donald Judd, is dependent upon its opposite: so - called decadent art (in this case the example given is the work of Sandro Chia, of whom Judd held a less than favourable opinion).

They go on to qualify their conditional criticism of Kyoto by stating «This scenario, however, does not question the general mechanism established within the protocol, which we believe is a breakthrough,» but the political opinions of the authors are not our concern.

It is certainly true that the RS has somewhat cornered itself by advertising in The Philosophical Transactions (1753) that»... it is an established rule of the Society, to which they will always adhere, never to give their opinion as a Body upon any subject either of Nature or Art, that comes before them».

A relatively incoherent narrative (in my opinion) has been established by the IPCC, and scientific research in the field proceeds by embellishing this established narrative.

I think it is John Cook's facts - established - by - research versus the opinions - and - obfuscation of Anthony Cox.

Despite the common perception that opinions vary across different parts of the country, survey data analyzed by Jon Krosnick at the Stanford Woods Institute for the Environment establishes that the vast majority of Americans are in agreement with the scientific consensus on global warming.

However, considered as an ensemble of individual expert opinions, the assemblage of local representations of climate establishes both the Little Ice Age and Medieval Warm Period as climatic anomalies with worldwide imprints, extending earlier results by Bryson et al. (1963), Lamb (1965), and numerous intervening research efforts.

This contextualization with reference to Council voting patterns suggests that the Court of Justice in Opinion 2/15 did not intend to significantly change established case law by proposing mandatory mixity for agreements covered partly or entirely by shared competences.

The opinion recites four considerations that would tend to establish an ethical duty for a lawyer to warn the client against using a business device or system for electronic communication: Where the client has already communicated by electronic means or has indicated an intention to do so; where the client is employed in a position that would provide access to a workplace device or system; given the circumstances, the employer or a third party has the ability to access the email communications and; that as far as the lawyer knows, the employer's internal policy and the jurisdiction's laws do not clearly protect the privacy of the employee's personal email communications via a business device or system.

In respect of (2), the Court of Appeal reiterated the test to establish the defence of fair comment, being: (a) the comment must be on a matter of public interest; (b) the comment must be based on fact; (c) the comment, though it can include inferences of fact, must be recognisable as comment; (d) whether the person honestly express that opinion on the proved facts; and (e) whether the defendant was actuated by express malice.

Donelien establishes that significant weight can (still) be placed on reasoned OH opinions, so long as they are not adopted unquestioningly by the employer.

By rejecting the Member States» argument that exceptions to rights established in Directive 2001/29 ought to be understood as minimum standards, the Court in Opinion 3/15 reaffirms its original understanding of the «minimum harmonisation» exception.

ABA Standing Committee on Ethics and Professional Responsibility Formal Opinion 10 - 547: Lawyer Websites September 30 By The American Bar Association «Many lawyers and law firms have established websites as a means of communicating with the public.

In other words, in the three opinions presented on the same day, the Advocate General Campos Sánchez - Bordona invites the CJEU to take some distance from their colleagues in Strasbourg, by maintaining the level of protection that was established before A. and B.

Prepared with experts and financial analysts, we establish a balance of power in the courtroom in order to challenge opinions and cost - analyses provided by experts testifying for an insurance company.

A fine, flowing rhythm is also evident in the following passage from Justice William Brennan's majority opinion in New York Times v. Sullivan, which broadened press freedom by raising the bar a public figure must clear to establish defamation.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

As the Court's divided opinion shows, establishing causation and, by extension, liability for a third party's criminal conduct is often difficult.

The June 21, 2011 South Carolina Supreme Court opinion in Ex Parte Brown 393 S.C. 214, 711 S.E. 2d 899 (2011), finally establishes «that the Takings Clause of the Fifth Amendment to the United States Constitution is implicated when an attorney is appointed by the court to represent an indigent litigant.

Even in cases where liability appears established and the damages are extensive, it is helpful to have witnesses who are unbiased or neutral and whose opinions and observations will be accepted by a claims adjuster or jury as reliable and credible so that your settlement or jury award for damages is maximized.

The factual premise for the expert opinion must be established by evidence otherwise properly admissible in the proceedings or it may be entitled to less weight (or none at all); R. v. Abbey, 1982 CanLII 25 (SCC); R. v. Lavallee, 1990 CanLII 95 (SCC).

* The Martindale - Hubbell AV rating indicates very high to preeminent legal ability and very high ethical standards as established by confidential opinions from members of the Bar.

Thus it will be seen by these quotations from the opinion that the court, after stating the question it was about to decide in a manner too plain to be misunderstood, proceeded to decide it, and announced, as the opinion of the tribunal, that in organizing the judicial department of the Government in a Territory of the United States, Congress does not act under, and is not restricted by, the third article in the Constitution, and is not bound, in a Territory, to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices for a term of years only, and may vest in them judicial power upon subjects confided to the judiciary of the United States.

Over 1000 opinions have cited PLCM Group, in which Laurie established that companies represented by in - house counsel can recover contractual attorney fees, and that reasonable market rates control the award.

The standard is that «[t] he proponent of the expert opinion bears the burden of establishing qualification, reliability, and helpfulness by a preponderance of the evidence.»

EXAMPLES: Examples of category (1) include a currently effective statute imposing a tax on real property, enacted in accordance with the applicable rules establishing the criteria of validity of such statutes; the holding, that is currently good law, in a court opinion respecting the aforementioned statute, rendered in accordance with all applicable procedures by a court having jurisdiction; and a regulation, formerly effective, furnishing detailed rules respecting the application of the aforementioned statute, which regulation was effected by a government agency acting within the scope of its authority and in accordance with the applicable rules establishing the criteria of validity of such regulations.

This statement of the full compensation principle springs from a long established tort rule summarised 129 years ago by Lord Blackburn in Livingstone v Rawyards Coal (1880) 5 App Cas 25: «I do not think that there is any difference of opinion as to it being a general rule that, where any injury is to be compensated by damages, in settling the sum of money to be given for reparation of damages you should as nearly as possible get at that sum of money which will put the party who has been injured or who has suffered, in the same position as he would have been if he had not sustained the wrong.»

First, the assumption by commenters that an advisory opinion would establish what law applied in a given situation and thereby simplify the task of ascertaining what legal requirements apply to a covered entity or entities is incorrect.

As noted by Andrew Smith J, the authorities did not clearly establish the correct test of causation where a lawyer is negligent in forming his opinion upon legal or other questions in order to advise or to act for his client.