Sentences with phrase «facts of the case supported»

C.A., Feb 7, 2013)(35295) May 2, 2014 Estoppel is unavailable to avoid the application of a clear legislative provision, including, as in the instant case, one that establishes a strict liability regulatory offence; the facts of this case support neither the due diligence defence nor the defence of officially induced error.

Several additional facts of the case supported this alternate explanation.

Not exact matches

In recent years, defendants in Section 10 (b) actions in the Ninth Circuit have routinely cited to the Metzler line of cases to support an argument that loss causation is absent in any case where losses were sustained prior to the market learning the fact that defendants had committed fraud.

Similar proposals, also called «Aiming for A,» received well over majority support at a handful of European companies where they were submitted in 2015, due in large part to the fact that in each case the board recommended shareholders vote in favor.

As a matter of fact, the educational and training materials on the website are purposely designed to support novice traders in most cases.

However, China is also aware that the U.S. Section 301 case targeting IP violations, cyber-hacking, and the spillover effects of China's modern industrial policy, enjoys broad support from industry in the U.S. and in fact from other countries that have also felt victimized.

Case in point: They believe in ID despite the fact that not one, single piece of evidence has been found in support of it, and not one single experiment has provided any proof for it.

In any case, worry less about who people are and more about the fact that all you have are a lot of personal feelings and beliefs you can't support with objective evidence.

While I think we can all agree that Christians should withhold condemnation regarding the abuse allegations until the facts come out in the case and the issue has been thoroughly investigated and subjected to due process, what baffles me is Christian leaders» continued support of Sovereign Grace Ministries in spite of the ministry's repeated efforts to evade external investigation into this matter.

«In more recent times, this opinion has found support from the fact that sight impediment - including temporary blindness lasting from several hours to several days - has been observed as being a symptom or result of an epileptic seizure and has been mentioned in many case reports.»

Second, pragmatism, like all interest theories of ethics, has no way of escaping the subjectivism which grounds all value ultimately on subjective feeling, nor is this any less the case because of the objective methods that pragmatism supports for the judgment of whether our actions will in fact produce the values that we think they will.

Even in the case of the so - called «testimony of the senses,» this counts as «testimony» only if it is used to support a judgment which goes beyond the mere recording of facts.

The fact that her case has been so publicised has helped her in one way, generating a groundswell of support, but on the other hand she is now known in Iran, and in the words of one Iranian pastor, «will have problems» when she returns.

There is on one side of this coin the students» tendency to attend lectures which they need for their examinations; on the other side is the fact that there is strong political support for Küng among the students (there was a huge rally and torchlight parade last December on the night following the Roman edict to withdraw his missio canonica), and for many students, both Protestant and Catholic, the issues in the Küng case are larger than the man himself, Küng's status at the university is not dependent on the number of students who come to his lectures (nor on the number of his doctoral students), but the fall semester will be some index of the viability of this new «third track» in theology.

The exchange of one israeli soldier for1000 prisoners in this case mostly terorists with blood on there hands has nothing to do with the fact of Gilad being jewish, the israely governement, army and people has been supporting anybody willing to help us in getting any soldier from the israely army missing in actoin dead or alive back home this is an unwritten law of the idf that every father and mother in israel knows.

Add the fact that mothers are almost always assigned primary custody of minor children and that child support is not mandated in almost 40 percent of all settlements and in any case is often irregularly or never paid, and you have a recipe for all kinds of trouble.

The study also recognized, however, that the fact that those who specialize early may experience a more rapid improvement in performance provides some support for those who argue in favor of early specialization, at least in the case of sports, such as figure skating and gymnastics, in which athletic careers are shorter and attaining peak performance at a younger age may be advantageous.

In a recent case in 2012, the state of Kansas pursued a known donor (where the child was conceived through at - home insemination) for child support when the child's mother (in a same - sex relationship) applied for government assistance for the child — despite the fact that the known donor had signed a written agreement with the intended parents stating that he would not be a legal parent of the child.

In looking back at our investigations into mishandling or removal of classified information, we can not find a case that would support bringing criminal charges on these facts.

We were thrilled to receive the support of Baroness Verma who said of the event: «What is a recognised fact is that the number of women led businesses is growing and that there is a strong business case for banks and other business support organisations to ensure they meet and respond to this increasing market's needs.

This of course is a very rough model and it can not take appropriate account of the fact that changing support levels between elections tend to vary geographically, while it also fails to take account of the local particularities of the different regions in cases where no regional figures are produced in association with different national opinion polls meaning that there is no scope to carry out separate regional analyses based on these poll figures.

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

But the fact is that organizers had drawn (or bused in, in many cases) thousands of students and parents in matching shirts and trumped a smaller rally in support of de Blasio's pre-K plan that had been in the works for months.

«While the allegations are disturbing, it was determined following a review of the case that the facts and the evidence aren't legally sufficient to support the felony charges,» said Helen Peterson, a spokeswoman for the Brooklyn District Attorney's Office.

With few exceptions, each speaker delivered a concise, forceful and fact - filled case about their collective cause: Erie County's continued support of arts organizations large and small as integral components of the region's emerging economy and quality of life.

If you have presented evidence that supports your case but the reviewer refuses to hear the evidence, then summarize the facts of the case to the editor.

«The authors seem to jump to conclusions based on their analysis of case - control studies despite the fact that their cohort analysis provides no evidence to support their findings.

(Of course he had to base that on a questionable assertion about diabetes risk, since there's literally no evidence to support a finding that white rice in and of itself increases cancer risk — in fact the opposite seems to be the caseOf course he had to base that on a questionable assertion about diabetes risk, since there's literally no evidence to support a finding that white rice in and of itself increases cancer risk — in fact the opposite seems to be the caseof itself increases cancer risk — in fact the opposite seems to be the case.)

In fact, you could even make a case for it having more research behind it than protein, with volumes of research spanning over two decades supporting its effectiveness for boosting strength, speed and muscle mass.

The film struggles to create a context in which the climactic murder seems inevitable, but the facts don't support a psychological case study — all indications are that du Pont more or less lost his mind in the weeks leading up to the murder, whereas most of Foxcatcher takes place almost a decade earlier — and screenwriters Dan Futterman (who also wrote Capote) and E. Max Frye (Something Wild — this is not) never manage to build a series of petty rivalries and resentments into tragedy.

Bryant, see, was accused of rape in 2003, and though the case was eventually settled out of court, the fact that it existed at all (and had such credible evidence backing it) probably should have given second thoughts to voters ostensibly interested in supporting Time's Up and #MeToo.

To support my case, I presented three categories of evidence: (1) the fact that national reform groups seem deeply concerned about Detroit; (2) the similarity in performance between the city's charter and traditional public schools; and (3) the large negative effects of two statewide voucher programs on student outcomes.

In the case of AIMS, despite the fact that the organizations» schools were among the highest performing charter schools in the state, CCSA supported Oakland Unified School District's (OUSD) 2013 decision to revoke the schools» charters amid allegation of mismanagement of public funds and the initial unwillingness of the AIMS board of directors to take necessary corrective actions.

The fact that the AFT affiliate, like its counterparts in other districts, have the advantage of bodies on the ground — and in the case of race between Zimmer and Anderson, used it to their advantage — is another reminder that the school reform movement must do a better job of building grassroots support, especially among the 11.7 million single - parent families for whose children the failures of big - city districts such as L.A. Unified prove to weigh most - heavily.

No, I expect the anti-Blaine groups to continue looking for a case with facts supporting their point of view — that is, a case involving an application of a Blaine Amendment in a way that appears to discriminate against a particular religious tradition, denomination or practice.

Vouchers: Here are the issues that turned the case — «At issue was the fact that many of the taxpayer - funded vouchers support tuition at religious - affiliated private schools such as Catholic parochial schools.

The NAMM Foundation is your source for advocacy resources, including news of latest music research, including a handy list of cited facts and quotes to help make your case for supporting music education in schools.

The price has come down to the point of being practically large - scale impulse purchases, and the fact that you can expect ongoing support and content updates for the indefinite future makes a strong case or the practicality of ownership.

The short case by Mr. Rajagopal offers little beyond the usual hyperbole related to Buffett's age, etc, and nothing in the way of valuation or facts supporting his target price.

Most of them, like documentaries, are about finding facts that support your belief, and in some cases ignoring the ones that do not.

In the case of Sunset Overdrive, this new IP might not have sold as much as Microsoft imagined it would and that's due to both a combination of poor messaging behind the Xbox One console prior to launch and the fact that several Xbox One owners chose not to buy and / or support the game when it mattered most.

But when opponents of climate change legislation — Republicans or Democrats — are willfully distorting the facts to support their case, the matter needs to be addressed.

What it means In summing up the implications of their findings, the Portuguese scientists say that they further support the fact that «there is no evidence of CO2 - related mortalities of juvenile or adult bivalves in natural habitats, even under conditions that far exceed the worst - case scenarios for future ocean acidification (Tunnicliffe et al., 2009).»

You say that this uncertainty is used «to argue that environmental policies based on concerns over global warming are not even worthy of support», but it seems to us that it is less the case that your objection is based on an argument made as much as the fact that they outlined a difference of opinion.

In summing up the implications of their findings, the Portuguese scientists say that they further support the fact that «there is no evidence of CO2 - related mortalities of juvenile or adult bivalves in natural habitats, even under conditions that far exceed the worst - case scenarios for future ocean acidification (Tunnicliffe et al., 2009).»

CEFIC even managed to enlist trade union support, despite the fact that 3,000 cases of chemical - related occupational asthma are reported in the UK every year.

California is proceeding down this absurd emissions reduction path while the «science» supposedly supporting climate alarmism claims is crumbling with global climate models shown to be flawed and failed by climate scientist testimony before Congress and UN IPCC acknowledgements of the undeniable truth that it is impossible to create credible global climate models which, in fact, has been the case for the last 25 years.

(On the latter they struggle to come up with a shred of evidence to support their case, and ignore the fact that coal miners and gas extractors and pay very substantial sums in royalties to governments.)

The evidence is overwhelming — and sound science, the data, and the facts support, by 100 percent, EPA's statement... This technology has been applied than 2 million times with no documented cases of groundwater contamination.

Or in any case, the same research that supports the conclusion that «fact bombardment» doesn't work is filled with findings of alternatives that work better in promoting constructive open - minded engagement with scientific information.