Sentences with phrase «factual basis upon»

CREA has filed its response to the Competition Bureau's challenge of its MLS rules, calling comments by commissioner of competition Melanie Aitken «preposterous» and stating, «There is simply no legal, economic or factual basis upon which to order the remedy sought by the commissioner.»

«There is simply no legal, economic or factual basis upon which to order the remedy sought by the commissioner,» says CREA.

This means at a minimum that there must be a factual basis upon which a rational fact - finder could infer a causal connection; the nexus can not be established just by a formulaic assertion that the protected characteristic was the reason.»

Not exact matches

In our common understanding of history, we mean the factual record of the past, based upon reliable contemporary evidence or documents.

Apparently his descendents are planning a reprint, though the book is poorly written and not based upon factual anthropological information that even was available then.

OFSTED maintained that instead of a robust challenge through a Complaints Procedure, it relied upon its quality assurance processes which, in London, included three quality assurance reads, two by an HMI including an evidence based review and a review of the factual accuracy check response by the lead inspector, a sign off by a senior HMI and the final sign off by the regional director, before proof reading.

Perhaps more objectionable than the factual errors is the unfounded notion that Christians are being kept out of the University of California based upon their religious beliefs.

Based upon the factual evidence documented at www.UtahnsAgainstCommonCore.com I ask the Governor, State Board of Education, and State Superintendent to immediately take the steps necessary to rescind Common Core adoption, SBAC membership, the Race to the Top application, the No Child Left Behind waiver, and all other requirements upon the state that are related to these, and return to the Utah Core standards in use prior to Common Core adoption.

Dispute the debt with the credit reporting agencies based upon a factual error.

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

If a theory is considered by the experts to be based upon sound (factual) argument, then it is usually accepted if and until proven as flawed, when the theory is either modified or rejected.

It's time for all to allow some sanity to come back into the argument and not be so divisive and dogmatic when their faith is not only based upon computer models but has been disproven with factual data ever since they started sounding the alarm bells of rising seas and shrinking California and Florida coastlines.

First, the factual predicate upon which a lawyer bases such an analysis depends primarily upon the accuracy of the client's story, at least at the preliminary stages of a dispute, when legal memoranda are widely used to assess the viability of potential lawsuits.Second, the law itself is frequently uncertain when applied to the facts of a particular dispute.

Weil obtained the early resolution of all 13 cases by negotiating with plaintiffs a stipulated dismissal of all claims against SNI without prejudice, based in part upon factual representations by SNI regarding its knowledge of the fighter's injury.

When one parent alleges the other is alienating a child or committing a similar wrongdoing, it is incumbent upon the attorneys within the adversarial process to explore and challenge the factual basis of both positions.

The Commission notes that it has not provided definitive pronouncements of whether particular practices which may be relied upon in criminal matters, for example, will be capable of being recognised consistent with human rights on the basis that this will require a consideration of the factual situation at issue in the particular case.

A statement of opinion need not be based upon fact at all; an opinion is not claimed as factual; it is just an opinion, one person's perception of what could be based upon information that you and I are not privy to.

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original instance