Sentences with phrase «factual determination»

Importantly, Indiana appellate courts will not revisit factual determinations of a judge or jury.

Eliminating them, just like reversing the endangerment finding, would involve overturning a prior factual determination by EPA, which would require extraordinary evidence and a determined legal defense.

While agencies (EPA) have fairly broad discretion in making specific factual determinations, the factual findings can (and usually will) be remanded for further proceedings if the agency failed to follow its own guidelines and procedures to ascertain basic facts.

Replay, he says, is entirely about factual determinations — safe / out, down / not down, fumble / no fumble — not interpretation of legal rules.

[57] They further added that, given the tribunal's familiarity with making such factual determinations, the tribunal was well positioned to make assessments as to the necessity of awarding legal costs.

Granting Perry's appeal, Lady Justice Gloster held: «In my judgment, the judge was wholly wrong, both as a matter of principle and in the particular circumstances of this case, to have engaged in the kind of factual determination which he did as to whether, on the balance of probabilities, Mr Perry could have brought an «honest» services claim.

It would not be appropriate for this Court either to make factual determinations as an initial matter or to take judicial notice of Camden's decay.

Judge Wildblood had a clear approach, stating that the first thing which is needed is an early factual determination.

The trial court made the following factual determinations: the Subdivision had panoramic views; the Subdivision was a very quiet neighborhood; and the wind turbine would cause a negative impact on property values as well as the character of the neighborhood.

You're largely correct, except Seidel v. TELUS Communications Inc. should also be understood in the context of B.C.'s Business Practices and Consumer Protection Act and the split Court's factual determination of a need for access to justice.

So Samsung is actually challenging validity, but at a strategically chosen level: I've read more than once in literature on appellate strategies in patent cases that claim construction (a matter of law) is far more easily reversed on appeal than factual determinations by a jury.

«We want to help people, we are a compassionate state, when there's an emergency we come together, but I want to make sure we are helping the right people in the right areas and we are doing a factual determination,» Cuomo said.

Whether a particular property is held on income or capital account is largely a factual determination and is unaffected by this measure.

After a separation, entitlement to spousal support is based upon a factual determination based upon your personal circumstances.

The best interests of the child is a factual determination based on that child's specific interests and needs.

The question requires nothing more than a factual determination based on the specific case before the court.

The reality is that this was a factual dispute, not a legal one, and without that factual determination there was no legal relief.

The decision was based on a factual determination that the Applicant had not suffered a cervical radiculopathy, which even the insurer acknowledged would have brought the Applicant out of the Minor Injury criteria.

The Court felt a factual determination was necessary to resolve issues as to what is a normal workload in the industry, what was the record as to CTC's intent in using Torres, and ultimately whether Torres was «furnished» to meet «short - term workload conditions.»

It then resolved equitable distribution, alimony and attorney's fees based on these credibility - based factual determinations.

Factual determinations are typically not disturbed on appeal.

The Federal Court of Appeal noted that the issue of whether there is copyright in a compilation of facts is a «highly contextual and factual determination» (at para 186).

Since the public authority is normally the primary decision maker «with a duty to apprehend the facts underlying the decision by a fair procedure which takes properly into account all relevant facts and circumstances», if it does this «the court will not normally examine the merits of the factual determination».

The Court of Appeal found that there was evidence that allowed the Board to conclude that the sale was not a reliable indicia, and accordingly, the Board's factual determination is non-justiciable by the reviewing courts.

And, of course, the limitation on appellate review of factual determinations under Rule 52 (a) is no more stringent than the limitation on federal appellate review of a jury's factual determinations under the Seventh Amendment, which commands that

To be clear, these civil claims against the financial institution are just allegations and there have been no factual determinations.

The Board held that because the practice did not harm the public and because it involved a factual determination of fair market value, rather than legal analysis, it did not constitute the...

Absent an affirmative statement by the tenant that they have abandoned the property, this is ultimately a factual determination best made by a judge.