Sentences with phrase «factual determination by»

Not exact matches

The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an «Award»).

But the Supreme Court, in making a determination on a similar application filed by Woyome for stay of proceedings pending the final outcome of the case before the African Court, argued that there was no real factual and legal basis for it to share its powers and jurisdiction with any other court, and so it can not be compelled to halt the ongoing proceedings.

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

In so doing, any appellate court will inevitably exceed its jurisdiction to interfere with the factual component of the unitary determination by the trial judge.

The Agency is not bound by statute or regulation to any particular methodology for making factual determinations respecting financial impact.

Before turning to the question of what lessons might be learned for the future and offering some guidance in that regard, a formal apology is owed to all those who have been adversely affected by the failure of the Family Justice system to produce an adequate and supportable determination of the important factual allegations in this case.

He does not contemplate the possibility that the parties may simply have wanted a determination of the factual and legal issues raised by the dispute between them.

For appellate practitioners and litigators contemplating an appeal, you by now should know that most factual findings — even those than can be implied — usually will uphold a judgment or trial court determination.

Though the judgment also notes the limited applicability of the Guidelines to certain factual scenarios, and expressly states that if Guidelines are in conflict with a relevant authority, the «authority is to prevail», the Court ultimately incorporated the ranges provided by the Guidelines into its determination of both the quantum and duration of support.

Under the rules relating to confessions at common law, the admissibility of a confession which had been preceded by an involuntary confession involved a factual determination based on factors designed to ascertain the degree of connection between the two statements.

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.

«a determination after a hearing on the merits of a factual issue, made by a State court of competent jurisdiction... [and] evidenced by a written finding, written opinion, or other reliable and adequate written indicia, shall be presumed to be correct»

Reviews by the NNTT threaten to create even greater confusion by enlarging the role of the NNTT to include quasi-judicial investigations into the factual and legal issues at the heart of a native title claim, the determination of which is, appropriately, the sole domain of the Federal Court.

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