Sentences with phrase «factual determination of»

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...

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.

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

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»).

The words «to it,» the imprecise meaning of the words «directly,» «related» and «relevant,» the privative clause in section 23 of the Act, and the highly factual and policy nature of relevancy determinations, taken together, widen the margin of appreciation that this Court should afford the Board in its relevancy determination...

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.

[note](A / HRC / 26 / 19, para 39 at http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session26/Pages/ListReports.aspx [/ note] This determination regarding limitations on the freedom of scientific research, will be heavily dependent upon the relevant factual circumstances and should be subject to a precautionary approach in the face of large uncertainties.

The Court explained that the clear error standard demands even greater deference to a district court's factual findings when those findings are based on determinations regarding the credibility of witnesses.

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

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.

Russia maintains that there is no factual or legal basis for the ICJ to adjudicate, claiming that the issues between Ukraine and Russia relate to the legality of the use of force, sovereignty, territorial integrity and self - determination and therefore go beyond the jurisdiction of the Court.

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.

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

Instead «necessity» becomes equivalent to what is likely to assist «efficient determination» of a case: «[47] The advantage of... this rule is that it avoids an over-rigid interpretation of necessity, where a skilled witness is put forward to present relevant factual evidence in an efficient manner rather than to give an opinion explaining the factual evidence of others.

Appellate courts must be cautious, however, in finding that a trial judge erred in law in his or her determination of negligence, as it is often difficult to extricate the legal questions from the factual.

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.

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.

Ultimately, the Third Circuit held there was a material question as to whether the estate relied on the advice of counsel in not paying the tax due and remanded the case for that factual determination.

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.

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).

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.

Furthermore, the Court of Appeal's decision makes salient determinations with regard to the amount of deference owed to the Property Assessment Appeal Board (the «Board») on judicial review, and the Board's exclusive jurisdiction over factual findings.

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

«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»

It is the policy of the Employment Screening Resources (ESR) News Blog not to identify background screening firms named in lawsuits that are in pleading stage since allegations are not facts, and there have been no factual or legal determination of any issues.

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.

It also will consider whether a jury is entitled to evaluate and judge factual evidence concerning the reasonableness of a regulatory agency's land use 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.