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.