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