Sentences with phrase «factual disputes over»

Would a district judge have to resolve on the record factual disputes over advisory guideline calculation?

Although the opinion starts off as a criticism of the district court for not properly evaluating the factual dispute over whether the employer had properly adopted its computer usage policy, the appellate court went on to proclaim the preeminence of the attorney - client privilege over employers» computer usage policies.

Not exact matches

The Factual level: disputes over «matters of fact» a) not only observational, but all claims about the world b) disputes are settled by appeal to methodological level c) at this level the rules are taken as given

The Methodological Level: disputes over the rules to settle factual disputes a) are in effect «rules of evidence» b) serve as a kind of «science court» in which a «verdict» on factual disputes is resolved by appeal to «evidence» c) this reflects the empiricist's commitment to the «Leibnizean ideal» d) explains how a «staggering proportion» of disputes are in fact resolved e) however, occasional disputes over the methodological rules arise 3.

Since the majority frames the issue as a dispute over the interpretation of a contract, and the factual matrix surrounding the making of the settlement contract was not materially in dispute, it is possible to conclude the record before the Chambers Judge was not deficient:

The dispute in the present case is over whether the compelled disclosure is of purely factual and uncontroversial information.