Sentences with phrase «factual findings»

Based on that testimony, the judge makes factual findings.

There was no error in the material factual findings underlying the trial judge's credibility assessment.

More detailed factual findings by the bankruptcy court might have prevented this outcome.

Because the article is written to project these outrageous lies as factual I find the entire article to be offensive.

Although it can review the transcripts of evidence, the appeal court generally does not make its own independent factual findings.

Response: Employers will have to consider whether they require the investigator to provide recommendations, in addition to making factual findings.

Should these mechanisms fail, the commissioner can only issue a report detailing factual findings and recommendations and, at her discretion, publicly naming the subject of complaint.

Where there exists factual findings of risk and injury, due to material contributions of a complex environment (where people interact), and in the absence of direct causation under the but - for test, would «all» be deemed indivisible in establishing causation under this ruling?

District judges may have an incentive to base their claim construction orders largely on detailed factual findings in order to protect their decisions on appeal.

Husband disputes a number of the trial judge's factual findings on a number of issues.

The trial judge analyzed the evidence in detail and made clear factual findings supporting his determination...»

«We accept the court's factual findings unless clearly erroneous but review de novo the court's conclusions of law and interpretation of the Arizona Child Support Guidelines.»

The Supreme Court ruled that the Federal Circuit must review all district court factual findings for «clear error,» even if a fact is nearly dispositive of the claim construction issue.

And... [Rule 52 (a)(6)-RSB- requires appellate courts to review all such subsidiary factual findings under the «clearly erroneous» standard.»

«To the extent the Opinion makes factual findings about the technology used by FilmOn, certain descriptions of the technology do not appear to track how the Aereo technology actually works.»

Absent a palpable and overriding error, such factual findings are afforded deference by an appellate court.

The stipulated divorce agreement also contains factual findings and legal conclusions.

Most recently in 2011, CTA's AB 1172 would have had a chartering authority deny a charter petition if it makes a «written factual finding that the charter school would have a negative fiscal impact on the school district.»

For example, appellate courts generally affirm factual findings, unless the lower court abused its discretion.

«I find that the motion judge erred in law and made factual findings unsupported by the evidence on matters of fundamental principle,» said Divisional Court Justice Anne Molloy, who penned the ruling on the court's behalf.

Although Markman assigned claim construction to the trial judge, it did not expressly state whether factual findings subsumed in that issue are subject to de novo review (as normally would be the case for legal rulings) or to review for «clear error» (as normally would apply to judicial fact findings).

The Recommendations section of the Report attempts to engage courts, bar associations and others to take action to address the dire factual findings.

Although the case turned mainly on the correct legal principles to apply the judge made three important factual findings as follows:

The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings.

2012), the South Carolina Court of Appeals reversed and remanded the family court's custody modification because the family court made inadequate factual findings to justify a substantial change of circumstances.

WRT the allegations of coerced Gazan testimony, it should be noted that some of the report's factual finding include corroboration by detailed UN satellite images.

They noted that the question was «inextricably intertwined with the Tribunal's mandate and expertise to make factual findings relating to discrimination.»

Although the decision does not directly address AIA trials, the procedural differences between inter partes review proceedings and federal court litigation may impact the preclusive effect of PTAB factual findings.

This should come as welcome news for workplace investigators in New York, who typically provide factual findings, or findings on whether the employer's policy was violated, but do not typically render «legal advice» as that term is commonly understood, for example, advising the employer on legal steps to take based on the investigation.

2012), the Court of Appeals reversed and remanded a family court custody order due to insufficient factual findings.

The only factual finding made by the family court is that «these sales were made in contemplation of marital litigation.»

«My overall reaction is the appeal decision speaks at length to the importance or the significance of a really large and strong set of factual findings from the trial judge, and that those are carefully reviewed and affirmed on this appeal decision,» says Michael Statham, managing partner at WeirFoulds LLP and counsel for Trillium.

Drafting a final order that contains sufficient factual findings to justify the result is a craft that attorneys need to master.

She also argued that the trial judge made unreasonable factual findings due to his failure to inquire into the existence of battered wife syndrome and her psychiatric issues.

Thus, unless a subsequent opinion reverses this one, there is a binding factual finding that this child was abused but, apparently, the perpetrator will remain unknown.

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.

Still, the court made several factual findings that precluded a decision to set the marriage contract aside entirely, including the observation that even with full disclosure as to assets and incomes, the wife's spousal support entitlement would not have changed (since the contract itself did not refer to the business, commercial building, property value, income, or the value of his various companies).

The court detailed its extensive factual findings in a 500 - page opinion.

In this case, the trial judge's key factual findings, which flowed from his evaluation of the trial evidence, are adverse to Mr. Chevalier.

The trial judge made certain factual findings about the City's maintenance standards such as the requirement for salting or sanding at least every two hours during the course of a storm followed by plowing in order to remove the snow and salt brine (the combination of applied salt with melting snow that falls on top referred to as a «brine sandwich»).

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.

On the motion judge's uncontested factual findings, the Superintendent met this onus.

The appeal court hearing a trial de novo will make its own factual findings, and then interpret the law and apply it to those facts.