Sentences with phrase «factual findings for»

Not exact matches

He calls it «the philosophy of Scientific Positivism» (M & M) and says that it stands for «the government of life by the principles and factual findings of the human mind.»

Or are we, partly by the paucity of our records, whose composition has been so largely shaped by factors quite other than a modern demand for historical, factual accuracy, partly by the demands of a theology that would emphasize divine acceptance above divine judgement, compelled to say that all we find here is the most sublime presentation in time of the eternal readiness of God to receive to himself the truly penitent?

Conservatives and evangelical fundamentalists turned the text into source material for propositions and developed highly artificial harmonizations of conflicting factual statements that created internal «solutions» not found in scripture at all.

Factual, up to date information can be found for free on the web and in the library.

First Steps Nutrition Trust has produced a report called Scientific and Factual that digs into the references that companies use in footnotes for their claims and found them to be of little scientific value.

The researchers also asked nine factual questions about genome editing and found sharp differences in support for both treatment and enhancement based on knowledge.

CAMBRIDGE, MA — A new analysis of two recent reports, one by a committee of the National Academy of Science's National Research Council (NRC), the other by Alan Ginsburg, a former director of Policy and Program Studies in the U. S. Department of Education, finds that both reports made factual and analytical errors in their examination of the record of Michelle Rhee as Chancellor of Schools for the District of Columbia from 2007 - 2010.

The students are also more focused, more diligent in finding factual information, and more energized about the material being studied when they know that they are going to use the green screen for their presentations.

Revision flashcards to be printed double sided, covering key concepts of CB4 for edexcel combined science (9 - 1) Pupils find these handy as a quick reference / revision tool to aid their memory recall of key factual concepts of CB4.

We have been comparing Mr. Duncan's rhetoric with reality for several years, and finding significant factual errors and misstatements.

Again, absolute rubbish, this totally depends upon the context in which this is being used, for example, finding out factual information on a new car you're purchasing would be fine, but would you want your dentist using Wikipedia to brief themselves before your next root canal surgery!

Veterinary information, positive training styles for dogs, encyclopedic factual information, pet care and practical animal adoption tips are just some of the topics you can find here.

I thought it would have been a great opportunity for resident scientists and other Guest scientists to closely review KAs claims / ideas / methodology against complex scientific papers and test how close his assertions were and how well founded his ideas met with factual observations and know - how.

Is this yet another Warmist fantasy, or is it code for admitting you can't actually find factual fault with anything I wrote?

And if you believe, as do many conservatives, that government intervention in markets and in social arrangements should be kept to a minimum, you can find factual support for your views in the long - term unpredictability of regional climate behavior, the significant economic and social costs associated with shifting to more expensive energy sources, and the historical failure of government efforts to steer large - scale social and economic change.

While agencies (EPA) have fairly broad discretion in making specific factual determinations, the factual findings can (and usually will) be remanded for further proceedings if the agency failed to follow its own guidelines and procedures to ascertain basic facts.

GMW: ``... remarkable achievements speak for themselves...» and finding straightforward, relevant, factual statements «particularly galling».

His decision found that the complaint presented «legal and factual issues not appropriate for resolution at this motion to dismiss stage.»

Dahlia Lithwick finds parallels to Guantanamo, «as a noble effort suddenly got mired down in tricky factual disputes, cultural and religious clashes, and the practical necessity of warehousing hundreds of human beings for an indefinite period of time.»

The judge's refusal to dismiss the claims of trademark dilution was based on his finding that the complaint presents «legal and factual issues not appropriate for resolution at this motion to dismiss stage.»

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

In the factual vacuum of their offices, the committee members had prepared guidelines for what they thought a judge needed to do without every talking to a judge to find out what judges really did.

This factual difference from earlier cases where social engineering was used to deceive an authorized user to make a mistaken but authorized transfer was sufficient for the Medidata court to find coverage.

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).

If the district court decision relies on factual underpinnings, however, such as evidence concerning the «background science or the meaning of a term in the relevant art during the relevant time period -LSB-,]» it should make specific factual findings and those findings are subject to review for clear error:

In both cases, the court had earlier directed a fact finding hearing, to be heard by the President in June, presumably to establish the factual basis for any decision as to the s 31 threshold criteria.

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.

And, it's at least plausible that some judges of the Supreme Court of Canada (even some in Ontario and elsewhere) might find the suggestion that Athey material contribution was never a separate test for proof of factual causation just a wee bit controversial.

Amongst other reasons for that result was the realization that, in some cases, juries (and arguably even judges in non jury trials) were using a «substantial factor» analysis to find that negligence which was a but - for cause (whatever but - for means) was not a factual cause.

Some people, perhaps even some judges, at least those outside of British Columbia, might now find the suggestion that «materially contributed» contributed under Athey is sufficient for proof of factual causation under the balance of probability, if that's what the trial judge meant, controversial.

His factual conclusions are, for the most part, inconsistent with the findings of fact made by the Court.

«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.

In this instance, the Court found that the motion judge committed an error of principle making it inappropriate for the Court to rely on his factual findings of the Appellants» knowledge of their third party claims as dispositive of the appeal.

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.

United States First Circuit, 10/11/2010 US v. Brown Defendant's conviction for possession of cocaine base with intent to distribute is affirmed where: 1) although the district court's factual findings and the inferences made from those findings, which formed the basis of its conclusion that reasonable suspicion existed to stop a car, are not compelled by the record or by the facts, both are nonetheless reasonable and therefore pass constitutional muster; 2) the affirmance of the district court's finding that the officers had reasonable suspicion to stop the car forecloses the need to address defendant's challenge to the district court's alternate conclusion that the car was not seized when the officers first approached; and 3) there was no abuse of discretion in the district court's denial of defendant's motion to suppress evidence without an evidentiary hearing.

However, at trial, the appellant provided an «insufficient factual underpinning» to ground compensation for loss of earning capacity; the Court of Appeal found this part of the claim failed because the judge found the appellant did not meet the burden described in the Perren decision — the trial judge simply did not accept the appellant's evidence of his limitations and anecdotal evidence from other witnesses did not shore up his testimony.

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?

The application judge found that the potential for domination and undue influence was completely rebutted based on the factual findings.

Such courts make factual findings that have reputational implications for those who have died, but the dead are not parties to a case.

It relies on these incorrect facts about PRISM to reach its conclusion, removing the factual basis for its overall findings.

She found there was no systemic racism with the university's procedures for academic fraud and concluded that Gervais» findings were not factual.

He had found the plaintiff had established factual causation applying the but - for test.

There is now a limited category of case in which Canadian common law doctrine holds that a finding of fact that there is a possibility of factual causation is sufficient for that aspect of the causation requirement.

We also haven't seen any cases where a judge said that he or she, before Resurfice, would have found the factual causation issue in favour of the plaintiff using Athey material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the facts, must find the plaintiff failed to establish factual causation on the balance of probability.

However, the master's findings on these issues disposed of the factual underpinnings of the appellant's claim for set - off and counterclaim.

You'll find, at the link, the PDF version of the (revised version) of the PowerPoint slides I used, last month, as part of a lecture titled «A Plea For Coherence: Making Sense of Factual Cause» I gave in Vancouver on May 5, 2017 at UBC's law school.

The trial judge noted the distinction between the «but for» test for factual causation and the «material contribution to the risk of injury» test, but ultimately found this case not to be the exceptional one in which the material contribution test to determine cause - in - fact should be used.

In this case, the motion judges» three factual findings of: (i) the need for the father to pursue lengthy custody and access litigation in order to have any relationship with his children; (ii) the mother's failure to pay anything toward the costs ordered by the Court of Appeal; and (iii) the fact that the mother thwarted the enforcement of the costs award by reneging on assurances she made to the court about her intent to pay the costs and not use bankruptcy to thwart that payment, ground the finding of prejudice.

Recruiters are paid to find candidates who meet certain factual criteria; for example, they may need someone with 10 years of industry experience, or someone with a history of working in companies over a certain size, or leading teams of 100 +.

«Although appellant argues that this case presents an issue of first impression because the family court relied on «parental alienation syndrome» as a factual basis for assuming jurisdiction, we believe that petitioner properly responds that the family court's factual findings are amply supported by the record and that the term «parental alienation syndrome» is merely a way of describing appellant's actions as they related to the circumstances of this case.