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.
Taylor v. Charter Medical Corp., 162 F. 3d 827 (C.A. 5 (Tex.), 1998) even though a court may take judicial notice of a «document filed in another court... to establish the fact of such litigation and related filings,» 12 a court can not take judicial notice of
the factual findings of another court.
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?
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.
Similarly, a United States District Court found that a party's argument that the arbitral tribunal had impermissibly acted as amiable compositeur was «a not especially elegant masque that [sought] to conceal the fatal weakness» of that party's case on the merits, noting that the court was «forbidden under the Convention to reconsider
factual findings of the arbitral panel.»
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.»
Basically if you do not agree with
the factual finding of a judge, i.e. what you did or did not do wrong, the BC Court of Appeal will not interfere with the trial judge and will uphold his or her judgement unless he / she clearly got the facts wrong — and to a degree that the entire judgment would fall because of that error.
So, in the future, before I move on because I've «made my point,» I will be asking the judges, «Can I assume that this court will be making
a factual finding of... [whatever point I believe I have just made]?»
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»).
It's as easy as opening up the webpage with"genius.com» in front
of the URL,
finding a
factual error, annotating it, and tweeting it out.
Uber executive William Barnes contested Commissioner Avakian's
findings, arguing that it was «on an erroneous and incomplete picture
of how drivers use the Uber application in Oregon and as such, is filled with
factual errors and assertions that are simply wrong.»]
«It's not that there's been one or two cases where people
found mistakes in proxy reports, it seems that almost every issuer who wrote in had a specific experience where they believed
factual errors have been made in their proxy reports which then leads to all sorts
of problems,» says Tuzyk, who has had clients who have experienced this problem.
I
find it fascinating that everyone is fixated on the «3rd world country» term and nobody seems have any objection to the rest
of that statement... that is other than to say that I am delusional... no hard,
factual arguments against it.
If it is the perfect word
of god, it has some
factual points about the world right at the start that conflict with scientific
findings.
That is, go and
find an actual and
factual group
of people with that label.
I don't know that there are no gods anywhere in the universe, however I do not
find any
of the claims
of gods here on Earth compelling enough to accept as
factual.
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?
Actual, as in physical, verifiable, objective, independent,
factual, not hearsay or a bunch
of mumbo jumbo
found in a book
of fiction.
Creationism starts with the conclusion and, unable to
find any evidence to support it, makes sh it up or simply refuses to address the absence
of factual support.
To begin with, this language suggests considerably more «data» than are actually to be
found in the rather meagre
factual detail
of the sermons in Acts, not to speak
of the almost complete absence
of such detail in kerygmatic texts outside Acts.
We do
find in current discussion various positive statements as to the historical reliability
of factual material in the Gospels, not only on the part
of writers from whom such might be anticipated, but also from among the Bultmannian group itself.
Of course those formed in the theological vision behind the National Project may well not think the above findings of factual ignorance are particularly lamentabl
Of course those formed in the theological vision behind the National Project may well not think the above
findings of factual ignorance are particularly lamentabl
of factual ignorance are particularly lamentable.
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.
How you
find my objective view
of factual changes in health plans has anything to do with the bible is beyond me.
It
found that although the media tried to give a balanced and
factual account
of the events
of the summer
of l967, they tended overall to exaggerate «both good and bad events.»
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.
These parents are trying their best to
find and share useful,
factual information about raising multiples on this site, but since that information is a bit limited, parts
of the site remain a work in progress.
«If DFS's
factual findings are correct, Bonomo violated the express provisions
of his non-prosecution agreement with the government by concealing his past crimes against PRI and, in all likelihood, continuing to commit serious crimes even after he signed that agreement,» the Skeloses» attorneys wrote in their memorandum.
They're not surprising
findings, but the National Science Board, which oversees the National Science Foundation (NSF), says it chose to leave the section out
of the 2010 edition
of the biennial Science and Engineering Indicators because the survey questions used to measure knowledge
of the two topics force respondents to choose between
factual knowledge and religious beliefs.
Professor Sergio Della Sala from the University
of Edinburgh's Department
of Psychology, said: «These
findings offer a useful example
of how
factual information is misremembered over time.
To achieve this, effective and informative webpages must be combined with social media, to ensure the public can
find clear and
factual information about the role
of animals in research.
I'll always try to back up my
findings with
factual and scientific evidence, but please remember that I'm just a home cook like all
of you.
That's why it wasn't particularly responsible
of Seventeen magazine to publish... The facts and statistics provided below are selections from studies and provide
factual information based on the research team's
findings.
Perhaps serious Tolstoy fans might
find factual errors in the film, but otherwise let this film sweep you away on a romantic, political, morally chequered journey through the final days
of Leo Tolstoy.
The original narration at the beginning
of Tobe Hooper's film points to the film being a
factual account «
of the tragedy that befell a group
of five youths...» Twenty - five years later, The Blair Witch Project went further by claiming that the low - quality video to be actual
found footage.
The onscreen typed summary is a perfectly deployed example
of how something can be factually correct (meeting with a «Negro militant» is, literally, what Coretta King is doing) without being true; the movie, by contrast,
finds many ways
of being true without being strictly
factual.
With goal to
find the truths and the lies around the issue, this article provides a description and an analysis
of important
factual information regarding the practices
of FGM and its -LSB-...]
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.
Might influential public figures, research
findings, or
factual knowledge lead at least some portions
of the American public to update its thinking?
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.
Also, our
findings are based on student performance on the TIMSS math and science exams, which are designed to measure mastery
of factual knowledge
of the curricula that schools expect students to learn.
BTW, I don't approve
of most edits on meta sites because I very rarely
find questions on meta sites which deal purely in
factual matters, so my answers are generally just my personal feelings on the matter.
The decision on an appeal from an agency's final action is based on a de novo review (question
of law), except that the review
of the
factual findings in a decision by an AJ is based on a substantial evidence standard
of review (29 CFR 1614.405 a).
Find as much
of factual information taken from the authoritative sources as it is only possible.
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.
Even though there's a wealth
of pet health advice available online, it can be difficult to
find information that is current and
factual.
The Foundation Board
finds that there is little
factual information relevant to English Springer Spaniels in the University
of Pennsylvania paper.
These rumors ranged from the unlikely to
factual as we have
found out after this weeks bombshell
of information.
Judd's writing style, Smithson continues, «has much in common with the terse
factual descriptions one
finds in his collection
of geology books.»
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