Sentences with phrase «factual findings of»

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 lamentablOf course those formed in the theological vision behind the National Project may well not think the above findings of factual ignorance are particularly lamentablof 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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