Sentences with phrase «factual findings relating»

Not exact matches

In this case, Justice Blair observed that underlying the proposed class action was an «almost entirely foreign - related factual matrix» and he found that Justice Perell's determination that he should exercise judicial restraint and decline jurisdiction was both well - founded and entitled to deference.

The narrowest reading of Blakely suggests that judges may make all sorts of findings and judgments at sentencing except juries must make findings of historical fact relating to offense conduct when those factual findings formally increase the upper limit of legally available sentences.

With respect to (2), the appellant's arguments related exclusively to factual findings.

Upon its detailed review of factual record, the court found that Coalson's punitive damages award were «reasonably related to her actual damages and to the degree of necessary punishment, which in this case is great.»

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.

«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.