Sentences with phrase «factual records of»

Overall, the lesson these cases provide is that, at least in contested sentencing matters, the Crown is moving towards a practice of placing extensive factual records of all potentially aggravating factors before the courts.

In contested sentencing hearings (where the Crown and defence make separate submissions and arguments before the court), the Crown is moving towards a practice of placing extensive factual records of all potentially aggravating factors before the courts.

In our common understanding of history, we mean the factual record of the past, based upon reliable contemporary evidence or documents.

A consumer credit report is a document that contains a factual record of an individual's credit payment history.

Not exact matches

It would nonetheless be all but impossible to provide full and complete responses to the remaining questions set forth in your letter given the important factual nuances, or to speculate as to the rights and remedies of any Person under the Rights Agreement in the absence of a fully developed factual record.

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?

There are many prophecies in thousands of religions that have regional and local fulfillment's throughout the thousands of years of recorded human history, however all of them rely solely on self fulfillment and none have any factual evidence to support any supernatural claims.

«The creation record is factual, historical, and persp -LSB--RSB- icuous; thus all theories of origins or development that involve evolution in any form are false.»

Yes, I think it is... exactly how accurate, can not, will not, hazard a guess, but the recordings of our human history annotated in the Bible have to have some factual basis... I can not imagine it is all fiction.

I suppose if we could revisit ourselves in a thousand years, look at the historical recordings of ourselves, we will see there are factual basis, but sprinkled with human interpretation of our present time now by those who have appointed themselves as the keepers of what we do, just as the recordings of the Bible were done by those appointees trying to capture there presnt now... yet sprinkled with their best interpretation of what they new then.

@scieng1, «There is no reason to assume that any of them, other than those accepted by the early church (recorded in the Bible) were factual...» And what reason is there to assume that «those accepted by the early church» were factual either?

There is no reason to assume that any of them, other than those accepted by the early church (recorded in the Bible) were factual, or written by those close to Jesus.

The Log Cabin Republicans» reply brief Friday said that the Justices» review of that case was opposed by the other challengers based on the argument that the Court should await the development of a full factual record at a trial on the policy's constitutionality.

The real record of NPP's mismanagement of the economy does not appear in the Bloomberg story (as it was meant to be propaganda, not factual reporting).

I read the Slate article, and I think it must have set some kind of record for the number of factual errors per column inch of any nutrition article written for the general public.

As a portrait of modern journalism, though, it leaves quite a lot to be desired; this is the kind of film that has characters trade grandiose talking points about the ethics of reporting, but can't be bothered to show its reporter hero — still recovering from the damage factual inaccuracies did to his career — using a recording device during interviews.

The «factual record» of Boston's school superintendent, Robert R. Spillane, apparently was not enough to satisfy the two black members of the city's five - member school committee, who have raised questions about Mr. Spillane's racial «sensitivity» and his suitability for continuing in the job.

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.

Like all applications, R programs explicitly record the actions of analysis and make it easy to reproduce and update report, which means it can quickly try many ideas and factual issues.

Artistic yet factual, these works scientifically records parts of the world and brings them in front of the viewers, the majority of which, for a variety of reasons including isolation, apathy and mistreatment of nature, will never actually see.

Robert Bechtle has been a seminal force in the development of the Photo Realist approach to representational painting, one which presents a relentlessly factual depiction of a subject that has been first photographically recorded, then painstakingly translated into paint on canvas.

With their corresponding diaries, they represent two sections of the installation, Mina's factual and pragmatic account and her husband's contrasting record evoking a generosity of spirit and a sense of romanticism.

For another, much as I respect the National Academy, and the various members of the panel that did that assessment, it was in the end their informed opinion being expressed, and there are actually quite a few factual errors in that report (indeed, Steve McIntyre and I had a rare moment of agreement on this, regarding what they said about ice core records in Antarctica).

«This is a part of building the factual record,» said Invenergy's Dan Litchfield.

His talk, which was recorded and has been posted to the TEDx YouTube page, addressed the idea of climate scientists as «planetary physicians» who can provide the public with factual information and useful advice about human - caused climate change.

We will build a full factual record for trial so that the Court can make the best informed decision in this crucial constitutional case,» said Julia Olson, executive director of Our Children's Trust and co-lead counsel for the youth plaintiffs, in a statement.

In doing so, however, the IPCC will have created an unambiguous written record of not doing its job — reporting on the peer - reviewed literature and incorporating FACTUAL information from reviewers.

But no other North American daily newspaper can come close to the Canadian contrarian newspaper of record for intellectual dishonesty, factual distortion and sheer volume of misinformation.

Given that, I don't see how Judge Roberts could meaningfully answer that particular question based on the lack of a solid factual record.»

This allows parties to file affidavit evidence, and can force a full factual record before the court to make an informed analysis of the merits of a claim.

It does so by providing factual data from millions of litigation records about the behavior and performance of law firms and individual lawyers — including data points like win rates, cases with resolutions, time to injunction, etc., in specific areas of law.

As a more practical point, the Court clearly placed reliance on the factual evidence provided by both parties, including the contemporaneous recordings of telephone conversations between Barclays and Thornbridge, and the oral evidence given in Court.

If a tribunal has turned its mind to the right question and there is any evidence on the record upon which a tribunal could properly have reached a factual conclusion, then there has been no reviewable error of law or jurisdiction.

When Justice Smith evaluated the threats posed by doctor - assisted suicide to persons with disabilities, she did so on the basis of a factual record composed mainly of evidence submitted by the Applicants.

For all of the above reasons, CACL, jointly with CCD, have taken the unusual step of bringing a motion to intervene on the leave application, to ensure that this Court has full insight into the deficient and unbalanced factual record, and the resulting impact on persons with intellectual disabilities, in assessing whether to grant leave to appeal in this case.

In the context of «social and legislative facts» — meaning facts about society at large — opinion evidence becomes all the more menacing, because it is all but impossible to cross-examine the expert against a clear factual record.

Although the Court did not rule on the factual issues in dispute involving «reasonable excuse» and «prejudice» and could not do so in the absence of a full evidentiary record, there was commentary with respect to the concepts of «reasonable excuse» and «prejudice.»

[15] In this regard, I consider this kind of factual evidence to be analogous to those matters described by Madam Justice Garson as being «more in the nature of observations» as opposed to inferences having complex interpretive or diagnostic components when she described how their inclusion in records sought to be admitted as business records did not offend Rule 40A in Egli v. Egli, 2003 BCSC 1716 at para. 25 which was relied on by the defendant in submissions.

The Court of Appeal held that the trial judge's factual findings in support of this conclusion were amply supported on the record, and dismissed Livent's cross-appeal.

Since the majority frames the issue as a dispute over the interpretation of a contract, and the factual matrix surrounding the making of the settlement contract was not materially in dispute, it is possible to conclude the record before the Chambers Judge was not deficient:

He dislikes limits on his discretion and likes factual research outside the record, so he criticizes legal academics for their tendency to propose the first, and slams an article questioning his use, in a couple of opinions, of photographs of his law clerks dressed up in protective gear.

Factual investigation: contacting witnesses, public record searches, in - depth interview of client.

Developing the factual record and pleadings, researching and writing legal memoranda, amicus curiae and case briefs on transnational and international and regional human rights law and claims for use in national and / or international and regional fora, including the European Court of Human Rights.

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.»

«The subject matter of the complaint being serious and complex, I agree that it should not be determined in a summary fashion and in the absence of the factual record necessary to fully appreciate the matters in issue»: at 5.

He went on to proclaim that adherence to the trial record was not a ««fetish»» but rather a central foundation for «the proper role of an appellate court,» and that extrarecord factual research by appellate judges «will cause problems in our judicial system more serious than those it is trying to solve in this case.»

(3) A judge may consult with court staff and court officials whose functions are to aid the judge in carrying out the judge's adjudicative responsibilities, or with other judges, provided the judge makes reasonable efforts to avoid receiving factual information that is not part of the record, and does not abrogate the responsibility personally to decide the matter.

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.

The air of reality test requires trial judges, taking the proposed evidence at its greatest strength, to determine whether the record would contain (by quotation) «a sufficient factual foundation for a properly instructed jury to give effect to the defence».

The reasons for judgment in this case leave no doubt that the trial judge knew this record, appreciated the contentious factual issues, and understood the positions of the parties and the evidence they relied on.»