The classic in the field is History of Religions, by George Foote Moore, a scholarly introduction done some fifty years ago and still useful
for factual material.
Not exact matches
This
material has been prepared
for informational purposes only, based on publicly available
factual information.
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.
Currently companies produce
materials for families and health professionals that is not «scientific and
factual» as required by law.
The redactions — rendered in the released files as white blanks — make the
material hard to follow at times: A section titled «The
Factual Basis
for the Conclusions» is thereafter blank
for 47 pages.
The source
material is a novel by David Ebershoff, which plunks The Danish Girl somewhere midway between a loosely
factual historical drama and a literary adaptation; besides lopping a few decades off the story, it presents Gerda Wegener as strictly straight, whereas her historical counterpart is best remembered
for her lesbian erotica, full of pale young women with speck noses, tiny feet, and chicken - leg thighs.
If the
material is at times excessively thick with
factual detail, it is marvelously thin on ideological moralizing and full of practical suggestions
for improving the law.
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.
Advantages
Factual material is presented in a direct, logical manner May provide experiences that inspire - useful
for large groups Most efficient way to convey teacher spoken information
For example, scenarios reinforce concepts by applying the
material presented in real - world situations., while posing questions and providing guidance to learners as to how to research the answer rather than simply giving them
factual information in the form of lecture content or quiz question feedback is another open inquiry technique.
Information books are defined as those written and illustrated to present, organize, and interpret documentable,
factual material for children.
(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a
material fact, in connection with an application
for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform
for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a
factual basis
for believing and obtaining a written statement
for each entry from the person stating that that person believes that the entry contains a
material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely
for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying
for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).
From the guidelines; Approval of the Summary
for Policymakers at the Session of the Working Group, signifies that it is consistent with the
factual material contained in the full scientific, technical and socioeconomic assessment or Special Report accepted by the Working Group.
Exceptionally, however, courts have accepted that a plaintiff may be able to recover on the basis of «
material contribution to risk of injury», without showing
factual «but
for» causation.
stated that it «must ascertain whether the domestic courts conducted an in - depth examination of the entire family situation and of a whole series of factors, in particular of a
factual, emotional, psychological,
material and medical nature, and made a balanced and reasonable assessment of the respective interests of each person, with constant concern
for determining what the best solution would be
for the
Ntrepid Timestream is a budding resource
for organizing
factual material electronically at an affordable price ($ 995
for a single - user one year license).
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.
Also, in B.C., since Resurfice some appellate judges seem to have expressed the view (not in dissenting reasons) that the Athey
material contribution test was never a separate test
for proof of
factual causation in negligence but merely a causal «yardstick» explaining when the but -
for test applies.
As you will see from the balance of the trial judge's discussion of causation law, it seems that the trial judge thought that Resurfice
material contribution is merely a restatement of Athey
material contribution, therefore a test
for factual causation.
The Ontario Court of Appeal held in Frazer v. Haukioja: «
Factual causation can be established in two ways: the «but
for» test and the «
material contribution'test.
The result of that,
for all practical purposes — it took about a year — was that an «Ivory Snow pure» number of trial judges stopped formally using Athey
material contribution to decide whether
factual causation was established on the balance of probability.
However, citing the Ontario Court of Appeal's affirming ruling in this Healey, Annis J. held that this case was well suited
for summary judgment because there was little in dispute of a
factual nature as it was largely based on
materials taken from various blogs.
While the example above clearly has significant
factual issues, either party in a negligence lawsuit can bring a motion
for summary judgment if there are no issues of
material fact or where it is clear that the other party can not prove one of the elements of negligence.
Ultimately, the Third Circuit held there was a
material question as to whether the estate relied on the advice of counsel in not paying the tax due and remanded the case
for that
factual determination.
[36] Some have suggested that «but
for» proof must be logically or conceptually impossible before
material contribution to risk is available... Clearly the impossibility in those examples was related to difficulties with
factual proof, not to logical problems inherent in the peculiarities of the case.
As I've said to others, were I a trial judge who sat on civil trials before Resurfice, I'd not know whether to be bemused or astounded at the suggested that the version of
material contribution I applied then — which would have been the Athey version — was NOT a test
for proof of
factual causation on the balance of probability.
If we accept that Athey
material contribution to injury is dead, and was probably a suspect concept to begin with, then «
factual causation» = «but
for necessary cause of injury».
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?
Whatever else Clements means, it unquestionably holds that the but -
for test is a test based on «necessity», not merely «substantial connection» beyond de minimus, and that «
material contribution» is not a reference to some method of establishing
factual causation on the balance of probability.
Whatever Athey
material contribution meant before Resurfice (2007) and before Clements, it was (then) understood as an alternative method
for establishing
factual causation on the balance of probability.
in reasons written by McLachlin CJ seemingly rejected, killed, and buried the Athey meaning of
material contribution or materially contributed as a test
for proof of
factual causation on the balance of probability.
For now, Resurfice material contribution applies only in the situations described by Clements in para. 39, where the Court provided an explanation of the meaning of Resurfice «s «impossible to establish factual causation on the balance of probability using the but - for test.&raq
For now, Resurfice
material contribution applies only in the situations described by Clements in para. 39, where the Court provided an explanation of the meaning of Resurfice «s «impossible to establish
factual causation on the balance of probability using the but -
for test.&raq
for test.»
As written, Athey's
material contribution test is a separate test
for the existence of
factual causation.
Resurfice seemingly declared an entirely different meaning
for material contribution or materially contributed which eliminated the need, under that that test, to prove
factual causation on the balance of probability and, in so doing, removed the concept of «
material contribution» or «materially contributes» from the but -
for lexicon.
And if it's not about
factual causation, then it couldn't have been intended as a replacement
for Athey
material contribution which (whatever it meant) was, seemingly, about
factual causation, right?
It was part of the definition of «contributed»
for the alternative test
for factual causation (whatever it meant) that eventually came to be called the Athey
material contribution test:
I'm trying to gather anecdotal information as to whether the SCC decision in Resurfice v Hanke, 2007 SCC 7 and the «
material contribution» doctrine mentioned in the case are helping plaintiffs get before - trial settlements — by using the Resurfice «
material contribution» notion to get them past difficulties in proving
factual causation using the «but -
for» test — which are settlements that they might not have been able to get before Resurfice.
The SCC was, and is, correct in stating that if the ABCA's view was correct, the Athey
material contribution test, as the ABCA understood it, had become the default test
for proof of
factual causation on the balance of probability in negligence actions.
It necessarily follows, although the the Supreme Court did not explicitly say this so, that Athey
material contribution, whatever it meant before 2007 as a method
for establishing
factual causation on the balance of probability, is as dead as the proverbial Monty Python Norweigian blue parrot.
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.
While the SCC rejected the details of the Clements analysis of Resurfice
material contribution, the SCC seems to have accepted the BCCA explanation that Resurfice
material contribution is not a test
for factual causation but a policy — based approach that, in certain circumstances, will permit the courts to hold the caausation requirements of the cause of action have been satisfied notwithsanding that
factual causation has not been established on the balance of probability.
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.
The court held that such protection is available
for publications which include compilations of
factual materials.