Sentences with phrase «in factual reason»

Not exact matches

«The Commission has manifestly breached its duty to provide a clear and unequivocal statement of reasons in its decision, in relying simultaneously on grossly divergent factual scenarios, in contradicting itself as to the source of the rule that Ireland is said to have breached, and in suggesting that Ireland granted aid in relation to profits taxable in other jurisdictions,» the statement said.

Any communication that is primarily factual should be communicated in writing for two important reasons:

Reason, evidence, scientific method — A commitment to the use of critical reason, factual evidence and scientific method of inquiry in seeking solutions to human problems and answers to important human quesReason, evidence, scientific method — A commitment to the use of critical reason, factual evidence and scientific method of inquiry in seeking solutions to human problems and answers to important human quesreason, factual evidence and scientific method of inquiry in seeking solutions to human problems and answers to important human questions.

Therefore it stands to reason that what most often gets selected out for notice in consciousness is the factual structures that serve those interests.

Anyone else think thefinisher is finished, as in, his head has exploded from reading too many factual reasons why his beliefs are crap, and realizing that things The Babble promises simply are not true?

But the creeds themselves are not part of the characteristic structure of the church; they are but ways in which the faith is stated, in language appropriate to the time when they were promulgated, and there is no reason why they may not be revised to state this faith in more understandable terms and with greater factual accuracy — but it is the faith, not the creeds, which is important.

Apologetics, in its attempt to defend the factual claims of the Bible through the use of reason, thus implicitly affirms the very philosophical outlook that undermines its own project, placing the truth of Christianity in the realm of rational reflection and thus into the realm of reasonable doubt and provisionality.»

@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.

For the sole reason that as yet — to each their own — the benefits of factual evidence surpasses in my frame of mind NOT to accept your justification for needing one.

among all that well written and in many area's factual statement was the mention of FFP??? would this be the FFP that both Wenger and the board at large were touting as the great «leveler» that would eventually break the financial Leviathans and eqal us all up in the race for PL glory??? This would be the same FFP that was the supposed reason why foreign investment was shyed away from and why we were not spending big in any of the transfer windows?

Gary, it is just not factual that the reason they were drilling in deep water is because they were regulated out of the «shallow» water.

There are no specific reasons accumulated in surveys, but this is a factual state of mind of superior authorities.

I am totally onboard for many reasons of eating a WFPBD (whole foods plant based diet) but in the context of a forum like this the discussion becomes almost religious, and religious has NEVER settled any factual or scientific issue.

They should notice that evaluating relevance and accuracy involves considering the quality of the content itself in relation to what's important to their purpose and whether the author's claims are supported with evidence - based factual reasoning.

You can read in detail, with real data, how this works in Part 4 of my book, «Learning Matters», together with the reason for the factual link between postcode affluence and mean cognitive abiliy (that heads have always understood).

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.

As the neuroscientist Antonio D'Amasio made clear in 1994 in «Descartes Error, Emotion, Reason, and The Human Brain» (review by Daniel Dennett here), the «thinking» cognitive cortex needs input from the limbic «feeling» parts of the brain to make sense of any factual information.

Describing him in her speech as «one of the leading sources of reasoned and factual information in Australia on global warming and climate change» she didn't mention that Professor Plimer has never published a single peer - reviewed paper on human - caused climate change.

Your failure to point out the numerous factual mistakes of your commenters is one of the reasons that your name has become an epithet in the climate science community.

Would it not be best then to encourage the fullest possible information of individual players in the economy by the best possible factual and scientific education, with a sound grounding in logic and reasoning, mathematics and technology?

The pro-disclosure side requires that the sound line of reasoning and factual basis be in the patent, whatever the nature of the invention.

rolled through the U.S. legal community when Harvard Law Professor Richard J. Lazarus published his study — and Adam Liptak reported it in The New York Times — revealing that the Supreme Court sometimes quietly revises its opinions years after they were issued, sometimes in ways that result in «truly substantive changes in factual statements and legal reasoning.»

In ruling that the trial judge's denial of the class was erroneous, the SJC reasoned,» [T] he essential factual questions of liability in this case — Did a contract or agreement exisIn ruling that the trial judge's denial of the class was erroneous, the SJC reasoned,» [T] he essential factual questions of liability in this case — Did a contract or agreement exisin this case — Did a contract or agreement exist?

The first issue clarified by the Court is whether the decision to extend the period of detention should follow the same requirements as the initial decision to place an irregular migrant in detention (Article 15 (2) Returns Directive), meaning that the decision should be in writing and stating the factual and legal reasons.

It demands close attention to factual details that matter; a winnowing out of details that don't matter; a reliance on concrete facts coupled with a disavowal of breezy generalizations and characterizations; a building up of facts into step - by - step arguments from which conclusions naturally follow; the marshaling of reasons that will earn the respect even of an opposing audience; a dialectical approach in which countervailing facts and counterarguments are carefully disarmed; a defense not of the first positions you might take, but of the best ones; and, at least in your early development as a legal writer, a stripped - down style that contains not a whiff of ornate embellishment.

But the 4th U.S. Circuit Court of Appeals at Richmond, Virginia, held that the hearing was prohibited by the Antiterrorism and Effective Death Penalty Act, which provides that if a federal habeas petitioner has «failed to develop the factual basis of a claim in state court proceedings,» a federal habeas court «shall not hold an evidentiary hearing on the claim» regardless of the reasons for this failure.

There's at least a half - dozen, maybe more, cases released since March 2007 in which the lawyers have argued about factual causation, and the judges have written reasons dealing with factual causation issues, not mentioning the SCC's decision in Resurfice v Hanke 2007 SCC 7 and clearly argued and decided based on the case law predating Resurfice.

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.

Amongst other reasons for that result was the realization that, in some cases, juries (and arguably even judges in non jury trials) were using a «substantial factor» analysis to find that negligence which was a but - for cause (whatever but - for means) was not a factual cause.

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.

In addition, the Court of Appeal found no reason to interfere with Justice Newbould's decision on the basis that he misapplied the law on the application of evidence dealing with the factual matrix or the surrounding circumstances of the MRDA.

There is, in my respectful view, no error in the judge's reasoning or the factual conclusions he made.»

[46] It is important to note that the determination as to whether public policy should intervene to render the exclusion clauses unenforceable should take place after the factual record is established, at which time the trial judge will be in a position to carefully examine whether there are public policy reasons to decline to enforce the liability exclusion clauses: Tercon, para. 119.

Because legal problems arise in particular factual contexts, reasoning about the meaning of a legal rule often requires more than the mechanical application of the general words in the text.3 Likewise, when an attorney reasons by analogy, she considers the precise nature of the particular legal problem and context and does not simply compare the surface details of her client's case with a precedent.4

Similarly, in the subject decision, the Court of Appeal set out that when reviewing a decision for reasonableness, a court must consider «the reasons proffered and the substantive outcome in light of the legal and factual context in which the decision was rendered».

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.»

In my view, the judiciary should strive to have such a court reporting system implemented in trial courts as such a system would ensure that the trial judge had a command of the evidence during trial and had a text transcript of the evidence when preparing his / her reasons for judgment which would reduce factual errors which lead to expensive appeals and in some cases re-trialIn my view, the judiciary should strive to have such a court reporting system implemented in trial courts as such a system would ensure that the trial judge had a command of the evidence during trial and had a text transcript of the evidence when preparing his / her reasons for judgment which would reduce factual errors which lead to expensive appeals and in some cases re-trialin trial courts as such a system would ensure that the trial judge had a command of the evidence during trial and had a text transcript of the evidence when preparing his / her reasons for judgment which would reduce factual errors which lead to expensive appeals and in some cases re-trialin some cases re-trials.

7.5 RULE: WCAT will normally grant the appellant's request for an oral hearing where the appeal involves a significant issue of credibility, where there are significant factual issues in dispute, and / or where there are other compelling WCAT reasons for convening an oral hearing (e.g. where an unrepresented appellant has difficulty communicating in writing or in English).

Perell J. held that there was no reason to doubt the plaintiffs» good faith and that, while the evidence adduced by the plaintiffs would have satisfied the second arm of the test, the Cai Brothers had been noted in default and their deemed admissions of the factual allegations in the Statement of Claim were sufficient to satisfy the section 138.8 test.

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.

* Many Ontario civil litigators (and some others) will know that, some 5 years ago, the Ontario Court of Appeal, in Aristorenas v. Comcare Health Services 2006 CanLII 33850 at para. 63 (ONCA) leave to appeal denied 2007 CanLII 10550 (SCC), adopted a statement from a now very - well known (for other reasons, too) House of Lords decision about the use of «common sense» in decisions about whether X was a factual cause of Y: «The mere application of «common sense» can not conjure up a proper basis for inferring that an injury must have been caused in one way rather than another...»

The appellate reasons do not contain a discussion of why the common sense approach to factual causation, as mandated by the Supreme Court in Snell v Farrell, did not apply in favour of the Ms. Clements.

Stewart Title urged that the application judge erred, in turn, by: (i) failing to give effect to the clear meaning of the exception, and in finding ambiguity by looking at the word «paid» in isolation; (ii) «giving no weight to the factual matrix surrounding how the Policy language operates in practice and in its commercial context» when resolving the ambiguity; and (iii) resorting to contra proferentem reasoning before exhausting other methods of contract construction.

In his ruling, Justice Brown concluded that «an award of costs in the amount of $ 3,000 would be a reasonable one in the circumstances», based on, among other reasons, the fact that the motion took half a day to argue, no pre-hearing examinations occurred; and the motion involved a «narrow factual and legal issue»In his ruling, Justice Brown concluded that «an award of costs in the amount of $ 3,000 would be a reasonable one in the circumstances», based on, among other reasons, the fact that the motion took half a day to argue, no pre-hearing examinations occurred; and the motion involved a «narrow factual and legal issue»in the amount of $ 3,000 would be a reasonable one in the circumstances», based on, among other reasons, the fact that the motion took half a day to argue, no pre-hearing examinations occurred; and the motion involved a «narrow factual and legal issue»in the circumstances», based on, among other reasons, the fact that the motion took half a day to argue, no pre-hearing examinations occurred; and the motion involved a «narrow factual and legal issue».