Sentences with phrase «making factual findings»

Only because of this tactical decision was the Agency compelled to embark upon an assessment of voluminous opinion and lay evidence in order to make factual findings.

Based on that testimony, the judge makes factual findings.

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]?»

Yet how often, when we move on after having been told we made our point, does the judge later rule against our client while failing to make the factual finding regarding the point the judge has promised that we made?

Often this ability to select the decision maker outweighs the requirements that a family court judge make factual findings and legal conclusions to justify the result (especially when some family court judges issue memo instructions directing the prevailing party's attorney to make «appropriate» factual findings and legal conclusions to justify the ruling).

However, although the respondents pleaded the existence of an ad hoc fiduciary duty owed by Roberts to Shnaider and Shyfrin, the trial judge made no factual findings that such a duty arose in the circumstances.

This required the arbitrator to make factual findings concerning the relationship between the claimants and the insured, in accordance with the arbitrator's interpretation of the relevant insurance policy and statutory provisions.

The result the Court reaches means that the Guidelines will still be out there, judges will still make factual findings that enhance the sentences, and Courts of Appeal will still uphold these sentences as «reasonable» even though the jury never found the facts that support the enhancement.

Such courts make factual findings that have reputational implications for those who have died, but the dead are not parties to a case.

Just as in mandatory sentencing systems, judges in discretionary systems must make factual findings to determine the appropriate sentence to impose.

Notes: The court below made a factual finding, without expert testimony, that Father had engaged in parental alienation.

«[T] he court made a factual finding that the plaintiff had engaged in parental alienation.

Not exact matches

«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.

The trouble with promoting something by making factual predictions is that eventually people find out whether you were right.

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.

In the funny and alarmingly factual The Disaster Artist, a man named Tommy Wiseau, who made (and starred in and financed) what is reputed to the worst movie ever made, wonders if his film will find an audience.

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.

Most recently in 2011, CTA's AB 1172 would have had a chartering authority deny a charter petition if it makes a «written factual finding that the charter school would have a negative fiscal impact on the school district.»

While agencies (EPA) have fairly broad discretion in making specific factual determinations, the factual findings can (and usually will) be remanded for further proceedings if the agency failed to follow its own guidelines and procedures to ascertain basic facts.

This factual difference from earlier cases where social engineering was used to deceive an authorized user to make a mistaken but authorized transfer was sufficient for the Medidata court to find coverage.

Although it can review the transcripts of evidence, the appeal court generally does not make its own independent factual findings.

The appeal court hearing a trial de novo will make its own factual findings, and then interpret the law and apply it to those facts.

The appeal court can examine the transcript of the witnesses» evidence and the submissions made in the Provincial Court, but does not usually hear evidence itself and is largely bound by the trial judge's factual findings.

If the district court decision relies on factual underpinnings, however, such as evidence concerning the «background science or the meaning of a term in the relevant art during the relevant time period -LSB-,]» it should make specific factual findings and those findings are subject to review for clear error:

Although the case turned mainly on the correct legal principles to apply the judge made three important factual findings as follows:

Snowden J also rejected an argument made by PAG that the ESG documents should be only partly redacted, so that summaries of factual information would not be withheld from inspection, finding that such an approach would be inconsistent with the dicta of Taylor LJ in Balabel.

The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings.

2012), the South Carolina Court of Appeals reversed and remanded the family court's custody modification because the family court made inadequate factual findings to justify a substantial change of circumstances.

In very many cases the factual findings made would be decisive.

His factual conclusions are, for the most part, inconsistent with the findings of fact made by the Court.

The only factual finding made by the family court is that «these sales were made in contemplation of marital litigation.»

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.

This required us to consider the factual findings we wanted this judge to make.

A mathematical formula need not be deployed to assess damages — rather, the task of the trial judge is to simply assess damages on the basis of factual findings made at trial.

If the judge says yes, I will move on; if the judge says no, I will suggest that until the judge is willing to say yes I have not made my point and it is my right and my obligation to my client to continuing questioning the witness on that topic until I am done or until the judge will concede the factual finding I want made.

[61] In my view, the factual findings made by the trial judge are rooted in and supported by the evidence.

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.

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 trial judge had thus made a finding of negligence without the necessary factual foundation, another example of a processing error similar to that seen in some of the cases noted above.

«This was a factual finding made by the application judge.

Indeed, while live expert testimony is uncommon in claim construction proceedings under the old standard, the Teva decision makes live testimony more likely so the district judge can weigh competing evidence, assess credibility and make specific factual findings.

Furthermore, the Court of Appeal's decision makes salient determinations with regard to the amount of deference owed to the Property Assessment Appeal Board (the «Board») on judicial review, and the Board's exclusive jurisdiction over factual findings.

Whether it was possible to prove by evidence that a form WP / PP, which could not be found, had, in fact, been executed in a manner complying with HFEA 2008, Pt 2 and whether, if that was permissible, and the finding was made, the fact that the form could not be found prevented it being a valid consent, as involving a breach by the clinic of its record - keeping obligations — this was a factual question, the court had to be satisfied the form (which was lost) had been signed before treatment.

The essence of his claim was that a disciplinary panel constituted in accordance with his contract would not have made the erroneous factual findings made against him and that in consequence his contract would not have been terminated.

You'll find, at the link, the PDF version of the (revised version) of the PowerPoint slides I used, last month, as part of a lecture titled «A Plea For Coherence: Making Sense of Factual Cause» I gave in Vancouver on May 5, 2017 at UBC's law school.

Did the trial judge make a serious factual error when she found that Kiskadee had failed to show that the telephone cable servicing its units ran under the basement floor of 216 and hence could not prove causation?

The Court of Appeal found that the motion judge made no errors and that his factual findings were available to him on the evidence.

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.

«a determination after a hearing on the merits of a factual issue, made by a State court of competent jurisdiction... [and] evidenced by a written finding, written opinion, or other reliable and adequate written indicia, shall be presumed to be correct»