Sentences with phrase «on factual»

In my review of most of these decisions, the judge determined on a factual basis that the seller either knew that what they were saying was false or had deliberately concealed a defect that was found out afterwards.

People often believe silly «rules» about dating that aren't based on factual evidence, which makes it very difficult to determine someone's motivation when they postpone plans.

(32) Further, if a review is raised on factual grounds, the reviewing court may consider evidence not available to the registrar, (33) and must consider relevant events that occur subsequent to the decision under review.

The updates layout a sketch enabling the users to map out their basic necessities on factual data and past data content prior.

You'll also instantly notice that software engineer as well as electrical engineering resume samples are very strong on factual information and clearly laid out information.

Your resume is completely based on factual and practical information, hence it stands no chance for adding any creativity.

A mythical Amazonia of lost tribes or lost cities is easy to challenge on a factual basis, but such objections appear rather feeble in the face of the power of cliché.

As previously discussed, the Town's decision to require the appellant to leave the premises and issuing a prospective trespass notice, were premised on factual errors.

Although details vary from case to case, you will generally work on factual investigations about the original trials.

Arguing a case on a factual record via video link will be a very different experience.

The backgrounder states that a broader reading of the decision actually confers a more limited right, based on the factual circumstances of the parties in that case.

That line held that the Snell common sense approach can't be used where expert evidence is adduced on the factual causation issue.

The City of Burnaby's appeal «will resolve that constitutional issue around those bylaws, but based on a factual record,» McDade told Canadian Lawyer in early March.

The application judge had found that the children remained habitually resident in Germany, based on factual findings that the parties» settled intention was that the children would reside in Canada on a temporary basis only.

But on factual and policy matters falling within the specialized expertise of a decision - maker, it is clear, at least in Canada, that deference is now owed even on pure questions of law and constitutional matters.

The application judge found that the potential for domination and undue influence was completely rebutted based on the factual findings.

He finished his discussion of the case by stating that he agreed with a deferential review by appellate courts on factual questions but not on legal questions decided by any tribunal.

She also concluded that the termination of support was based on the factual situation at the time and that any spousal support claimed in the future «would have to be considered in accordance with the terms of the Agreement and those terms must be in keeping with the aims of the Divorce Act, section 15.2 (6).»

If there are multiple but for causes, it is still adressed on a factual causation basis.

at 32 («variances need not be justified solely on factual grounds but may... be based on reasoned policy considerations»).

Litigators can search using the legal analytics platform to identify patterns in the prior behavior of attorneys, firms, parties and judges and predict likely outcomes based on that factual data.

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.

Given that the issue was whether the complainant could, as a matter of law, consent in advance to sexual activity that would occur while she was unconscious, the dissent's focus on the factual existence of consent seems misplaced.

Defended insurer against reinsurer's unsuccessful application to vacate arbitration award on factual grounds.

During their time at WilmerHale, interns are given the chance to put theory into practice by working with the International Arbitration Group's lawyers on factual and legal assignments stemming from current cases, as well as the opportunity to further academic interests with involvement on research projects in conjunction with lawyers in the practice.

Depending on the factual situation, some negligence claims may include negligent hiring of employees, building and / or equipment maintenance or neglect in resident care.

Speeding does not, in itself, constitute negligence as the question of whether a vehicle's speed is reasonable turns on the factual circumstances, including the traffic and road conditions.

The changes to the law reduce the amount of unit owners required to reject a plan, postpone the time until another plan can be voted on, and requires that the plan be approved by the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation («Division») based on factual and public policy reasons.

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.»

It further found that there was no basis to interfere with this conclusion as it was based on factual findings.

The long - term impact of this statement will need to observed, to see whether PTAB rulings on factual issues are given preclusive effect in subsequent federal court litigation.

The decision was based on a factual determination that the Applicant had not suffered a cervical radiculopathy, which even the insurer acknowledged would have brought the Applicant out of the Minor Injury criteria.

The D&O insurance market will also develop further as the awareness of members of Supervisory Boards of their — on a factual basis — steadily evolving liability risks is growing.

This approach, AG Bobek argues, was based on the factual reality of a physical distribution of newspapers as media through which infringing acts could be communicated.

We will file motions challenging the government's case on every factual and legal issue, and we regularly obtain the dismissal of charges for our clients prior to trial.

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:

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.

I'm not sure if I want to use the word fuzzy or not, but you get into an area where you are dealing with a higher level of uncertainty than you would had there been a concrete number at the beginning stating that, on a factual basis, this is the number of persons with disabilities traveling who require an attendant.

Relying on the factual similarities with Di Tomas, the judge awarded Mr. Kotecha 22 months of notice on top of the notice which he had already been provided, for a grand total in excess of 24 months.

At least the law firm can reply that their guess is based on factual evidence and measured probability, not just gut instinct.

It is to be hoped that some do, and a challenge to the judgment could be justified, either using the argument that the Court exceeds its jurisdiction in ruling so definitively on factual questions, or using constitutional values.

As you can see, laptop users did pretty well on factual questions, relatively speaking, but they fell far short on conceptual questions, which involved comparing and analyzing ideas from the TED talk they watched.

Indeed, Moore - Bick LJ, giving a concurring judgment, noted the introduction of the more flexible principle dependant on the factual circumstances of each given case.

«This is especially the case because opinion pieces about climate science in these publications are frequently based on factual inaccuracies which go unchallenged.»

Note that they argue the ultimately unprovable or provable climate science, to distract from the renewable energy emissions fraud — on every factual measure of generation, at least.

On any factual analysis, this is over, and the facts may be finally creeping up on both journalists and the public.

On a factual note... do you agree with Steyn that Mann is guilty of scientific fraud?

Personally I have always been interested in true Science and making scientific connections between causation and effect based on factual evidence.

Judith, You are trying to focus on factual science and it's causes and effects.

Firstly, on a factual matter, the OHC comparison which I published above...... was not intended to be a comparison with real - world observations, only a comparison with the GISS E ensemble mean result, which should correspond to the reported GISS E temperature profile which was simultaneously matched.