Sentences with phrase «on factual evidence of»

Not exact matches

austin that is not true since there is no evidence of a spirit or soul or whatever please speak in terms of reality with factual information from now on thanks he asked for an honest response not a made up response

«Attempts now to rewrite the story of this hate crime appear to be based on untrustworthy sources, factual errors, rumors and innuendo rather than the actual evidence gathered by law enforcement and presented in a court of law,» the spokesperson said.

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.

In response to Mormonism where is the factual evidence from what this Faith is based on: 1) Prove that reformed Eygptian is a true language 2) Provide a map showing the journey in American the Nephites and the Moronites took to establish themselves will validating their establisments 3) The Book of Abraham has been proven false so why is still accepted as scripture 4) Joseph Smith was not a Jew or part of the tribe Levi, but believed that the rights of the priesthood was given to him.

These are, of course, speculative frameworks, based as much on stylized notions of intellectual currents as on factual evidence about either the past or the present.

«Attempts now to rewrite the story of this hate crime appear to be based on untrustworthy sources, factual errors, rumors and innuendo rather than the actual evidence gathered by law enforcement and presented in a court of law.

Does your new version of the christian cult include factual, verifiable, independent and objective evidence for any god and a supernatural jesus, or is it just another pile of lies on top of myths?

I am (a) A victim of child molestation (b) A r.ape victim trying to recover (c) A mental patient with paranoid delusions (d) A Christian The only discipline known to often cause people to kill others they have never met and / or to commit suicide in its furtherance is: (a) Architecture; (b) Philosophy; (c) Archeology; or (d) Religion What is it that most differentiates science and all other intellectual disciplines from religion: (a) Religion tells people not only what they should believe, but what they are morally obliged to believe on pain of divine retribution, whereas science, economics, medicine etc. has no «sacred cows» in terms of doctrine and go where the evidence leads them; (b) Religion can make a statement, such as «there is a composite god comprised of God the Father, Jesus and the Holy Spirit», and be totally immune from experimentation and challenge, whereas science can only make factual assertions when supported by considerable evidence; (c) Science and the scientific method is universal and consistent all over the World whereas religion is regional and a person's religious conviction, no matter how deeply held, is clearly nothing more than an accident of birth; or (d) All of the above.

The Code permits manufacturers and distributors of breastmilk substitutes to provide «scientific and factual» information on their products to health workers, but analysis shows what they provide is promotional and rarely supported by independent evidence.

«Easy to digest» is a factual statement characterizing the evidence of more rapid digestion of whey - dominant formula, like Bloom & Blossom Ultra Gentle ™ Infant Formula ™, relative to those formulas that are based on whole cow's milk

The proscription of terrorist organizations, including the application of criminal responsibility of its members, must be made on the basis of factual evidence of activities that are of a genuine terrorist nature as well as of the actual involvement of the individuals concerned.»

Factual information on the current evidence - based data of our modern birthing practices is woven into the instruction of each prenatal class.

But Jack is a biopic that doesn't just wish to track a narrative of one insane man, it's far more interested with bigger questions and in actually hiding the facts (an interesting dichotomy considering much of the film was developed on factual evidence).

They looked at a lot of research and, based on the factual, empirical evidence, sent home a letter to families that said: we see now, based on all these studies of children and learning, that all this homework does nothing for our children's intellectual development.

The decision on an appeal from an agency's final action is based on a de novo review (question of law), except that the review of the factual findings in a decision by an AJ is based on a substantial evidence standard of review (29 CFR 1614.405 a).

The Methodological Level: disputes over the rules to settle factual disputes a) are in effect «rules of evidence» b) serve as a kind of «science court» in which a «verdict» on factual disputes is resolved by appeal to «evidence» c) this reflects the empiricist's commitment to the «Leibnizean ideal» d) explains how a «staggering proportion» of disputes are in fact resolved e) however, occasional disputes over the methodological rules arise 3.

Maybe it would be open on the evidence for the trier of fact to make that inference, but it wouldn't amount to a hill of beans, even a campfire's worth, unless the inference was of a necessary connection in which case «substantial» is meaningless, if the issue is factual causation which is clearly what's referred to in para. 10 of Clements.

[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect.

The four month trial, which involved complex evidence from approximately 20 factual and 16 expert witnesses from the US, Switzerland and various jurisdictions in Asia, concluded with Mr Justice Cooke not only dismissing the entirety of SHI's $ 8 billion claim, but also ordering that SHI pay DB over $ 240 million and costs on an indemnity basis.

The 76 - day trial involved 51 days of factual evidence and 10 days of expert evidence including detailed expert evidence on chartering, ship - finance and vessel values.

[17] The Teachers» Federation asserts that the judgment is the product of (i) fundamental errors of law regarding interpretation and application of the duty of fair representation, and (ii) a multiplicity of factual errors involving findings not based on the evidence and contrary to the evidence, which are palpable in nature and overriding in effect... [more]

An interesting ruling in the Administrative Court this week touches on some issues fundamental to public law — the extent to which «macro» policy (such as EC law) should trump principles of good administration; the role of factual evidence in judicial review proceedings, and the connection between public law wrongs and liability in tort.

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.

Instead, the appeal court defers to the trial judge's factual findings, on the baiss that the trial judge had the best opportunity to assess the credibility of various witnesses and the weight to be given to each piece of evidence.

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:

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.

However, the only «principles» that he could have been referring to are (a) those which describe the nature of the evidence that was required for a valid decision on the issue of whether the nurses» negligence was a factual cause and, then, (b) what test to use to decide if the evidence is sufficient on the balance of probability.

On the basis of Resurfice and the evidence, the applicable test for factual causation was the but - for test.

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.

[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.

[6] With no factual or expert evidence admissible on the motion, the Court noted that «a Rule 21 motion is not the appropriate vehicle» 7 to decide whether the common law definition of absolute privilege should extend to statements made by municipal councilors in council meetings on the basis of necessity.

As well as factual evidence, the report contained evidence of the opinions of experts on technical matters, which included aeronautical engineering, wreckage analysis, meteorology, pathology, analysis of flight data, and the piloting of aircraft.

It also leaves the plaintiffs with the burden of leading voluminous evidence in order to prove, at least on a balance of probabilities, the factual basis to support their claims, including proof of Aboriginal Title, associated rights and interest, and the damages allegedly suffered.

[47] Further, where there are factual issues arising from the evidence that call into question the probability of the accounts offered by the parties, it is unjust to resolve the matter on a summary trial... (Swiston v. British Columbia (Transportation Investment Corporation), 2018 BCSC 640)

Citing McCamus, The Law of Contracts, (Toronto: Irwin Law Inc., 2005) at 711, the Court of Appeal was careful to point out that an investigation as to evidence of the surrounding circumstances or the surrounding factual matrix is not dependent on a finding the agreement is itself ambiguous.

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.»

A Country Guidance case is one in which the Upper Tribunal (UT) issues authoritative guidance on the situation in a particular country, based on a detailed assessment of expert and factual evidence.

In light of Teva, a claim construction order based solely on intrinsic evidence will be more easily reversed than a decision with specific factual underpinnings.

Alabama family law judges know they have to base their rulings on some kind of factual evidence.

There are BCCA decisions which suggest that where the parties have lead expert evidence on the issue of factual causation — certainly where both sides do, perhaps even where just one side «leads» the evidence, the robust and pragmatic approach can not be used.

Her problem was, apparently, a gap in the evidence relevant to proof of factual causation on the balance of probability.

Contrary to Richard Gold's assertion, the Canadian promise of the patent doctrine, the requirement to disclose the factual basis for sound prediction in the patent, and the prohibition on using post-filing evidence to establish utility, are not in line with US, UK and EPO jurisprudence, at least: see my articles Must the Factual Basis for Sound Prediction Be Disclosed in the factual basis for sound prediction in the patent, and the prohibition on using post-filing evidence to establish utility, are not in line with US, UK and EPO jurisprudence, at least: see my articles Must the Factual Basis for Sound Prediction Be Disclosed in the Factual Basis for Sound Prediction Be Disclosed in the Patent?

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

«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»