Sentences with phrase «on factual questions»

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.

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.

In the problem - oriented physics course, however, scores on factual questions stayed flat when clickers were used — and dropped a significant 9 percentage points on conceptual questions.

I don't care if Oklahoma State has bragging rights or if fans are (or aren't) arguing about their Massey Composite rating — it really has no bearing whatever on the factual question of which team was better this season.

Not exact matches

«Edwards wasn't convicted, but his jury hung on several counts, and the trial was driven by factual questions: Did Edwards know about the payments, and was their purpose political, or were they simply intended to keep the peace within Edwards's marriage?»

You may disagree with Krugman's analysis, but it's a little disingenuous to try to denigrate and dismiss Thomas Mulcair's economic ideas when they're based on Nobel prize winning work in economics (the intellectual case, that is; the factual case that this phenomenon is occurring today, in Canada, is purely a question of whether the appreciation of our currency is based on the oil and gas boom and whether a high dollar results in lower exports in other sectors, both of which you seem to have admitted are accurate.)

For while the formal and abstract may be grist for cognition, the factual and concrete may prove ultimately unassimilable — unless it be on a continuum with the former, the terminus ad quem where all questions regarding an entity's features or its relations are answered.

This would not only render the presumably factual principle of uniformity logically necessary, it would also beg the question by simply denying the tenability of the claim that laws evolve and insisting on the notion of uniform causation.

By taking the time to perform an in - depth analysis and ask the right questions, you gain clarity and ensure you're making important business decisions on factual information supported by historical data — not just intuition or estimation.

The researchers also asked nine factual questions about genome editing and found sharp differences in support for both treatment and enhancement based on knowledge.

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).

He or she has only ever been given answers to factual questions, and then tested on how well they have retained the facts.

Encourage the people who develop questions to focus on comprehension rather than factual recall.

«In response to questions we have received from the field, we wanted to share clarifying and factual information on the state's s

BTW, I don't approve of most edits on meta sites because I very rarely find questions on meta sites which deal purely in factual matters, so my answers are generally just my personal feelings on the matter.

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).

Based on my reading, I'll try to be as factual as possible: • you were invited to help with the list of attendees • you accepted and made recommendations • you inadvertently received Dr. Schmit's email response to the invitation (inadvertently in the sense that it should not have been circulated or should have been considered confidential) • from your post: «The original summary (similar to that which Fred posted) was made by me at the Lisbon event in response to a question concerning the absence of prominent AGW proponents.»

Given that, I don't see how Judge Roberts could meaningfully answer that particular question based on the lack of a solid factual record.»

[56] Thus, «On judicial review, the question becomes whether, in assessing the impact of the relevant Charter protection and given the nature of the decision and the statutory and factual contexts, the decision reflects a proportionate balancing of the Charter protections at play.»

At the same time, the court deferred ruling on the bar's claim that LegalZoom is engaged in unauthorized practice, concluding that a more extensive factual record is required in order to explain questions such as how LegalZoom's process prepares complex documents for its customers.

On the 2nd thought, I can phrase it as a factual question: Is criminalizing suspiciousness...

Assessing the impact of the Vote Leave NHS funding pledge on the EU referendum is a matter of causation, a factual question for a jury to consider and determine.

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.

Answers to the above questions would require a factual inquiry by the trial judge hearing the claims on their merits.

A trial judge may assist litigants by directing them away from irrelevancies and indicating what issues are determinative of the matter, or by asking the litigant to focus their questioning of witnesses on legally relevant factual issues.»

Appellate review, on the other hand, ordinarily is about law, not fact, with factual questions being the ones subject to more - deferential review.

In determining the appropriate standard of review, Justices LeBel and Cromwell relied on the tribunal's expertise, the factual nature of the question, and the purpose of the statutory provisions at issue.

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.

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.

He dislikes limits on his discretion and likes factual research outside the record, so he criticizes legal academics for their tendency to propose the first, and slams an article questioning his use, in a couple of opinions, of photographs of his law clerks dressed up in protective gear.

Mainville J.A. held that legal elements of the impugned decision were reviewable on a standard of correctness, but that policy and factual questions were reviewable on a standard of reasonableness.

[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)

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.

... the question depends on an exacting analysis of the factual case advanced in defence of the measure, in order to determine (i) whether its objective is sufficiently important to justify the limitation of a fundamental right; (ii) whether it is rationally connected to the objective; (iii) whether a less intrusive measure could have been used; and (iv) whether, having regard to these matters and to the severity of the consequences, a fair balance has been struck between the rights of the individual and the interests of the community.

On the other hand, reasonableness is normally the governing standard where the question: (1) relates to the interpretation of the tribunal's enabling (or «home») statute or «statutes closely connected to its function, with which it will have particular familiarity»; (2) raises issues of fact, discretion or policy; or (3) involves inextricably intertwined legal and factual issues.

Both involve questions of weight and balance, which fall to be assessed in the context of particular factual and legal matrices that create broader or narrower ranges of possible outcomes, depending on the circumstances.

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.

Nevertheless, the complaint must be dismissed because quite apart from the question of service on the principal defendants, there is no factual basis for the exercise of this court's subject matter jurisdiction.

Degree of similarity is relevant on some cases when the factual question arises whether the allegedly - infringing work is based on some protected original.

If the questioner asks a purely factual question, like «Did you go to the factory on that Tuesday?»

[57] On judicial review, the question becomes whether, in assessing the impact of the relevant Charter protection and given the nature of the decision and the statutory and factual contexts, the decision reflects a proportionate balancing of the Charter protections at play.

The tenant also wants to challenge the Lands Tribunal's insistence that leasehold valuation tribunals must follow its findings on the essentially factual question of what is the correct deferment rate.

This was identical to the approach taken by the majority in Scott on the question of where summary judgment is appropriate, despite an assertion of a factual dispute.

If it hinges on a close factual issue, however, a jury could resolve that question.

The judge relied on the fact that this was a case which involved questions of construction of an agreement against a factual matrix where there was controversy about the facts.

Although students may find this approach frustrating, it helps them to understand that the answers to legal questions often depend on specific factual circumstances.

On most encyclopedia - style factual questions, Alexa defaults to reading the first sentence of Wikipedia, but Amazon's engineers haven't resisted the opportunity to give Alexa a little bit of personality and opinion.

As can be seen from the company's introduction video below, Mycroft's skills range from answering factual questions and some of the basics, such as the date, time, weather, set alarms, or play the news, to playing music, radio, podcasts, or movies and videos on nearby displays and to control other Wi - Fi connected appliances.

These range from tasks as simple as checking the weather and other factual questions to more complicated functions like turning on your smart lights, placing an order on Amazon, and more.