Sentences with phrase «one's findings of fact»

In doing so, he said he felt comfortable falling in line with one judicial line of thought that says judges can make findings of fact in order to grant summary judgment.

I am now going to have to make a large number of findings of fact in relation to matters that are very hotly in issue.

To do so would require findings of fact on conflicting evidence and including issues of credibility.

As a result, the court found that negligence claims would also involve individual findings of fact for each of the class members.

Is it that you think the electronic records being produced and relied upon in court today are not reliable and therefore lead to erroneous findings of fact by the courts?

If a divorcing couple disagrees on how to share custody, the court would have to settle on written findings of fact before resolving the dispute.

The appeal may be limited to questions of law, including contract interpretation, or it may include findings of fact.

This applies to issue findings of fact and conclusions of law.

Also, contact with child in care, assessment applications, finding of fact hearings, placements abroad and cases with international jurisdiction issues.

Judges have to make findings of fact when rendering their decisions.

If a judge were able to overturn a jury finding of fact, the «separation» would be moot.

He carefully reviewed the evidence and made clear findings of fact.

Despite the appellant's assertions, the pivotal findings of fact are to the contrary.

This also results in the claimant knowing what findings of fact have been made by the tribunal in their dismissal claim.

Many of these disputes center around a critical finding of fact or law, and not with an assessment of damages or any requirement for a court order.

After making findings of facts, the judge applies the facts to the law to determine whether the claims in the lawsuit are established.

This includes the judge's finding of fact in such proceedings without application to the court.

After hearing all the witnesses and considering all the evidence, the judge will issue findings of fact and a legal decision about whether a parent can move away with the children.

He carefully reviewed the evidence and made clear findings of fact.

The importance of this clarification of the law is of course the effect on appeals, where the jurisdictional platform of the appellate court to interfere with findings of law differs from its more limited jurisdiction to interfere with findings of fact.

In reversing the earlier determination to award insurer credit for its payment, the Maine Supreme Judicial Court found the lower court had never made a specific finding of fact as to the nature of those payments.

We agree [with the Second and Eleventh Circuits] that courts generally can not take notice of findings of fact from other proceedings for the truth asserted therein because these are disputable and usually are disputed.

Because the application was dismissed on procedural grounds, the application judge did not decide the substantive legal issue nor did he make the necessary findings of fact based on the record to do so.

It also reflects the fact that the proper remedy for a party complaining of findings of fact is the reconsideration authority of the Agency pursuant to section 32 of the Act.

Sir Anthony Clarke MR relied on certain key findings of fact regarding this second proposition, namely that there were 6,000 police officers on the day deployed on the streets.

A well written, comprehensive decision with detailed findings of fact not only enables the parties to understand the basis for the Hearing Panel's decision whether the Code was violated, it also enables the Directors to ratify the decision without an appeal, confident in the knowledge the Hearing Panel correctly applied the Code to the facts.

This is because it was not possible because the key finding of fact in the case was a finding of the Crown Court, which only the High Court could overturn.

Judge Thomas set May 10 as the deadline for proposed findings of fact and June 21 for any rebuttals.

However, in the related context of legally defining the term «governmental unit» under § 523 (a)(8), the First Circuit concluded that» [a] ppellate courts review bankruptcy court findings of fact under the clearly erroneous standard, but subject legal conclusion [s] drawn by such courts to de novo review.

CCD highlights the following findings of fact made by the Tribunal:

Lauwers J.A. delved into each of the appeal grounds in some detail, and ultimately granted the motion, noting that the appeal did not raise any arguable error in law but rather only challenged findings of fact and credibility that were «sound on their face».

(a) The decision of the Hearing Panel shall be by a simple majority vote and in writing (Form # E-11, Decision [Ethics], Part Six and the Professional Standards Training Guide) and shall contain findings of fact and a statement of the disciplinary action recommended, if any.

It remanded with instructions for that «the family court shall make written findings of fact under the factors listed in subsection 20-3-130 (C) of the South Carolina Code (Supp.

First, SCOTUS has no remit to review findings of fact by lower courts.

Until recently, the applicable standard for overturning findings of fact on appeal was contrasted on the basis of findings based upon the credibility of witnesses and findings based upon inferences from established facts.

After reviewing the law on reversing findings of fact by a trial judge, Justice Epstein wrote, «The trial judge's conclusion that Ms. Weddell had no reason to doubt the Scherbaks» representations was «clearly wrong».

An appellate court may only overturn findings of fact if it is established that the trial judge made a manifest error, ignored conclusive or relevant evidence, misunderstood the evidence, or drew erroneous conclusions from the evidence.

On the footing on which the indirect discrimination claim is now advanced, namely disadvantage to a single individual arising out of her wish to manifest her faith in a particular way, everything in the tribunal's findings of fact shows the rule, both during the years when it operated without objection and while it was being reconsidered on Ms Eweida's instigation, to have been a proportionate means of achieving a legitimate aim.

As I recently wrote here, a judge's attorney's fee order is automatically subject to reversal if it doesn't contain detailed findings of fact explaining...

«In light of the concerns that you have expressed... to provide that Marcia McNeil will come to a completely independent finding of the facts related to the processes followed in this case.»

A spokesman for the UN Secretary - General Ban Ki Moon said: «The Secretary - General is alarmed by the preliminary findings of a fact finding investigation by the United Nations Mission in South Sudan (UNMISS) into the attack on Hotel Terrain in Juba on 11 July, in which one person was killed and several civilians were raped and brutally beaten by men in uniform.

Given the new approach, the record didn't contain the required findings of fact and they weren't prepared to bend the SCC's rules to make those.