Sentences with phrase «own factual conclusions»

It's refreshing that the great atheist trash Crom has finally arrived at a satisfying, factual conclusion supported by evidence!

Like the Chief Justice, I accept this key factual conclusion of the trial judge.

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.

District courts get some deference in their claim construction holdings — that is, factual conclusions underpinning a claim interpretation under the law are reviewed for clear error, not de novo, thanks to Teva Pharma.

Second, for the CLP to deny that a contract had been created was contrary to its own factual conclusions and the evidence in the record (at para. 50).

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

There is, in my respectful view, no error in the judge's reasoning or the factual conclusions he made.»

The claimant therefore appealed alleging that the trial judge was wrong in his factual conclusions concerning her credibility, the nature of her injuries, and the extent to which the injuries impaired her ability to maintain her employment (Gulbrandsen v. Mohr, 2014 BCCA 359).

So long as the administrative board reached its factual conclusions in a manner that was not obviously biased or unreasonable, then their factual findings will be respected by the reviewing judge.

In this case, the Adjudicator found insufficient evidence of such economic loss in light of the factual conclusions drawn.

This opinion utilizes the court's factual conclusion that the plaintiff's activity as a parent [italics in original] alienated the defendant, and this court makes no decision concerning the validity of such a syndrome.»

Not exact matches

The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an «Award»).

This means that the proposed theory must be published in a legitimate scientific journal in order to provide the opportunity for other scientists to evaluate the relevant factual information and publish their conclusions.

Then I came to the conclusion that the Bible is a very flawed book with many contradictions, factual errors, and evil moral teachings.

If you hold these three tenets to be factual, I don't see how you can reconcile them and not reach the conclusion that your god is a terrible being.

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.

There are facts that lead people to that conclusion, but that doesn't make their conclusion factual.

The redactions — rendered in the released files as white blanks — make the material hard to follow at times: A section titled «The Factual Basis for the Conclusions» is thereafter blank for 47 pages.

While several of the conclusions are laudable efforts to increase research and professional development, the factual and conceptual bases for this document are seriously flawed.

We encourage you to challenge our interpretations; applications of data and research; factual assumptions; analytical methodologies; factual, technical, and policy conclusions; practicability assessments; and assessments of the benefits and other impacts of the proposal.

[Rather], the relevant inquiry is whether there is a factual foundation for the government's decision such that its conclusions regarding the proposed settlement are reasonable.»

While an essay is chiefly an interesting piece of factual reading based on a range of research material, a truly award - winning paper should have your own special touch, your opinions and an insightful conclusion, supported by convincing arguments and indisputable facts.

It should be the profound analysis of this issue, the well - structured discussion based on the factual information that leads to certain conclusions.

Based on the data in the paper and conclusions reached, it seems to be a factual statement that those people that meet the criteria which others have had success discharging their loans will have a better chance of discharging the student loans.

That change will not happen until a majority of them study the issues and come to conclusions based on factual information, rather than «noise» from interest groups or from pandering to same.

Perhaps there is a disclaimer, somewhere, buried in the small print, «please be aware, some of the conclusions cited in this report may not actually be factual.»

The responses of advocates of US climate change policies to these arguments are almost always to take issue with the factual economic and scientific conclusions of these arguments by making counter economic and scientific claims.

We can only hope that The Post «s editorial board will also reach a reasonable conclusion about their editorial policy: that they should adopt a practice of ensuring their opinion pieces on climate are factual and not misleading, with the operative assumption that the world's scientists actually are right about the subjects that they have spent their lives studying.

In the legal context, the syllogism involves taking a legal premise (an enacted or judicially created «rule») and applying it to a factual premise (the facts of a case) to reach an objectively sound result (the conclusion).

«We accept the court's factual findings unless clearly erroneous but review de novo the court's conclusions of law and interpretation of the Arizona Child Support Guidelines.»

It demands close attention to factual details that matter; a winnowing out of details that don't matter; a reliance on concrete facts coupled with a disavowal of breezy generalizations and characterizations; a building up of facts into step - by - step arguments from which conclusions naturally follow; the marshaling of reasons that will earn the respect even of an opposing audience; a dialectical approach in which countervailing facts and counterarguments are carefully disarmed; a defense not of the first positions you might take, but of the best ones; and, at least in your early development as a legal writer, a stripped - down style that contains not a whiff of ornate embellishment.

Putting aside that no case has ever claimed that contribution applies only to but - for causes — good thing because there's many a defendant held liable who received contribution where the conduct wasn't a but - for cause and there's no reason to read any of the apportionment statutes that way — I suppose the conclusion that contribution is limited to but - for causation does follow if the Court believes that the only way there can ever be factual causation is under the but - for test.

Nevertheless, in the face of the Court's explicit exclusion of Western Sahara, the Council and the Commission should both be able to draw their conclusions with regard to the legality of these factual applications.

In addition, by solely focussing on the GC's interpretation of the Agreements, the Court was able to circumvent the instances of de facto application by both Morocco and the Council and Commission, since the Court's conclusion of legal inapplicability to Western Sahara made these instances factual anomalies falling outside the scope of appeal.

Although the legality of the factual application is not directly addressed, it necessarily follows from the conclusion of legal inapplicability of the Agreements to Western Sahara that any future application, de facto or otherwise, is out of the question.

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

The Court of Appeal held that the trial judge's factual findings in support of this conclusion were amply supported on the record, and dismissed Livent's cross-appeal.

In Standard Bank plc, the conclusion reached was that those named on the draft indictment would be named, as would be the bank's senior deal team member, but that the remaining individuals whose conduct was relevant to the factual narrative would remain anonymous.

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).

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.

If the court concludes from the evidence in a particular case that the amount of the award reached through application of the guidelines would be unjust, the court shall enter a written finding articulating the factual circumstances supporting that conclusion.

Because Resurfice material contribution if it is applied, does NOT produce a conclusion that any of the possible causes were, in fact, factual causes (think actual causes).

(ii) establish that all or part of the factual or of the legal conclusions set forth in Consob's decision are not correct, and therefore annul all or part of Consob's decision; and / or

In reaching this conclusion, the Newsome court noted that other courts addressing this factual scenario have uniformly held that a joint client suing only the joint attorney can compel the disclosure of privileged documents from the joint representation.

It relies on these incorrect facts about PRISM to reach its conclusion, removing the factual basis for its overall findings.

A truthful statement is also misleading if there is a substantial likelihood that it will lead a reasonable person to formulate a specific conclusion about the lawyer or the lawyer's services for which there is no reasonable factual foundation.

Each Case Interpretation contains detailed factual situations and arrives at a conclusion based on all determined facts of the particular case.

Arbitrators need not specify their reasoning or the basis of the award, as long as the factual inference and legal conclusions supporting the award are covered.