Sentences with phrase «resolving factual disputes»

I see no reason to be worried about Ball's sentence — or, more generally, the fact that judges apply ordinary burdens of proof when resolving factual disputes at sentencing.

[2] To be relevant, the proposed testimony must be «sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute.»

[Or, to be more precise, the district court resolves factual disputes in favor of the non-moving party.]

An informal hearing means that no facts are in dispute and that a formal hearing and an administrative law judge are not necessary to resolve any factual disputes.

Not exact matches

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.

Would a district judge have to resolve on the record factual disputes over advisory guideline calculation?

Probably the most common manner in which personal injury cases involving little factual dispute are resolved is simply through the parties reaching an agreement on how much the case should be resolved for.

Indeed, it is almost impossible to conceive how this Court might continue to function effectively were we to resolve afresh the underlying factual disputes in all cases containing constitutional issues.

The board «disputes many factual and legal aspects of the commissioner's application, but the tribunal did not resolve any of those disputes because it dismissed the application solely on a question of law,» says the ruling.

Salvador v. Uncle Sam Auctions & Realty, Inc. (30 A.D. 3d 861)- judgments awarding brokerage commission and counsel's fees affirmed; Supreme Court resolved key factual disputes in favor of broker based upon credible testimony; an award of counsel's fees was authorized by the contract; commission awarded in the amount of $ 87,500.00 and attorney's fees award in the amount of $ 44,500.00; Appellate Division declined to reduce the amount of counsel's fees awarded as excess legal work resulted in large part from unavailing and often unnecessary paths pursued and tactics employed by plaintiff; request for appellate counsel fees should be directed to court of original instance

The board «disputes many factual and legal aspects of the commissioner's application, but the tribunal did not resolve any of those disputes because it dismissed the application solely on a question of law,» said the ruling.

The court stated that this was a factual dispute which would need to be resolved at trial.