Sentences with phrase «using factual materials»

Not exact matches

With Ricciarelli doing most of the talking and Fehling cracking generational jokes, they discuss the film's origins, the composite characters and factual material, the themes, Germany's reaction to the movie, the use of cantor music, the influence of the 1970s NBC miniseries «Holocaust», and the history depicted.

The students are also more focused, more diligent in finding factual information, and more energized about the material being studied when they know that they are going to use the green screen for their presentations.

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

The result of that, for all practical purposes — it took about a year — was that an «Ivory Snow pure» number of trial judges stopped formally using Athey material contribution to decide whether factual causation was established on the balance of probability.

Since that time, DOJ has provided additional guidance on a case - by - case basis as FCPA matters are made public — providing meaningful examples by incorporating factual details and identifying more factors material to the government's decision - making in the particular charging documents, plea agreements, deferred prosecution agreements and non-prosecution agreements used to resolve FCPA matters.

For now, Resurfice material contribution applies only in the situations described by Clements in para. 39, where the Court provided an explanation of the meaning of Resurfice «s «impossible to establish factual causation on the balance of probability using the but - for test.»

I'm trying to gather anecdotal information as to whether the SCC decision in Resurfice v Hanke, 2007 SCC 7 and the «material contribution» doctrine mentioned in the case are helping plaintiffs get before - trial settlements — by using the Resurfice «material contribution» notion to get them past difficulties in proving factual causation using the «but - for» test — which are settlements that they might not have been able to get before Resurfice.

We also haven't seen any cases where a judge said that he or she, before Resurfice, would have found the factual causation issue in favour of the plaintiff using Athey material contribution — finding factual causation on the balance of probability — but, as a result of Resurfice, is now required to use the but - for test and, on the facts, must find the plaintiff failed to establish factual causation on the balance of probability.

The trial judge noted the distinction between the «but for» test for factual causation and the «material contribution to the risk of injury» test, but ultimately found this case not to be the exceptional one in which the material contribution test to determine cause - in - fact should be used.