Sentence examples for determination of a fact from inspiring English sources

But he said the court could not accept "the novelty of a legislative scheme that removes the jury from the determination of a fact that, if found, exposes the criminal defendant to a penalty exceeding the maximum he would receive if punished according to the facts reflected in the jury verdict alone".

"In the report, they themselves say that they are not in a position to make a determination of the facts," a university spokeswoman, Helaine S. Klasky, said.

that verdict and denying the defendant's motions was not in error. 1 The primary purpose of an interrogatory is to elicit a determination of material facts and to furnish a means of testing the correctness of the verdict rendered.

But the ultimate decision on a mistrial, he said, has to be based on "a determination of fact about the jurors' exposure" to that publicity and its effect on them.

Section 2254 d) does not bar a federal court from reviewing "a mixed determination of law and fact that requires the application of legal principles to the historical facts of this case". 446 U.S., at 342, 100 S.Ct., at 1715; see Brewer v. Williams, 430 U.S. 387, 403-404, 97 S.Ct.

At the request of the contractor, the Board shall furnish it 'with a statement of such determination, of the facts used as a basis therefor, and of its reasons for such determination.' Ibid.

The first inquiry involves a determination of historic facts, and the regulations properly require the Secretary to make these findings on the basis of evidence adduced at a hearing.

If the conclusion of the Board be regarded as a determination of a mixed question of law and fact, it has, as we shall presently show, no support in the primary and evidentiary facts.

The Board of Tax Appeals concluded that, from a careful consideration of all the evidence, 'the payments made by Unopco to the petitioners and others were additional compensation in consideration of services rendered to Universal and were not tax-free gifts.' This, as we recently have pointed out, is 'a conclusion of law or at least a determination of a mixed question of law and fact.

* * * (6) Obstacles to elections.—Under Public Resolution 44, any attempt by the Government to conduct an election of representatives may be contested ab initio in the courts, although such election is in reality merely a preliminary determination of fact.

"We will support the investigation of these acts in every way for a swift determination of the facts".