Courts resolve disputes; they are largely backward looking; they determine whether the defendant in fact violated a legal norm.
This is because the courts do not review the actions taken by the executive for national security purposes, but merely determine whether the situation in fact involves national security issues.
Committee members said they need to understand the governor's "intentions" to determine whether the set of facts in front of them warrants impeachment.
Scientists first try to clarify and make explicit a conception in their minds, then attempt to apply it to the facts they have precisely examined, to determine whether the conception can colligate the facts into a law.
Officials are still analyzing the tape to determine whether the voice is in fact Mr. bin Laden's.
This makes much less sense when the purpose of the interception is to determine whether the person is in fact an agent at all.
"You have to look at the test and determine whether the test was in fact fair or not," Judge Sotomayor told a lawyer for the defendants, Richard A. Roberts.
Mr. Obama assured Mr. Peña Nieto by phone on Thursday that the White House would determine whether the N.S.A. did in fact spy on Mexico's leaders, and respond accordingly.
It also calls for establishing an independent financial review board to determine whether the budget is, in fact, balanced; if the board decides otherwise, the governor would have added authority to cut spending.
The idea was to determine the ethnicity and religion of everyone on the flight, to get from the airlines data on who had been subjected to extra screening and then to determine "whether the selection criteria in fact have a disparate impact," according to a plan the department sent the Arab group.
A looming statutory deadline requires rushing census data to the states beginning next week, and it limited the time that a panel of bureau experts had to analyze the results from the sample and determine whether the data would, in fact, make the census more accurate.
