The judge "must do more than identify the existence of risk of serious harm," the decision said, adding that the court "must balance that risk against the harm removal might bring, and it must determine factually which course is in the child's best interest".
The Court of Chancery has noted that, in the interest of having certainty, "it is unsurprising that few defendants have sought a pretrial hearing to determine who bears the burden of persuasion on fairness" given "the factually intense nature of the burden-shifting inquiry" and the "modest benefit" gained from the shift.
Moreover, Ray determined Hillary Clinton had given "factually false" testimony when questioned by the GAO, the Independent Counsel, and Congress about the travel office firings, but reiterated that "the evidence was insufficient to prove beyond a reasonable doubt" that she knew her statements were false or understood that they may have prompted the firings.
"He is determined, focused and wants to factually understand a problem so he can get a sensible solution.
In his majority opinion, Justice Stephen Breyer called the case "factually complex," but in the end, the Court determined, "It is not reasonably probable that the withheld evidence could have led to a different result at trial".
The payment was approved to Craig Richard Coley, 70, who recently was determined by a court to be "factually innocent," decades after his arrest for the murders of Ronda Wicht, 24, and her 4-year old son, Donald.
Yet the quality of a movie can't be determined alone by how accurate it is factually or how reliable morally.
Thinking about the bailout this way is both factually wrong, and suggests a frighteningly flawed metric for determining when, if ever, the U.S. government should be throwing public money at failing private firms.
"The opinion," the footnote said, "is so factually and legally inaccurate that one is left to wonder whether the Court of Appeals was determined to find for" the defendant "and then said whatever was necessary to reach that conclusion".
Billed as Channel 4's first factually inspired period drama, The Mill joins this month's Run (concrete, weeping) and next month's Southcliffe (guns, despair) in a tri(gl umvirate of astonishingly bleak summer dramas, the channel's determined attempt to do a big stinging wee all over the nation's barbecued drumsticks.
