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The judge, W. Osmond Smith III of Superior Court, has already concluded there is probable cause to believe Mr. Nifong "willfully and intentionally made false statements of material fact" to the court during a hearing last fall.
"Everyone is entitled to their opinion about the merits of the many competing products in the smartphone industry, but when false statements of material fact are deliberately purveyed for the purpose of influencing the markets, a red line has been crossed".
Other types of proposition that are both necessary and a posteriori, according to Kripke, are statements of material origin, such as "This table is made of (a particular piece of) wood," and statements of natural-kind essence, such as "Water is H2O".
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An existing rule, for example, says lawyers should not "make a false statement of material fact" in court.
"Based on my knowledge," states the Sifma-proposed certification, "the prospectus does not contain any untrue statement of material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading".
Mr. Sheldon said Ms. Rickert had violated a state law that made it unlawful to publish "a false statement of material fact about a candidate for public office" in advertisements and campaign materials if the statement was made with "actual malice," meaning in the knowledge that it was false or with reckless disregard to its truth or falsity.
Justice Clarence Thomas, writing for the majority, said that only the fund itself could be held liable for violating a Securities and Exchange Commission rule that makes it unlawful for "any person, directly or indirectly" to "make any untrue statement of material fact" in connection with buying or selling securities.
These standards require that the audit be planned and carried out so as to obtain reasonable assurance that the financial statements are free of material mis-statement.
Liability under these provisions is set off if they "contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein not misleading".
Eight years of those reviews have revealed "several hundred cases" where "the firm failed to fulfill its fundamental responsibility in the audit — to obtain reasonable assurance about whether the financial statements are free of material misstatement," according to the board's release.
These standards require that the audit be planned and carried out to obtain reasonable assurance that the financial statements are free of material misstatement.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com