finding of fact

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finding of fact

A formal decision by a Fitness to Practise Panel appointed by the UK’s General Medical Council (GMC) to hear a case regarding a doctor's ability (fitness) to practise without restriction, whether or not the alleged facts have been proved.
References in periodicals archive ?
2013) ("In order to qualify, a witness as an expert the proponent of the testimony must, as a preliminary question of fact, meet five separate criteria to the satisfaction of the judge.
While the court concluded that the defendants' re-boxing and re-labelling of the products did not, as a question of fact, damage the reputation of the manufacturers' trade marks in this case, it stopped short of allowing the appeals due to a pending and potentially relevant reference to the ECJ by the Austrian Supreme Court in Wellcome v Paranova (C-276/05).
However, as mentioned above, it is a question of fact, and the party revoking the trade mark registration will have to show evidence that the public is using the trade mark generically.
The question as to whether a corporation had a legitimate business reason for its conduct was a question of fact to be determined by a jury
That's a question of fact that can be difficult to prove.
The focus in construing claims is not the subjective intent of the parties, which would be a question of fact, but how an objective person of ordinary skill would interpret the claim, the court reasoned.
RC responded that it would be a question of fact whether the amalgamated company was running separate businesses or one combined business.
The IRS has determined that "reasonable compensation" consists of three key elements: Payments must be purely for services rendered; it is an ultimate question of fact of the case involved (and each case turns on its own facts and circumstances); and there is no single standard to decide the question.
the utilization review firm) could be at least partially liable if negligent conduct was a substantial factor in bringing about the suicide, and (2) whether the conduct of the insurer, contractor, and employee was a substantial factor in causing suicide was a question of fact, thus precluding a summary judgment.
The Third Circuit had ruled that, like competency to stand trial determinations and related controversies, the voluntariness of a confession was a question of fact.
Thornberg ruled that there was no question of fact that Ramsey Group had infringed on the patent and dismissed Ramsey Group challenges.
Hana Bank, holding that whether tacking is available as an argument for the priority of a mark in a given case is a question of fact for the jury to decide.