The umpire has absolute authority to make factual determinations.
To determine that there is a clear and substantial impact, the agency must have greater certainty than would be the case for many ordinary factual determinations.
Our charge was to make factual determinations and issue recommendations.
Jurors' factual determinations are not reviewed on appeal.
The federal guidelines, however, often require judges to make those factual determinations themselves.
Appeals courts typically say they require proof that a judge's factual determinations were "clearly erroneous" to overturn them.
Delays are also due to the ability of Mexican appellate courts to reconsider factual determinations made by a lower court.
Congress did indeed expect judges to make the factual determinations to which the guidelines apply, just as it expected the guidelines to be mandatory.
This is a factual determination that could lead to the contractor's liability for an enormous loss.
Four days later, another ruling: juries, not judges, must make the factual determinations supporting death sentences.