In cases where a judge rather than a jury decided issues of fact, an appellate court will apply an " abuse of discretion " standard of review.

Those who identify a particular dialect as the " standard " or " proper " version of a language are in fact using these terms to express a social distinction.

Cross-cultural psychiatrist Arthur Kleinman contends that the Western bias is ironically illustrated in the introduction of cultural factors to the DSM-IV: the fact that disorders or concepts from non-Western or non-mainstream cultures are described as " culture-bound ", whereas standard psychiatric diagnoses are given no cultural qualification whatsoever, is to Kleinman revelatory of an underlying assumption that Western cultural phenomena are universal.

Its persistence can probably be explained by the fact that it can be invoked to automatically perform small modifications on text files, by piping a script of commands to it through standard input.

It is important to distinguish between a secco work done on top of buon fresco, which according to most authorities was in fact standard from the Middle Ages onwards, and work done entirely a secco on a blank wall.

Because the vast majority of genes are encoded with exactly the same code ( see the RNA codon table ), this particular code is often referred to as the canonical or standard genetic code, or simply the genetic code, though in fact some variant codes have evolved.

Learners who wish to use purportedly correct English are in fact faced with the dual standard of American English and British English, and other less known standard Englishes ( including Australian, Scottish and Canadian ).

This has been said to be due to the fact that researchers in the past, such as Lamarck, viewed vertebrates as a " standard ": in Lamarck's theory of evolution, he believed that characteristics acquired through the evolutionary process involved not only survival, but also progression toward a " higher form ", to which humans and vertebrates were closer than invertebrates were.

The top quark, which he and other physicists realized must exist according to the standard model, was, in fact, produced at Fermilab not long after this book was published.

In fact, much analysis is devoted to cases where so-called market failures lead to resource allocation that is suboptimal by some standard ( defense spending is the classic example, profitable to all for use but not directly profitable for anyone to finance ).

In fact, the standard constructive interpretation of the mathematical statement

What distinguishes these tasks from other potential and actual NLP tasks is not only the volume of research devoted to them but the fact that for each one there is typically a well-defined problem setting, a standard metric for evaluating the task, standard corpora on which the task can be evaluated, and competitions devoted to the specific task.

( This was in fact the label's standard practice until the mid-1980s.

Instead of using " that which promotes my ( human ) life " as his standard of value, he mistakes " that which I ( mindlessly happen to ) value " for a standard of value, in contradiction of the fact that, existentially, he is a human and therefore rational organism.

This vacillation between meter and word stress highlights the fact that Latin literature was still in its infancy, and that there was not yet a standard way to write verse.

Although Orbison recorded and wrote standard structure songs before " Only the Lonely ", he claimed never to have learned how to write them: " I'm sure we had to study composition or something like that at school, and they'd say ' This is the way you do it ,' and that's the way I would have done it, so being blessed again with not knowing what was wrong or what was right, I went on my own way .... So the structure sometimes has the chorus at the end of the song, and sometimes there is no chorus, it just goes ... But that's always after the fact — as I'm writing, it all sounds natural and in sequence to me.

Today most American stock cars may superficially resemble standard American family sedans, but are in fact purpose-built racing machines built to a strict set of regulations governing the car design ensuring that the chassis, suspension, engine, etc.

Truth is most often used to mean in accord with fact or reality or fidelity to an original or to a standard or ideal.

In spite of the fact that the decreed definition of the gram specified water at 0 ° C — a highly reproducible temperature — the scientists chose to redefine the standard and to perform their measurements at the temperature of highest water density, which was measured at the time as.

This traditional name continues as the standard in the United States, although it obscures the fact that Indians fought on both sides of the conflict.

As the Tandy 1000 line outlasted the PCjr by many years ( and in fact did not make it to market until shortly before IBM announced the discontinuation of the PCjr ) these graphics and sound standards became known as " Tandy-compatible " or ( for the graphics ) " TGA " ( standing for Tandy Graphics Adapter ) and many software packages of the era listed their support for Tandy standard hardware on the package.

Note that due to the fact that one can always transform non-normalized weights to normalized weights all formula in this section can be adapted to non-normalized weights by replacing all by.

These atomic weights were based on the stoichiometric proportions of chemical reactions and compounds, a fact that greatly aided their acceptance: It was not necessary for a chemist to subscribe to atomic theory ( an unproven hypothesis at the time ) to make practical use of the tables.

This is widely thought to have been a straightforward physical demonstration, involving climbing up the Leaning Tower of Pisa and dropping two heavy weights off it, whereas in fact, it was a logical demonstration, using the ' thought experiment ' technique.

The commercial influence of these city-states is evident in the fact that the Euboic scale of weights and measures was used among the Ionic cities generally, and in Athens until the end of the 7th century BC, during the time of Solon.

They developed two methods during the wartime project, which both took advantage of the fact that uranium-238 has a slightly greater atomic mass than uranium-235: electromagnetic separation and gaseous diffusion — methods that separated isotopes based on their differing weights.

The importance of this trade is shown by the fact that the weights and measures used at Dilmun were in fact identical to those used by the Indus, and were not those used in Southern Mesopotamia.

The ‘ Constant Weight ’ ( French: " poids constant ") refers to the fact that the athlete is not allowed to drop any diving weights during the dive.

In their experiment, Peirce and Jastrow in fact invented randomized experiments: They randomly assigned volunteers to a blinded, repeated-measures design to evaluate their ability to discriminate weights.

In fact the rules are more complex than this since units which are likely to confuse cannot be used: listing weights in newtons, for example, is technically correct, but not easily understood by most people.

* A function is a semivariogram if and only if it is a conditionally negative definite function, i. e. for all weights subject to and locations it holds: which corresponds to the fact that the variance of is given by the negative of this double sum and must be nonnegative.

This follows from the fact that at the optimal solution the gradient of the objective function is a linear combination of the constraint function gradients with the weights equal to the Lagrange multipliers.

Despite the fact that his cybernetic body has little to gain from exercise, Batou often lifts weights and jogs.

In Western Europe their small size and the fact that they can be found near other buildings and associated finds of loom weights has led to theories that they had a specialised purpose such as for weaving sheds.

In a plain EMA the latest few days dominate and the EMA follows recent prices quite closely ; however, applying it three times results in weightings spread much more broadly, and the weights for the latest few days are in fact smaller than those of days further past.

Should, however, the efforts of the two Governments remain fruitless, this would demonstrate the fact that England and France are responsible for the continuation of the war, whereupon, in case of the continuation of the war, the Governments of Germany and of the U. S. S. R. shall engage in mutual consultations with regard to necessary measures.

In fact, all measures derived from classical test theory are dependent on the sample tested, while, in principle, those derived from item response theory are not.

These apparently retrogressive measures simply amounted to a statesmanlike recognition of the fact that the pagan element was still the strongest force in Lithuania, and could not yet be dispensed with in the coming struggle for nationality.

In March he issued a royal decree forbidding the use of the term " Palestine " in any legal documents, and pursued other measures designed to make the fact that there would not be an independent Palestine clear and certain.

It is reputed to be a mile long, but in fact measures approximately one kilometre.

" Furthermore, despite the fact that Kuniaki Koiso was not directly responsible for the war crimes committed by the Japanese Army, he took no measures to prevent them or to punish the perpetrators when, as Prime Minister, it was within in his power to do so.

In fact, Jackson was quite impressed with the measures the Red Sticks took to protect their position.

In fact, it measures from the bottom of the first step on the pedestal to the tip of the admiral's hat.

The loss of life during the 1985 eruption was due partly to the fact that scientists did not know precisely when the eruption would occur, and the authorities would not take costly preventative measures without clear warnings of imminent danger.

Women who became pregnant would often take measures to conceal the fact that the father was a foreign soldier, if possible.

He suggests that since the multiple measures used have produced results that bear little relation to one another, researchers should refrain from making comparisons between scales that are in fact measuring different things.

However, while Kirchner's reliance on price controls and similar administrative measures ( often aimed primarily at foreign-invested firms such as utilities ) clearly ran counter to the spirit of the Consensus, his administration in fact ran an extremely tight fiscal ship and maintained a highly competitive floating exchange rate ; Argentina's immediate bounce-back from crisis, further aided by abrogating its debts and a fortuitous boom in prices of primary commodities, leaves open issues of longer-term sustainability.

Although some of the measures taken can be understood as part of a progressive movement, most of them are in fact conservative, since their intent was to maintain the status quo established by the previous military government.

The fact that crowds greeted the miners on their march showed that the government's austerity measures were deeply resented, mostly in regions dependent on heavy industries earmarked for closure.

VORP's usefulness is in the fact that it measures contribution at the margin ( as in marginal utility ).

Although the matter of these plots was largely fictitious, they reflected two uncomfortable political realities: first, that Charles II had ( somewhat insincerely ) undertaken to take measures to convert the kingdom to Catholicism ( in a 1670 treaty with Louis XIV of France ); second, that his younger brother and heir presumptive, James, Duke of York, had in fact converted to Catholicism, an act that many Protestant Englishmen in the 1670s saw as only one step below high treason.

None of these conditions was in fact inaugurated or maintained for the reason that the responsible commanders failed to consult and cooperate as to necessary action based upon the warnings and to adopt measures enjoined by the orders given them by the chiefs of the Army and Navy commands in Washington.

The coalition contends the NRA's goal " to take whatever measures necessary, including force, to abolish oppressive government ” is, in fact, a plot to oppose any regulations on guns and degrades the institutions that protect other freedoms.

He was aware of the fact that the then prevailing environmental policy was not paying enough attention to the great material flows ; he advocated that besides already existing successful legal measures for pollutant emissions limitation it would be necessary to reduce the material flows in order to conserve the finite material, energy and nature resources.

In fact, there are d-dimensional Hausdorff measures for any d ≥ 0, which is not necessarily an integer.

: Statements of fact and assumptions that define the expectations of the system in terms of mission objectives, environment, constraints, and measures of effectiveness and suitability ( MOE / MOS ).