The word
"evidentiary" refers to something that provides evidence or proof to support a claim, argument, or legal case.
Full definition
The trial Judge Frederick H. Weisberg, held four weeks of
evidentiary hearings on the admissibility of the expert testimony offered by the plaintiffs.
It was not feasible to summarily decide the issue of recovery under the Settlement without a full
evidentiary basis for a determination of causation.
In most civil cases lawyers still create hard copies of
evidentiary records, books of authorities and factums.
Before a court will review prosecutorial discretion, an accused must meet a threshold
evidentiary burden.
Court Issues
Evidentiary Ruling Regarding Liability in Fatal Trucking Accident Regarding Expert Testimony, New Mexico Personal Injury Lawyer Blog, June 3, 2016.
However, legal claims of error, such as
evidentiary issues, can be appealed if the issue is properly raised and preserved below.
[64] A requirement for
evidentiary support in requests for additional documents and third party records also prevents against unwarranted «fishing expeditions» based solely upon pro formapleadings...
(ii) clear untruths about me, what I said and heard in the course of the trial, as well as the existence of
evidentiary foundations supporting what I wrote in my Reasons; and
It was however one year after X, Y and Z that the CJEU was called to provide guidance on
evidentiary standards in SOGI asylum claims in another case concerning three gay men seeking asylum on the basis of their sexual orientation, who were not deemed credible (Joined Cases C - 148 / 13 to C - 150 / 13, A, B and C v Staatssecretaris van Veiligheid en Justitie, 2 December 2014).
This is not about snooping, but more about preserving something with
evidentiary value at a sensitive time and pending reasonable grounds to look.
Beginning over 35 years ago, our early work focused on customers in the private sector with significant compliance needs, i.e., organizations where providing
evidentiary material demonstrating compliance with laws and regulations is critical to sustaining operations and / or avoiding fines.
In addition to having experience in all phases of civil proceedings such
as evidentiary hearings, motion practice, pre-trial preparation, and trials, Mr. Singh has on several occasions represented clients in successfully obtaining or defending against preliminary injunctions and temporary restraining orders, including successfully defending such results on appeal.
Our efforts also ensured that any confidential evaluatory documents released to TEA can only be used for purposes of an investigation, and those documents must remain confidential unless produced in accordance
with evidentiary rules for a contested case.
For one thing, he had innovated certain
evidentiary requirements for the wife to meet, that were simply not contained anywhere in the Family Law Rules (FLR).
He then held that a determination of whether the Windsor Health Unit and / or the Windsor Police owe the plaintiffs a private law duty of care should be determined on a
full evidentiary record at trial.
For instance, state consent determination guidelines are «highly onerous» and require Traditional Owners to meet «a significant
evidentiary threshold».
And rules of professional conduct, like Model Rule 3.4, would prohibit lawyers from removing metadata
from evidentiary documents if it has potential probative value.
While climate change is the greatest threat, there are many other threats that, if we do not reverse them, could cause the collapse of our present global civilisation; yet far more people are concerned with beliefs that are entirely
without evidentiary support than are trying to move the World toward sustainability.
BY MICHAEL RICONDA Tarrytown — The Nuclear Regulatory Commission is
holding evidentiary hearings on the safety of the Indian Point nuclear power plant.
The bill will repeal: abortion prohibitions, the Vader murder law, anal intercourse prohibitions, the offence of spreading false news, vagrancy, some impaired driving
evidentiary shortcuts and some limits on credit for pre-sentencing custody.
I will note, firstly, that that theory is a conspiracy theory, and needs to meet a very high
evidentiary bar before we would trust it; and that climate scientists are not paid sufficiently highly to be in that 2 %, or anywhere close.
It may be futile to try to clarify when fear
lacks evidentiary support, or — as is often the case — simply exists in the absence of evidence one way or the other, but it's surely worth trying.
New York paid its longstanding due to Barbara Hammer this past fall, primarily with
Evidentiary Bodies, an expansive survey still on view at the Leslie Lohman Museum of Gay and Lesbian Art, and an ongoing series of screenings hosted by various venues dedicated to films the pioneer lesbian filmmaker created throughout her four decade career.
Justice Deschamps advocated that the law should move towards simplifying
evidentiary principles, not further complicating them and making truth - finding more cumbersome for the trier of fact.
Drafted detailed and fact based
evidentiary documents that would ensure successful prosecution of criminal actions
The Court recognises that these difficult
evidentiary questions are made even more difficult by the fact that the traditional laws and customs are transmitted orally from generation to generation.
Although some respondents may question the need for a regulatory body to put «expert» witnesses in front of a panel that may itself consist of professional members with «expert» knowledge, many cases establish expert witnesses as necessary for a
proper evidentiary record, even though the entire panel may possess the same knowledge, e.g., to allow expertise to be tested by cross-examination, and to permit a review or appeal body to carry out its function.
The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious
evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.
«Not only are we creating offences to broaden the scope, there is a tilting of the balance of
evidentiary proof, very much in favour of the government,» says Michele Hollins, president of the CBA.
Right before the trial was set to start, the trial judge ruled that Freeman's only expert witness was unqualified to offer any opinions on the issue of causation, thus creating a fatal
evidentiary gap in the plaintiff's case.
Then, they crash with the judicial system, which, as said before, is very intricate and slow and requires very
strong evidentiary bases, before condemning to compensation.
«Preservation of Error for
Evidentiary Objections,» American Board of Trial Advocates, Central Florida Chapter (May 19, 2015)
In turn, appellate courts since Kumho have focused on whether the trial judge abused his discretion in admitting or excluding the testimony and, in some cases, have examined, without focusing on the Daubert factors, whether the expert testimony satisfied
other evidentiary standards such as whether there was an adequate factual foundation for the expert's testimony.
Weekend judging means that you're not only teaching your students the rules of evidence, you're presiding as a judge
making evidentiary rulings each weekend.
Three
Evidentiary Claims examines the relationship between images and objects, and presents a set of possibilities for how we might talk, think, and read these distinct and hybrid mediums of photography and sculpture.
In Illinois car accident jury trials, one of the more
important evidentiary issues whether photographs of the cars or trucks or motorcycles involved in the crash will be admitted into evidence for the jury to consider.
Note, «Ex Post Facto Limitations On Changes In
Evidentiary Law: Repeal of Accomplice Corroboration Requirements,» Fordham Law Review 55 (1987): 1191
This unprofessional and unethical creature jerked me around for nearly a month, claiming that she needed to do research on my case, when in fact, all of the research that I presented to her that day in a chronology of firmly
established evidentiary documents was already completed.
The defendant's appeal involved
evidentiary challenges to the plaintiff's two expert witnesses as well as a challenge to the sufficiency of the plaintiff's claim.
As has been consistently held by the Board and Canadian courts in trademark opposition cases, this is yet another example demonstrating that «soft evidence» about surveys and online visits often falls short of the
required evidentiary burden of proof to demonstrate substantial brand awareness in Canada.
Phrases with «evidentiary»