Sentences with phrase «by prejudicial»

The question Judge Koh will ask herself is whether or not the probative value of any evidence is outweighed by prejudicial jury confusion.

C.A., Oct. 17, 2013)(35622) Judgment rendered Apr. 23, 2014 Abella J.: — ``... [no] basis for interfering with the reasons of Gillese J.A. and, in particular, with her conclusion that the trial judge made no error in determining that the minimal probative value of the proposed evidence was substantially outweighed by its prejudicial effect».

R. v. Jackson, 2014 SCC 30 (35622) Abella J.: «The trial judge made no error in determining... the minimal probative value of the proposed evidence... substantially outweighed by its prejudicial effect».

Prima facie relevant evidence is admissible, subject to a discretion to exclude where the probative value is outweighed by its prejudicial effect.

[17] I have considered whether the probative value of the photographs in this case is outweighed by their prejudicial effect on the jury's assessment.

By prejudicial effect, I mean the danger that the evidence will be misused.

However, I also find that the value of the new family home has such little probative value in relation to the propensity of the plaintiff to be working full - time or part - time that it is outweighed by the prejudicial effect of such evidence.

By contrast, LGBTQ advocates argue that violence and bias against transgender people is a very real problem exacerbated by prejudicial laws.

Not exact matches

And might it finally be best to remove the problem at the root simply by avoiding the hiring of people who bear these religious and moral sentiments, which the Supreme Court has now declared to be prejudicial?

«In law, hate speech is any speech, gesture or conduct, writing, or display which is forbidden because it may incite violence or prejudicial action against or by a protected individual or group, or because it disparages or intimidates a protected individual or group.»

By letting go of their projection of prejudicial Parent attitudes onto God, they free themselves to experience the nurturing, loving Parent and reality - affirming Adult aspects of God's Spirit.

By mid eighteenth century in New Haven, William Livingston rephrased a «Puritan principle» to read «The civil Power hath no jurisdiction over the Sentiments or Opinions of the subject, till such Opinions break out into Actions prejudicial to the Community, and then it is not the Opinion but the Action that is the Object of our Punishment.

By contrast, I have heard of cases pertaining to some newer member states where the state in question would not even send a representative or written arguments to the court (here again I think it was about prejudicial questions, not infringement proceedings but it shows how specific countries approach EU litigation in general).

A former Attorney General and Minister of Justice, Ayikoi Otoo, has described as prejudicial and unconstitutional the screening of the investigative piece by ace journalist Anas Aremeyaw Anas.

Over the weekend, de Blasio campaign lawyer Laurence Laufer, sent a seven - page letter to Sugarman and Manhattan District Attorney Cyrus Vance Jr., who is investigating the issues raised in the letter, calling the leak of the memo a «highly prejudicial and perhaps politically - motivated act,» according to a copy of the letter obtained by DNAinfo.

De Blasio campaign lawyer Laurence Laufer sent a seven - page letter to Sugarman and Manhattan District Attorney Cyrus Vance Jr., who is investigating the issues raised in the letter, calling the leak a «highly prejudicial and perhaps politically - motivated act,» according to a copy obtained by DNAinfo New York.

The Sept. 22 arrests of Aiello and Gerardi were part of the «prejudicial drama» directed by prosecutors, Williams argued.

Douglas Hogg, another Tory, has tabled a series of amendments with the Liberal Democrat David Heath also calling for the inquiry to wind up by the end of next month, but his proposal would make allowance for the report to be redacted so as to leave out any material prejudicial to the Green investigation.

He said despite his escape of series of assassination attempt and arrest over his hue and cry on the maladministration in K ogi, he was detained and charged to court by the State Government and yet wanted to take his life, an act which he considered as prejudicial and extra judicial

She also said she does not accept «that any prejudicial effect of otherwise improper comments is magically dispelled by sprinkling the words «alleged» or «allegations» liberally throughout the press conference or speech, or by inserting a disclaimer that the accused is «innocent unless and until proven guilty» at the end of an otherwise improper press release.»

Steven Molo, Silver's attorney, said that he will aim to have the charges tossed because of prejudicial statements made by Bharara to the press, in a speech and in a television interview before his indictment by a grand jury last week.

«In light of ongoing investigation, therefore, we do not want to pre-empt the outcome by making statements prejudicial to the efforts of the law enforcement agencies.

Another judge rejected a request by lawyers for former Assembly Speaker Sheldon Silver to exclude evidence from his federal corruption trial that he argued was irrelevant and prejudicial.

«In any event, the leak is certainly a highly prejudicial and perhaps politically - motivated act, which is contrary to both your non - partisan, independent function and to the bi-partisan charge of the agency by which you are employed — that is, if you or your office was responsible, directly or indirectly,» Laufer wrote.

Research conducted for Marie Stopes International by market research company NOP World shows that 20 years into the HIV / AIDS epidemic, a significant minority of British people still display prejudicial and ignorant attitudes towards the disease.

«In any event, the leak is certainly a highly prejudicial and perhaps politically - motivated act, which is contrary to both your non-partisan, independent function and to the bi-partisan charge of the agency by which you are employed — that is, if you or your office was responsible, directly or indirectly,» Laufer wrote to Sugarman in a letter made public.

These biases create some immediate concerns about our increasing reliance on artificially intelligent technology, as any AI system designed by humans to be absolutely «neutral» could still reinforce humans» prejudicial thinking instead of seeing through it.

Contrary to stereotypes of online daters popular at the time of the study, and in direct contrast to the prejudicial views held by participants (especially the undergraduates) in the Donn and Sherman (2002) study, Brym and Lenton found that their sample of online daters was in fact more sociable offline than the general Canadian population.

According to the D.C. Association of Chartered Public Schools, these prejudicial measures resulted in the unlawful underfunding of charter schools by $ 2,100 per pupil.

It is extremely damaging and it stunts those who make these insulting and prejudicial comments — not to mention the damaging effect it has on the children victimized by school funding inequities.

Malloy implemented an extremely prejudicial evaluation system for teachers, brought in Common Core and its associated testing (SBAC), crushed the OPT OUT movement, reduced funding for public schools while increasing funding for Achievement First Charter Schools, increased funding for CONNCan (a private Charter School advocacy group), appointed Stefan Pryor (CEO of Achievement First) as Commissioner of Education, vastly increased standardized testing throughout the state, and tried to abolish of tenure for teachers, all endorsed and supported by Melodie Peters against the wishes of the membership in CT..

Members are reminded that, according to the DCA Bylaws, charges may be preferred against a member by any other member (s) «for alleged misconduct prejudicial to the best interest of the Club or the Breed.»»

The appeals court rejected Sienkowski's argument, holding that under Indiana law a party can not attack the validity of a verdict by juror testimony about jury deliberations unless it relates to (1) drug or alcohol use by any juror, (2) the question of whether extraneous prejudicial information was improperly brought to the jury's attention or (3) whether any outside influence was improperly brought to bear upon any juror.

46 The exception does, however, appear to be applicable only where a prejudicial sanction is imposed, not for penal purposes, but as a prophylactic measure to protect society against future wrongdoing by that person.

In this case, presiding Judge Sir Henry Globe QC felt compelled to abandon the trial after evidence of «an avalanche of prejudicial comment» was presented to him by the police.

Public stigma includes the prejudicial attitudes and discriminatory behaviours expressed toward people with a mental illness by the public.

The courts must take such steps by rule and regulation that will protect their processes from prejudicial outside interferences.

More specifically, the trial court might well have proscribed extrajudicial statements by any lawyer, party, witness, or court official which divulged prejudicial matters, such as the refusal of Sheppard to submit to interrogation or take any lie detector tests; any statement made by Sheppard to officials; the identity of prospective witnesses or their probable testimony; any belief in guilt or innocence; or like statements concerning the merits of the case.

First, the court declined to address an errant statement made by the plaintiff's counsel during closing arguments that the defendants considered prejudicial.

«The verdict, while disappointing, is not surprising, given the unprecedented and highly prejudicial rulings imposed by the trial judge,» said a Morgan Stanley spokesperson.

But when applying that test to the facts, the Court observed that the national (Swedish) measure was connected (in part) to infringements of the VAT Directive, and therefore was designed to implement an obligation imposed on the Member States by EU law «to impose effective penalties for conduct prejudicial to the financial interests of the European Union».

Judges I've spoken to expressed no concern about such motions, but it's reasonable to suggest that the more potentially inflammatory and therefore prejudicial the evidence, the more difficult it might be for a judge to not be influenced or affected by it.

«Any prejudicial effect this evidence might have had on the minds of the jurors was far outweighed by its probative value on the issue to be determined by the jury.»

Despite this finding by the Court of Appeal, only Justice Green found that the evidence admitted — of prior sexual history — was so prejudicial that it warranted a new trial on the charges.

This form of litigation attack is made by way of affidavit and is often merely a tactic by a wealthy litigant to harass the other, as it must be met, or to insert into the Court file material prejudicial to the other litigant and not necessarily lost on the eventual trial judge, who may wish to peruse the Court file before the hearing.

Second, the stakeholder must then show that those reasonable expectations were violated by conduct that was «oppressive, unfairly prejudicial to or unfairly disregarded the interests of any security holder.»

It was determined that the unredacted documents were considered prejudicial to the plaintiff and they were barred by the pretrial motion.

To determine what is just and reasonable in the context of a particular factual matrix, the court must determine what the reasonable expectations of the claimant were and whether the conduct of the corporation (or the directors of the corporation) violated those reasonable expectations by conduct that was oppressive, or unfairly prejudicial, or which disregarded the interests of the complainant.

Member States, institutions of the Communities and any other natural or legal persons may, in cases and under conditions to be determined by the Rules of Procedure, institute third - party proceedings to contest a judgment rendered without their being heard, where the judgment is prejudicial to their rights.

The Ontario Business Corporations Act provides a wide range of remedies to a person affected by the actions of a corporation or its directors that are found to be oppressive, unfairly prejudicial, or unfairly disregard the interests of that person.