Sentences with phrase «as evidentiary»

Procedurally, the determination that collateral estoppel applies would usually be made on a motion for summary judgment, or in the preparation of jury instructions which state that liability has been established and that the jury is to limit itself to determining causation and damages, rather than as an evidentiary matter.

Generally speaking, it's a bad idea to ask why people do things as a means of ascribing liability (which is not to be confused with asking why people do things as an evidentiary means of figuring out that they intended to do something, which is a good idea).

Criminal Law: Third Party Suspect Evidence; Similar Fact; Role of Trial Judge as Evidentiary Gatekeeper R. v. Grant, 2015 SCC 9 (35664) Known third party suspect evidence and similar fact evidence tests not be stretched beyond particular circumstances they were designed to address.

Much of this chapter deals with evidence in the context of digital signatures, such as the evidentiary value of a certificate.

Or it may happen through direct interactions with a judge, such as evidentiary objections or motions, novel legal arguments of how the law applies to facts, or motions or other arguments that ask the judge to shape the law to fit a previously unanticipated circumstance.

In addition to providing an overview of new accident benefits arbitration process under the License Appeal Tribunal (LAT), which came into effect on April 1, 2016, Michelle will share valuable anecdotal discussion of what counsel have experienced so far on both sides, such as evidentiary and production issues at the case conference stage and before a hearing, what evidence adjudicators are looking for or emphasizing, the format of the hearing (written, oral, hybrid), witness issues, etc..

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.

Not only does it impose risks such as potential violations to privacy as well as evidentiary issues, but it also presents other threats such as informational security risks.

An international all - star roster of academics is providing critical scientific data as the evidentiary backbone for the United Nations Intergovernmental Panel on Climate Change, which hopes to prod perceived green slackers like Canada into more aggressive environmental reforms.

CO2 Science misrepresents Doran's study as a «major blow to the CO2 - induced global warming hypothesis... many a climate alarmist jumped on the global warming bandwagon... however, the bottom began to fall out of the poorly constructed bandwagon, as the evidentiary glue that held it together began to weaken.»

The opportunity that the prize and its correlated resources present to the artist have the potential to be immeasurable and profound: the recognition, the cash prize, the ability to make new work, and the publication as evidentiary document (or as an artist's book).

In cases where complaints from the public serve as the evidentiary basis for the director to prepare a petition, at least one of the complainants or his or her designee in the matter must appear and testify at the hearing or the complaint shall be dismissed.

(2) Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the Director to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition.

Not exact matches

Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...

This type of argument is again broadly evidentiary in nature, although it reflects not the «turn to the subject» characteristic of the appeal to individual experience, but rather a «pragmatic» or «linguistic» turn, as illustrated by Whitehead's observation that the evidence of human experience as shared by civilized intercommunication «is also diffused throughout the meanings of words and linguistic expressions» (cited in TPT 74).12 Such an appeal is an essentially historical form of argumentation.

I recognize that Henry Nelson Wieman, Bernard Meland, and Bernard Loomer sometimes each wrote as though he had developed his picture of God primarily through an evidentiary or inductive empiricism, establishing the truth about God by simply describing religious experience.

If I ruled the planet, religions would would be outlawed as a con game unless each and every part of their dogma was PROVEN TRUE by our 21st century evidentiary standards.

Other evidentiary systems (eg., legal) work better for some topics — such as religion.

Despite the publication of statements and commentaries querying the reliability of the findings, [2 - 6] this faulty study now forms the evidentiary basis for an American College of Obstetricians and Gynecologists Committee Opinion, [7] meaning that its results are being presented to expectant parents as the state - of - the - art in home birth safety research.

As policymakers and practitioners decide to invest in home visiting services during pregnancy and the early years of the child's life, they should examine carefully the evidentiary foundations of the program in which they invest.

Speaking on the importance of the forensic centre, the Commissioner said the facility which would be driven by the Ministry of Justice with active support of the Governor, will focus on DNA analysis to support the justice sector in diverse areas such as «collection and preserving reference and evidentiary DNA which can later be used in identifying criminals; decoding familial relationships of individuals which could also be a tool for the judicial system; and identifying victims and remains after natural and manmade calamities.»

During a last - minute hearing late Tuesday, Arterton gave Rowland an evidentiary win when she allowed him to introduce as defense evidence confidential, or privileged, emails exchanged by Brian Foley and his criminal defense lawyers.

The basic problem with the teacher professionalism agenda, as currently constructed, is that it rests on a shaky evidentiary and research base concerning its ability to boost student learning or to address either the quality or quantity challenges of the current teaching force.

Nevertheless, the administration tried to persuade the public that the letter with 100 signatures outweighed the one from a mere seven reading scientists, as if an educators» plebiscite could resolve the evidentiary questions about the effectiveness of the reading program.

Education researchers had for decades largely ignored the emergence of more rigorous methods for program evaluation and, as a result, the evidentiary cupboard was bare.

Unfortunately, this evidentiary base has been largely ignored in many of the countries that the authors describe as the «Anglosphere,» most notably in the United States and England, but also in parts of Australia and Canada.

In the late 1940's, alcohol breath testing replaced blood and urine sample testing as a means of screening subjects and producing evidentiary results for prosecution..

Revolving around a retrospective at Leslie Lohman Museum for Gay & Lesbian Art, Evidentiary Bodies as a project encompasses exhibitions, a publication, performances, readings, and an extensive film program at various locations across New York City.

Three Evidentiary Claims Artists: Erin Shirreff, Lesley Vance, and Michael Jones McKean Curated by Rachel Cook Three Evidentiary Claims examines the vexed relationship between images and objects, offering a set of triangulations as a reading strategy for how to see, think, and experience the creation of meaning within artworks.

Ezawa's approach is not so much an essentialism of these images through color as it is a process of evidentiary discovery.

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.

Take that as a model — make some evidentiary claims, and cite the references... am I nuts here?

Prosecutors choose to name persons as unindicted co-conspirators for a variety of reasons including grants of immunity, pragmatic considerations, and evidentiary concerns.

A 1996 report by top military personnel in the U.S., «Weather as a Force Multiplier: Owning the Weather in 2025» to evidentiary details (like governmental spraying schedules, chemical orders, correct nomenclature used in airline operating manuals, and calls for geoengineering by economists) to support its notion of «heavy involvement of governments at the top level in climate control projects.»

The evidence is piling up that «climate change,» formerly known as «global warming,» is losing evidentiary support, despite recent «preliminary findings» by a group of «experts» from the National Oceanic and Atmospheric Administration (NOAA) that a Washington Post editorial suggests may prove, «warming has boosted the chances, in some cases significantly, that certain unwelcome weather or weather - related disasters will occur.»

It continues: «Mr. Trump hereby demands that you immediately cease and desist from any further publication, release or dissemination of the book, the article, or any excerpts or summaries of either of them, to any person or entity, and that you issue a full and complete retraction and apology to my client as to all statements made about him in the book and article that lack competent evidentiary support.»

Determining whether an invention obvious, at what point in time, to whom, and with what level of effort, all raise complicated evidentiary and legal issues that often have to be analyzed as part of patentability and validity opinions or at trial.

But at this stage, without any evidentiary development, we must accept his allegations otherwise as true,» the opinion states.

The evidentiary rulings as to relevance can only be based upon the trial judge's understanding at that time of what the evidence is expected to show, and here the judge made a proper ruling.

-- The «Mediation Privileges» are actually quite confusing when examined carefully.2 So for purposes of the debriefing, just introduce the concept of an evidentiary privilege and indicate the legislature's intent to «insulate» the mediation process so as to encourage settlement.

Justice Brown wrote, at paragraph 36, «By resorting to rule 20 to compel the self - represented appellant to deliver an expert report, without meeting their own evidentiary obligations as moving parties under the rule, the defendants used the rules in a procedurally inappropriate manner.»

Thus, in our system, evidentiary rulings provide the context in which the judicial process of inclusion and exclusion approves some conduct as comporting with constitutional guarantees and disapproves other actions by state agents.

Lastly, the Court dismissed the appellant's submission that the evidentiary burden was on the respondent to establish that Ontario as compared to China, was a more convenient and appropriate forum to deal with the dispute.

«Where [an] evidentiary foundation exists and the record discloses that the trial court has given consideration to each of the statutory factors, we will not disturb its determination as to spousal support on appeal.»

Jury instructions inform fact - finders there is no difference in the evidentiary weight given to direct evidence as opposed to circumstantial evidence.

There is nothing special about handwriting in or crossing out conditions, except that it poses a potential evidentiary problem as to what exactly was agreed to, if for example one party threw away their copy and then maintained that the crossed - out clause had not been crossed out.

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.

So, as Josh pointed out, anticipate evidentiary issues in advance and handle them in limine.

Library Boy noted yesterday that as a consequence of the Legislation Revision and Consolidation Act federal consolidated statutes and regulations are «official» and can be used for «evidentiary purposes.»

Indeed, there is often considerable evidentiary wrangling at all stages of litigation, and those harmed as a result of possible negligence would be well served enlisting the aid of counsel experienced with the milieu of evidentiary issues that may arise.