Sentences with phrase «basis by inference»

The question on this appeal is whether the trial judge erred in law in the manner in which she addressed what remained of the Crown's case: that the driving was such a marked departure from the standard expected as to establish mens rea on an objective basis by inference and attribution, and that the respondent's own evidence did not support an exculpatory defence.

Not exact matches

Any conclusions regarding occupancy of a single strand of DNA by different transcription factors is based on inference.

Prior to this study, diet inference was primarily based on analysis of prey remains consumed by the whales at the surface, and it was uncertain if these were always representative of the total diet.

Lastly, the animals had to make inferences about the location of the hidden food themselves, based on causal cues such as the noise produced by an object containing food when shaken.

Most analytical approaches to this problem are rather rudimentary and involve calculating simple correlations among the genes whose expression changes in response to a perturbation, clustering the genes by molecular or known functional class, and drawing crude inferences about mechanism on that basis.

By basing the Archive on primary materials, the user assumes the role of historian / researcher, finding materials according to his / her own preferences and drawing inferences based on their own synthesis.

By itself though, a strategy - based approach to practicing making inferences is at least insufficient.

It covers the following lesson objectives: • become very familiar with... traditional tales, retelling them and considering their particular characteristics • begin to punctuate sentences using a capital letter and a full stop, question mark... • make inferences on the basis of what is being said and done • write sentences by: saying out loud what they are going to write about; composing a sentence orally before writing it; sequencing sentences to form short narratives; re-reading what they have written to check that it makes sense • read aloud their writing clearly enough to be heard by their peers and the teacher.

It covers the following National Curriculum learning objectives: - develop pleasure in reading, motivation to read, vocabulary and understanding by: listening to, discussing and expressing views about a wide range of contemporary and classic poetry, stories and non-fiction at a level beyond that at which they can read independently - becoming increasingly familiar with and retelling a wider range of stories, fairy stories and traditional tales - drawing on what they already know or on background information and vocabulary provided by the teacher - making inferences on the basis of what is being said and done - answering and asking questions - predicting what might happen on the basis of what has been read so far - using dictionaries to check the meaning of words that they have read - checking that the text makes sense to them, discussing their understanding, and explaining the meaning of words in context

Students will look at pictures, and based on the photos or cartoons, make an inference backed up by the evidence displayed on the screen.

Now to be clear, here, I do think that not just «grossly ineffective» but also simply «bad teachers» should be fired, but the indicators used to do this must yield valid inferences, as based on the evidence, as critically and appropriately consumed by the parties involved, after which valid and defensible decisions can and should be made.

It is the field of economics which is the quantitative analysis of actual economic phenomena based on the concurrent development of theory and observation, related by appropriate methods of inference.

By using flat priors, the posterior density investigated is mathematically equal to the likelihood and in that sense, compared to likelihood - based inference, the priors are not expected to introduce bias.

The follow - up to MBH98 by Mann et al (1999) was entitled «Northern Hemisphere Temperatures During the Past Millennium: Inferences, Uncertainties, and Limitations» (italics added for emphasis), and indeed emphasized the substantial remaining uncertainties in proxy - based estimates of Northern Hemisphere temperature change in past centuries.

(Revised September 23, 2016 by addition of a new final section by Dr. James Wallace) As discussed in my book, Environmentalism Gone Mad, two of the reasonable inferences from the Catastrophic Anthropogenic Global Warming (CAGW) hypothesis (the scientific basis for the world climate scare pushed by the United Nations and the Obama Administration) are that atmospheric carbon dioxide (CO2) levels should affect global temperatures, and that the resulting heat generated should be observable by a hot spot about 10 km over the tropics.

The new research report is consistent with the findings of Environmentalism Gone Mad that CAGW is invalid because reasonable inferences from it are not supported by comparisons with real world data (as required by the scientific method), but goes beyond it by providing still another, and a more sophisticated, basis for rejecting the UNIPCC / USEPA CAGW hypothesis.

That's not cherry picking either; that's making a testable inference based on looking at all the data; one that will be confirmed or falsified as time goes by.

These inferences are not based on actual simulations of tropical cyclones, whose core regions of strong winds can not be resolved by today's global climate models.

In the discovery of such a basis, a crucial step would be to replace the magnitude of ECS by the magnitudes of various limiting relative frequencies as the subjects of Bayesian inferences, for unlike the ECS, the limiting relative frequency has but a single uninformative prior.

Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary.

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

In respect of (2), the Court of Appeal reiterated the test to establish the defence of fair comment, being: (a) the comment must be on a matter of public interest; (b) the comment must be based on fact; (c) the comment, though it can include inferences of fact, must be recognisable as comment; (d) whether the person honestly express that opinion on the proved facts; and (e) whether the defendant was actuated by express malice.

This requirement can be satisfied either by adducing direct evidence or by asking the court to draw an inference based on, notably, whether the link was user - activated or automatic; whether it was a deep or a shallow link; whether the page contained more than one hyperlink and, if so, where the impugned link was located in relation to others; the context in which the link was presented to users; the number of hits on the page containing the hyperlink; the number of hits on the page containing the linked information (both before and after the page containing the link was posted); whether access to the Web sites in question was general or restricted; whether changes were made to the linked information and, if so, how they correlate with the number of hits on the page containing that information; and evidence concerning the behaviour of Internet users.

The appellant argued apparent bias on the basis that the juror would have known the inferences to be drawn from the failure of a witness to identify the appellant on a Viper identity parade and from his «no comment» interview, also that the appellant had explained this interview by his dislike of the police.

The overriding question I used to ask was: By answering this question, is my client assisting the prosecution or providing a basis on which the Crown may draw an inference that tends to provide disclosure of the defence case?

«By prohibiting admission of sexual history evidence to support the inferences leading to the twin myths, parliament has signalled that because of the significant dangers of influencing the jury to engage in lines of reasoning based on those myths, it is not sufficient to allow them to hear it even with an appropriate cautionary instruction.»

The Defendants submitted there was no credible evidential basis to support the trial judge's finding and that any inference that the radiator had been damaged by the Defendants» actions was pure speculation.

United States First Circuit, 10/11/2010 US v. Brown Defendant's conviction for possession of cocaine base with intent to distribute is affirmed where: 1) although the district court's factual findings and the inferences made from those findings, which formed the basis of its conclusion that reasonable suspicion existed to stop a car, are not compelled by the record or by the facts, both are nonetheless reasonable and therefore pass constitutional muster; 2) the affirmance of the district court's finding that the officers had reasonable suspicion to stop the car forecloses the need to address defendant's challenge to the district court's alternate conclusion that the car was not seized when the officers first approached; and 3) there was no abuse of discretion in the district court's denial of defendant's motion to suppress evidence without an evidentiary hearing.

Davis LJ said that the lack of reference to the accident in the notes did not provide a sufficient basis for holding that the claimant's evidence was not credible in all material respects or for justifying the drawing of an inference that he had been knowingly party to an attempted fraud by way of a staged collision.

[111] The difficulty of building a base for the court to draw inferences on the content of traditional laws and customs prior to sovereignty, their ongoing transmission from generation to generation by oral form and their present possession is, under these amendments, almost insurmountable.