Sentences with phrase «because upon evidence»

Not exact matches

«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.

If you attempt to infringe upon the liberties and actions of others because of your beliefs, I have the obligation to demand that you provide verifiable evidence that your beliefs are based in fact.

Mr. Hayward says he believes in God because he perceives God as an immediate reality not dependent upon evidence.

With all due respect, you can provide no empirical evidence for the «immutable good nature of god» because, after all, this is an opinion based upon presuppositionalist religious faith (i.e. the cart is way out in front of the horse).

atoms... all brought about by the scientific method have evidence as to their the reason why things are the way they are... NOT god... in EVERY instance god has proven not to be what it is... the reason a volcano explodes is not because the wrath of god is upon a community... we understand the process behind the event but we didn't always KNOW that.

I come from a very religious family and left it behind because upon exploring and seeking answers, nothing melded and the lack of evidence for a god piled up to the point where there was no longer justification for believing.

Because one does not have to presuppose anything upon insufficient evidence to experience the wisdom of many of the things you have taught.

Not surprisingly, the media feeding frenzy has resulted, anecdotal evidence suggests, in a sharp drop in youth football registrations for this fall's season, with parents fearful that playing football will almost inevitably expose their kid to an unreasonable risk of injury (which, of course, is patently untrue; more than 7 million kids in the U.S. currently play football, very few of whom, statistically speaking and despite a few well - publicized cases - are likely to end up committing suicide because of the hits they sustained playing the sport, and millions upon countless millions who have played football over the past century without apparent ill effect).

Based on the statistician's findings, Lori Feldman - Winter, a co-author of the new guidelines and a professor of pediatrics at Cooper University Health Care in Camden, N.J., stated: «Upon further review of the available evidence, it is clear that we can not safely recommend bed sharing because of the hazard,» Feldman - Winter says.

This is because, upon evidence, the President submitted the Ford Expedition gift from the Burkinabe contractor, Mr Djibril Freres Kanazoe to the state, Graphic Online reports.

«That is a significant part of this decision, that they find sufficient evidence not only because it means he could be retried but also because it shows there is sufficient evidence to sustain a conviction in this case upon retrial,» he said.

Because high - stakes testing is so central to the entire apparatus of the corporate educational reforms that are being forced upon us — and because of the overwhelming evidence of the invalidity and injustice of using the tests as they are presently being used — we are publishing Pencils Down: Rethinking High - Stakes Testing and Accountability in Public SBecause high - stakes testing is so central to the entire apparatus of the corporate educational reforms that are being forced upon us — and because of the overwhelming evidence of the invalidity and injustice of using the tests as they are presently being used — we are publishing Pencils Down: Rethinking High - Stakes Testing and Accountability in Public Sbecause of the overwhelming evidence of the invalidity and injustice of using the tests as they are presently being used — we are publishing Pencils Down: Rethinking High - Stakes Testing and Accountability in Public Schools.

DFA uses «evidence - based investing» because it draws heavily upon both in - house and academic research (University of Chicago) to build their investment funds.

Though scientific consensus must always be open to responsible skepticism given: (a) the strength of the consensus on this topic, (b) the enormity of the harms predicted by the consensus view, (c) an approximately 30 year delay in taking action that has transpired since a serious climate change debate began in the United States in the early 1980s, (d) a delay that has made the problem worse while making it more difficult to achieve ghg emissions reductions necessary to prevent dangerous climate change because of the steepness of reductions now needed, no politician can ethically justify his or her refusal to support action on climate change based upon a personal opinion that is not supported by strong scientific evidence that has been reviewed by scientific organizations with a wide breadth of interdisciplinary scientific expertise.

Because this is such a marked divergence from the widely held view that CO2 lagged rising temperatures at the end of the last ice age, careful scrutiny must be given to evidence and assumptions upon which this contention is based.

The means of detecting judgements that are unjust because of the unappealable inadequacies of the evidence upon which they are based are very poor, and therefore instances wherein they are detected are rare and unusual — see for example: R. v. Hanemaayer, 2008 ONCA 580, 234 C.C.C. (3d) 3.

The defendant argued that the plaintiff's expert failed to meet her burden because there was no evidence that the expert's opinion was based on information upon which experts in his field reasonably relied.

Also raised in these articles but not in the decision, is the out - lived validity of the theory upon which business record provisions such as s. 42 BCEA, (and s. 35 OEA, and s. 30 CEA), are based, that business records warrant an exception to the rule against hearsay evidence because the profit motive is a sufficient guarantee of the accuracy of record - keeping.

To the contrary of Sedona Canada 2nd, electronic records management technology makes these 3 concepts more interdependent in law and necessary application: (1) the «system integrity concept» of the e-records provisions of the Evidence Acts; (2) the «proportionality principle» of electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its records as evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept&Evidence Acts; (2) the «proportionality principle» of electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its records as evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept&evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept»).

Only because of this tactical decision was the Agency compelled to embark upon an assessment of voluminous opinion and lay evidence in order to make factual findings.

«Technologically competent» also requires knowledge of the electronic technology that now produces most of the evidence, and very frequently used types of evidence; for example, these kinds of evidence: (1) records are now the most frequently used kind of evidence but most often come from very complex electronic records management systems; (2) mobile phone tracking evidence because we all carry mobile phones; (3) breathalyzer device readings because they are the basis of more than 95 % of impaired driving cases; and, (4) expert opinion evidence that depends upon data produced by electronic systems and devices.

Because the SCC concluded that there was no evidence to support Mr. Latif's claim, it did not comment on the type of justification that Bombardier might have relied upon on.

The Court's rationale for its conclusion appears in part to have been that because ENRC had previously asserted that there was no evidence upon which charges could be based, it must follow that they therefore did not at the same time contemplate litigation.

The legal battle will involve an extensive discovery process because the case hinges upon evidence of the realtor's knowledge of the defect.

Evidence supporting the claimant's identity and verifying the basis upon which they are claiming refugee status is often difficult or impossible to access because the claimant has lost documents during their flight to Canada or documents and sources of information in their home country have been destroyed or can no longer be located or accessed.

Although the parents gave evidence that they were relying upon their religious beliefs in insisting that their daughter continue to receive treatment to keep her alive, they also stood to suffer a serious legal disadvantage if she were to die, because they would then likely be charged with either manslaughter or murder.

• The «prima facie» test, whereby the requesting state would have to tender evidence of the alleged crime upon which, taken at its highest, a jury properly directed could convict the defendant, should not be re-introduced because this would require an overhaul of the EAW Framework Decision where a request is made by an EU state, and where a request is made by a non-EU state our judiciary are able to subject cases to an appropriate degree of scrutiny.

If you accidentally stumbled upon any mainstream newspaper, you might learn that denying due process is sufficient to drop charges if only because it undermines the credibility of the justice system (including the quality of evidence obtained) and risk its abuse.

«The paragraph relied upon by the trial judge and the sentence he emphasized hardly signalled a system by which a trial judge could «short circuit» a trial even though there was further evidence to be called, and submissions to be made, simply because he or she thought they had «heard enough,»» Akhtar wrote.

Because primarily during the course of argument the prosecution counsel are entitled to comment upon the state of the evidence and the failure to call logical and material witnesses, and that is people versus miller, 50 cal.3 D, 954, the court's comments at 996.

Charles J decided that because of a familiar bone fragility and the parent's ability to discharge the evidential burden of possible accidental injury, there was insufficient evidence to satisfy the threshold criteria, commenting at para 155: «If parents impress a court... as credible witnesses... that is a factor in the overall factors to be taken into account which effectively reverses the degrees of likelihood placed upon the likely causative event identified by medical experts.»

If a vehicle owner receives a notice that the State intends to suspend their driving privileges because they've failed to give evidence of their financial responsibility, the vehicle owner is then entitled upon request to a hearing.

In the Supreme Court of British Columbia, McEachern CJ stated that «no doubt Aboriginal activities have fallen very much into disuse in many area», but concluded that because the onus of proof rested upon the Crown to show abandonment, «it would be unsafe and contrary to principle to apply the principle of abandonment to such an uncertain body of evidence» [69] McEachern CJ also observed that many «do indeed still hunt and fish and pick berries in season», and the «Court can not permit the Crown to pounce too quickly when there are gradually changing circumstances by treating every absence as an abandonment» [70].

However practice based evidence is at least as equally important because it is based upon actual real world therapy with a direct link to an individual therapist's work.