Sentences with phrase «by a preponderance of the evidence»

The Court stated: «the party seeking to alter the status quo from the surname jointly given to the children at birth must bear the burden of proving by a preponderance of the evidence that the change in the children's surname is in their best interests.»

Plaintiffs have the burden of proving their toxic tort case by a preponderance of the evidence.

(d) When the court finds by a preponderance of the evidence that one of the parties has committed child abuse or neglect, domestic violence, or sexual assault resulting in the conception of the child, the court shall consider, as the primary concern, the safety and well - being of the child and the abused party.

In both official papers, the patent owner can define claim terms and otherwise make representations about claim scope to avoid prior art for the purposes of either demonstrating that there is not a reasonable likelihood that the claims are unpatentable on the asserted grounds or demonstrating that the challenger has not shown by a preponderance of the evidence that the claims are unpatentable on the asserted grounds.

In order to win a personal injury lawsuit or claim, the plaintiff (the injured person) must establish that the defendant (the person or entity responsible for their injuries) acted negligently by proving each of the following elements by a preponderance of the evidence:

Showing negligence for the purposes of settling a personal injury claim is usually much easier than proving that another person or entity is liable for your injuries in court, which requires you to prove negligence by a preponderance of the evidence.

By enshrining zero percent inflation as the ideal, both of them reflect an exaggerated fear of even moderate inflation that is not supported by the preponderance of evidence.

However, the sincerity of an individual's belief must be established by a preponderance of the evidence standard if the individual seeks to invoke a free exercise defense or claim.

An adjoining landowner can overcome the presumption mentioned by demonstrating by a preponderance of the evidence that imposing equal responsibility would be unjust.

In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.

In order to be successful, a victim will be required to prove their claim by a preponderance of the evidence.

Such presumption may be rebutted by a preponderance of the evidence that such custody award is in the best interests of the child.

In other cases, it may be much more difficult to prove that the defendant breached the duty of care by a preponderance of the evidence.

One theory is backed by a preponderance of evidence and the other is an easily falsified hypothesis at best.

On 17 November, BU announced that by a preponderance of evidence Marchant sexually harassed then — graduate student Jane Willenbring by aiming repeated sexist slurs such as «slut» and «whore» at her, creating a hostile learning environment during the 1999 — 2000 field season in Antarctica.

«We have concluded by a preponderance of the evidence that Dr. [David] Marchant engaged in sexual harassment in violation of Boston University's Sexual Harassment Policy... by directing derogatory and sex - based slurs and sexual comments at you during the 1999 - 2000 field expedition to Antarctica,» Kim Randall, the executive director of BU's Equal Opportunity Office, wrote to Willenbring in a 16 November letter obtained by ScienceInsider.

Under that Rule, the proponent has the burden of establishing that the pertinent admissibility requirements are met by a preponderance of the evidence.»

In a civil case, the plaintiff is only required to prove that you are guilty by a preponderance of the evidence.

In the decision, Justice Ginsburg, writing for the majority, explained that Supreme Court decisions made clear that the Sixth Amendment of the Constitution requires that «any fact that exposes a defendant to a greater potential sentence must be found by the jury, not a judge, and established beyond a reasonable doubt, not merely by a preponderance of evidence.»

Your attorney will strive to prove you are in danger from the offender by a preponderance of the evidence and that a protection order is necessary.

The plaintiff must be able to prove their argument by a preponderance of the evidence.

My understanding is that defendants in Britain have to prove statements true by the preponderance of evidence, whereas in the U.S. the standard of evidence is «compelling» (a lower standard).

AB 389 of 2015 and the identical SB 231 provide that a court shall permit the use of a facility dog when, in a criminal proceeding involving the testimony of a vulnerable witness, the court determines by a preponderance of the evidence that it is likely that such witness will be unable to effectively communicate if required to testify without the presence of such facility dog and that the presence of such facility dog will facilitate such testimony.

Criminal convictions require proof beyond a reasonable doubt, while civil actions require proof only by a preponderance of the evidence.

With that baseline set, you could then give the judge leeway to find facts by a preponderance of the evidence (including facts that underlay charges on which the defendant was acquitted) and rely on those facts to vary upwards under 3553 (a).

In an inter partes review instituted under this chapter, the petitioner shall have the burden of proving a proposition of unpatentability by a preponderance of the evidence.

The Federal Circuit granted en banc review to consider whether that requirement was at odds with § 316 (e) and the AIA's requirement that petitioners bear the overall burden of proving unpatentability during IPR proceedings by a preponderance of the evidence:

Proving a proposition by a preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.

However, he was awarded future medical costs, which means that he was able to convince the jury by a preponderance of the evidence that the accident did occur and he was injured in it.

Typically, the duty of care is obvious and it is not difficult to establish that a duty of care existed by a preponderance of the evidence.

If the victim proves a defect or a failure to warn by a preponderance of the evidence, the manufacturer is automatically liable for both economic damages, such as medical bills, and noneconomic damages, such as loss of enjoyment in life.

The jury is essentially the decision maker in a civil suit and it would have been the jury who determined if enough evidence existed to find Oprah liable by a preponderance of evidence, for the defamation of Mzamane.

In the Federal litigation scheme, the party asserting Federal court jurisdiction bears the burden of proving subject matter jurisdiction by a preponderance of the evidence.

The standard is that «[t] he proponent of the expert opinion bears the burden of establishing qualification, reliability, and helpfulness by a preponderance of the evidence.»

You have the burden of proving that the expense was incurred and is of a type that qualifies for a deduction by a preponderance of the evidence in the event that there is a dispute that is litigated, which means that you must show that it is more likely than not that you incurred a deductible expense of that kind in that amount in that tax year.

If a parent is seeking sole custody due to allegations of substance abuse, she must be able to establish the other parent's drug use by a preponderance of the evidence.

In civil cases, plaintiffs must be able to prove their case by a preponderance of the evidence.

JUSTICE BRENNAN, joined by JUSTICE MARSHALL, JUSTICE BLACKMUN, and JUSTICE STEVENS, concluded that, when a plaintiff in a Title VII case proves that her gender played a part in an employment decision, the defendant may avoid a finding of liability by proving by a preponderance of the evidence that it would have made the same decision even if it had not taken the plaintiff's gender into account.

Has Google shown by a preponderance of the evidence that its use in Android of the declaring lines of code and their structure, sequence, and organization from Java 2 Standard Edition 1.4 and Java 2 Standard Edition Version 5.0 constitutes a «fair use» under the Copyright Act?

Generally speaking, a defendant may be found liable for damages suffered by an injured plaintiff when the plaintiff establishes the following elements by a preponderance of the evidence:

If you are able to successfully prove negligence by a preponderance of the evidence, you may be able to recover compensatory damages for your injuries.

If the court finds by a preponderance of the evidence that one of the parties has committed domestic violence:

Take the money away from the public schools where children will be taught real science and that a «theory» is very close to a proven fact because it is supported by the preponderance of the evidence.

Liability must be established by a preponderance of the evidence, injuries must often be proven to be permanent, expert witnesses must often be retained on issues of liability and damages, and evidence must be gathered and preserved from the outset.

The Second Circuit also held that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence, confirming that plaintiffs have no burden to show price impact at the class certification stage — a significant win for plaintiffs.