Sentences with phrase «by evidence of»

It needs to be accompanied by evidence of the actual affordability of the fees in the financial circumstances of (typical) individuals.

(6) the lawyer partners in the firm make reasonable efforts to establish that each nonlawyer with a financial interest in the firm is of good character, supported by evidence of the nonlawyer's integrity and professionalism in the practice of his or her profession, trade or occupation, and maintain records of such inquiry and its results; and

This is supported by the evidence of Dr. Dercksen who noted the injuries were more than normal degeneration for someone of the plaintiff's age.

In particular, the evidence of her injuries was supported by the evidence of her family doctor, Dr. Leong — a witness whom I found to be credible and on whose evidence I relied.

The Court seems to require random testing to be supported by evidence of significant numbers of incidents involving alcohol (or drugs) and particularized evidence of the deterrent effect of the random testing policy balanced against the serious implications on the workers» rights to privacy (CEP at paras 45 - 51).

[122] If the presumption of resulting trust arises, it may be rebutted by evidence of the transferor's intention at the time of transfer to grant beneficial ownership to the recipient of the gratuitous transfer.

It is therefore proper to prove this character trait by evidence of specific instances of conduct.

That presumption may be rebutted by evidence of suspicious circumstances, in which case the burden reverts to the party supporting the Will to prove testamentary capacity on the balance of probabilities (Vout v. Hay, SCC 1995).

Adverse possession codified under s. 4 of the Limitations Act was established by evidence of three facts: (1) actual possession, (2) intention to exclude the true owner (i.e. on title) and (3) effective exclusion: Masidon Investments v. Ham, 1984 CarswellOnt 578 (C.A.), at para. 14.

Even in the absence of any objective symptoms, the court can be and often is persuaded by the evidence of the plaintiff.

I do believe his evidence, which in my view is corroborated by the evidence of two doctors, both Dr. Freidlich and Dr. Allen... [I] t is my finding that the accused's evidence was, in my view, substantiated by the independent evidence of the two doctors who testified, one called by the defence and the other by the Crown, in addition to the other independent witnesses... and also with respect to all the witnesses, in my view, except for the evidence of Officer Vander Wier and Officer Conway.

Your final two sentences are both right and wrong: the vast majority of deniers will not be swayed by evidence of the abstract, scientifically sound type, but will be swayed as the various forms of devastating consequences of inaction arrive at their front doors.

Figure 3: Distribution of the number of researchers convinced by the evidence of anthropogenic climate change (green) and unconvinced by the evidence (red) with a given number of total climate publications (Anderegg 2010).

Furthermore you use that interpretation to push the claim that temperatures for most of the holocene were warming than now which can hardly be supported by evidence of say arctic ice extent, glacial retreat levels etc, never mind other proxies.

And this is borne out by the evidence of US international action on climate change in the last few years,» said Hobley.

Using a dataset of 1,372 climate researchers and their publication and citation data, Anderegg et al. (2010) found a similar result to Doran and Zimmerman, that between 97 % to 98 % of climate experts support the consensus, and that the average number of publications by the «skeptics» is around half the number by scientists convinced by the evidence of human - caused global warming.

The «ice house» pattern is identified geologically by evidence of polar ice caps and apparently, montane glaciers.

As an attempt at that reasonable discussion, to what extent are the marginally lower estimates for sensitivity cancelled out by evidence of more severe impacts from a given level of warming?

I read most of the emails and was disillusioned by the evidence of gate - keeping and manipulating data and peer review.Harry - read - me.

Yet anyone familiar with the earlier watercolors is bound to miss them, although the disappointment is somewhat offset by the evidence of a continuing, if fallen off, vitality.

An art - historical interpretation for each painting is followed by a discussion of provenance, further bolstered by evidence of Vermeer's working methods.

The interpretation of caves as an access to the underworld is enforced by evidence of snail shells, which had death symbolism, strewn along paths inside many caves.

The market seem to of had a lukewarm reaction by evidence of its stock, NAVI, dropping 14 % the day this was announced.

This written Agreement and Disclosure may not be contradicted by evidence of any alleged oral agreement.

This written agreement may not be contradicted by evidence of any oral agreement.

Each application must be accompanied by evidence of a surety bond, in a form approved by the administrator in the aggregate amount of $ 25,000, to run to the State for use by the State and any person or persons who may have a cause of action against a loan broker.

The Agreement may not be contradicted by evidence of any oral agreement or alleged oral agreement and contains the terms applicable to the credit transaction.

Such experiences combine input from external and local experts, are focused on school and district priorities for improvement and are justified by evidence of need (e.g., student data).

Local evidence supplemented by evidence of comparable schools is imperative to achieving positive student outcomes.

The student demonstrated a sustained period of general academic underachievement (2 years or longer) as supported by evidence of average or below - average academic performance.

The complaint resulted in a DOJ investigation that provoked sharp, relentless criticism from Johnson, who argued that the long - running probe was motivated by the Obama administration's opposition to vouchers rather than by any evidence of civil rights violations.

19 The data are clear: Teachers need professional learning that is crafted with intention and precision and backed by evidence of both teacher and student growth.

It seems to have been accepted by the workforce, by evidence of what has not happened: protests, screaming, shouting.»

Some head teachers have criticised the report saying the claims are not backed up by the evidence of inspections.

This prediction is reinforced by evidence of «ceiling effects» in standardized tests; students in the upper tracks, as described above, are likely to have higher scores and to hit the ceiling with little growth.

Included in our concept of a learning environment is leadership as design, informed by evidence of learning, and rich partnerships with others.

Both districts faced problems that reflected initial periods of severe racial segregation, followed by such remedial efforts as busing, followed by evidence of resegregation, followed by a need to end busing and encourage the return of, e.g., suburban students through increased student choice.

Changing that narrative is a critical challenge, he says, one helped by evidence of improvement in recent years.

Based on a long line of court decisions and guidance handed down by the federal Office for Civil Rights, which administers both nondiscrimination statutes — the Americans with Disabilities Act and Section 504 — a court would most likely defer to educational experts, uphold standards supported by evidence of the SAT's validity, reliability, and technical underpinnings, and find flagging not to be unlawful discrimination.

Teachers and school leaders need to be driven by evidence of what is and isn't working.

While it is crucial to analyze and debate the wisdom of such policies, the discussion must be informed by evidence of the highest quality.

Today, fueled by evidence of declining student performance and growing remediation efforts at all levels, the wheels of reform are turning again.

Thus, I am cheered by evidence of progress in some urban school districts and continue to support reforms that result in their better academic performance.

By evidence of its trailer, it seems Day of the Soldado has retained the visual splendour of its predecessor, along with the same hard - hitting action and deeply sinister tone, suggesting that this potentially unnecessary sequel might more than surprise one or two when it arrives this June.

Belonging to really the last stretch of this kind of roadshow epic, Zhivago is marked by evidence of changing times with its edgier subject matter (the MPAA rated it PG - 13 in 1995) and progressive styles.

I don't buy extreme Paleo lifestyle as I said but there is a lot of truth to their basic claims andI think extreme claims on both sides are obviously invalidated by the evidence of the blue zone diet of longest lives humans who do neither.

These views are typical of modern fat - phobia, but supported neither by the evidence of healthy traditional societies nor by the discoveries of modern science.

However, he still does not believe Darwin's theory of evolution is put into question by the evidence of epigenetics research.

The appearance of Homo erectus around 2 million years ago was accompanied by evidence of hunting and butchery.

«We are proposing that the disease be defined in living people by evidence of brain pathology using biomarker studies, either brain imaging or body fluid examination, and that clinical symptoms should be regarded for what they are — a product or result of the disease, as opposed to the definition of the disease,» said lead author Dr. Clifford Jack, Jr. of the Mayo Clinic.