Sentences with phrase «civil standard of»

Hickinbottom J followed LG and held that the civil standard applied, commenting: «To suggest that the civil standard of proof equates to the criminal standard of proof in cases in which serious allegations are made or serious consequences possible is improperly and unhelpfully to elide seriousness with probability of a particular allegation, which is the very illogicality identified by Baroness Hale in In re B.»

Claims for possession are subject to the civil standard of proof; applications to commit for breach of an ASBI are governed by the higher criminal standard.

Actually [the district court] did commit one clear error on the fiduciary count, and that was to apply the normal civil standard of preponderance of the evidence, rather than the higher standard of proof — proof by clear and convincing evidence — that Illinois requires to establish the existence of a fiduciary duty outside of the per se categories such as lawyer - client and guardian - ward.

Though he noted that there is only one civil standard of proof — a balance of probabilities — Arbitrator Slotnick held that an allegation of sexual misconduct does require clear, cogent, and convincing evidence.

Currently, abuse of dominance need only be proven on the civil standard of balance of probabilities.

In that context, it was plainly assumed that the civil standard of proof applied to the income tax regime, and the VAT scheme was mimicking that.

The commissioners argued that the standard of proof was the civil standard of the balance of probabilities.

If the civil standard of proof can be converted into mathematical terms, 51 per cent proof conveys success, 49 per cent only failure.

The tenor of the VAT cases was that the civil standard of proof applied to the system of VAT penalties.

That, therefore, gave the starting point of a presumed civil standard of proof.

The civil standard of proof in a personal injury action in British Columbia is a balance of probabilities.

For administrative tribunals, the default is the civil standard of proof on the balance of probabilities, subject to any express statutory provision to the contrary: Stetler v. Agriculture, Food and Rural Affairs Appeal, 2005 CanLII 24217 (ON CA).

[205] The usual civil standard of proof, namely proof on a balance of probabilities, applies.

The existence of suspicious circumstances does not impose a higher standard of proof on the propounder of the will than the civil standard of proof on a balance of probabilities.

The standard of proof on each of the above issues is the civil standard of proof on a balance of probabilities.

This device may be expressed as follows: imagine that the civil standard of proof runs from 51 % to, say, 90 %.

For administrative tribunals, the default is the civil standard of proof on the balance of probabilities, subject... [more]

At the time of the second reading of the Bill in the Commons last November, the BMA's website indicated its firm opposition to the introduction of the civil standard of proof, whereas the transfer of the adjudicatory function of the GMC to the OHPA caused it only «some concerns».

It is interesting to observe at the same time that both the BMA and the Department of Health, who have sponsored the Bill, seem to be labouring under the same misapprehension about the «flexible» application of the civil standard of proof in healthcare regulatory cases, namely that more serious matters will require a higher degree of probability of being true.

The civil standard of proof applied in administrative proceedings is more appropriate because it treats corporate treasuries as no more worthy of protection than the health and safety of employees.

But schools seeking to apply both the current civil standards of academic freedom and this canon to new faculty would invite litigation.

Not exact matches

Advisers who presently are fiduciaries may be especially likely to fully satisfy the PTEs» Impartial Conduct Standards before January 1, 2018, in the ERISA - plan context, because advisers who make recommendations to plans and plan participants regarding plan assets, including recommendations on rollovers or distributions of plan assets, are already subject to standards of prudence and loyalty under ERISA and a violation of the Impartial Conduct Standards would be subject to claims for civil liability under ERISA.

Will the SEC take this opportunity to clarify that same - sex couples in civil unions, domestic partnerships, and similar legal relationships intended to give them at least some of the economic benefits of marriage, are «spouses» to one another, and thus eligible for the alternative accredited investor qualification standard made available to persons who are married (with the Supreme Court's recent decision striking down Section 3 of DOMA, it is already clear that persons in same - sex marriages are «spouses» to one another)?

In our engagement with China in Canada, respecting Canada's sovereignty and traditions is no less essential and calls us to uphold principles of intellectual freedom, civil society, and human rights through enforcement of our legal and regulatory standards.

While it is almost impossible for Chinese civil society to bring pressure on its own government, there could be other ways of addressing labour standards.

When the North American Free Trade Agreement was concluded there was concern about Mexican labour and environmental standards; side agreements were established around these topics, allowing civil society to raise complaints under the terms of the agreement.

For Lasch, true populism is rooted in mutual respect, which demands that we hold ourselves and our fellow citizens to shared standards of conduct and discourse — a necessary precondition for both civil disagreement and a healthy body politic.

Causing harm to another individual is in clear violation of this standard and our civil penal system is in place to attempt to mitigate the damage caused by those who choose not to adhere to this standard.

I believe that Israel should and must exist, but I can not support the policies of the Israeli government that enforce separate standards of living for Arab Israelis, much less the continual deprivation of civil rights andconfiscation of Palestinian lands in Judea and Samaria (aka the West Bank).

This was, in a sense, what the Civil War was about — a wrenching episode that illustrates both the virtues and the dilemmas of seeking nationally unified moral standards.

It is the emergence of this left, beginning with the black power activists led by Stokely Carmichael, that derailed the integration process and the authentic civil rights movement led by Martin Luther King — a movement which had fought for the idea of a single standard: one justice, indivisible, for all.

Procedure takes precedence over substantive precepts and standards, not because procedures are uniquely required in plural societies — all societies require procedures — but because the rhetoric of procedure is required to justify outcomes between parties whose erstwhile religions are different.47 The rhetoric of procedure thus becomes the new common or civil religion.

MANILA / BANGKOK, 27 October 2015 — The world's first standard for sustainable rice, which sets new and more efficient standards for rice cultivation, was launched today by the Sustainable Rice Platform (SRP), a global alliance of agricultural research institutions, agri - food businesses, public sector and civil society organizations convened by the United Nations Environment Programme (UNEP) and the International Rice Research Institute (IRRI).

FAO collaborates with the public sector, the private sector and civil society to develop and implement food loss and waste prevention and reduction solutions through: i) Advocacy and awareness raising; ii) Collaboration and coordination of world - wide initiatives on food loss and waste reduction; iii) Research to evidence for policy, strategy, legislation and standards development; iv) Support to investment programmes and projects.

But the standards are the problem, says Dr. Yanna Lambrinidou, also a civil engineer at Virginia Tech and founder of Parents for Nontoxic Alternatives, a group that's been working to reduce lead levels in D.C.

So instead of worrying about DeVos, we really should be focusing on: (1) Congressional Republicans, who've already shown great enthusiasm for weakening the nutrition standards for school meals and limiting their accessibility to low - income kids (see my Civil Eats piece, «3 Things You Need to Know About the House School Food Bill «-RRB-; (2) the as - yet - unscheduled confirmation hearing for Agriculture Secretary nominee Sonny Perdue, during which we're likely to get more information on how he views the NSLP; and (3) whoever eventually is appointed Under Secretary for Food, Nutrition and Consumer Services, the USDA official directly in charge of child nutrition programs.

A process of driving up noise pollution standards has been pursued by the ICAO, and by the European Civil Aviation Conference.

Holding the language of public discourse against the highest standards of reason and integrity is a responsibility shared by politicians and the media, and to a considerable extent, civil society.

Bernard Jenkin, chair of the Commons» public administration select committee, told the Standard newspaper: «At first glance, this does appear to be a civil service blunder and not a problem of policy that is down to ministers.»

The new federal Every Student Succeeds Act, was endorsed by more than 35 civil rights organizations to ensure high standards and accountability for the progress of all students, the official said.

«Several of the proposed reforms to civil service would shred the merit - and - fitness system that protects fairness and high standards,» Fox said.

Blackmail, on the other hand, is the standard accusation of the weaker partner, as Nick Macpherson, former head of the civil servant at the Treasury, pointed out.

We don't want to believe the attitude of some clergy and civil society towards the disturbing developments in the political scene in Ghana is borne out of political or ethnic prejudice or is arousing out of hypocrisy and double standards,» he said.

He accused top civil servants in the ministry of compromising professional standards and supporting corruption by ordering the reinstatement of somebody whom he alleged was removed because of corruption.

Bharara says the evidence did not establish the standard of criminal intent required for a federal criminal civil rights prosecution.

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The idea of a new standard is a step in the right direction but has limits, said Mike Blackhurst, who recently accepted an assistant professor position at the University of Texas, Austin, in civil, environmental and architectural engineering.

The Committee on Aviation Environmental Protection of the International Civil Aviation Organization (ICAO) recently approved a preliminary standard governing the emission of particulates by aircraft engines.

The phrase «balance of evidence» was used deliberately to suggest the (English) common - law standard of proof required in civil as opposed to criminal courts: not as high as «beyond reasonable doubt».

«We have seen how cities and states can overcome complex challenges by taking an approach that considers a broad range of sustainability principles covering human rights, labour standards, environment and anti-corruption, and then working with business and civil society to find lasting solutions.»