Sentences with phrase «conclusive evidence of»

Dwelling Quest Corp. v. Greater New York Savings Bank (246 A.D. 2d 431)-- broker fails to establish commission entitlement where unsigned writing prepared by broker stating that its commission shall only be due if its prospect completes and closes the transaction, while not constituting the parties» agreement, is deemed to be conclusive evidence of such agreement in the absence of credible explanation why broker sent such a writing if it did not reflect the parties» agreement; moreover, owners ultimately accepted all cash offer from party not presented by broker.

Late last year, the National Research Council of the National Academy of Sciences reported that there's no conclusive evidence of a link between EMFs and health problems such as cancer.

As well as deciding, after receiving evidence, the issue of the parentage of a child for the purposes of proceedings, the court may also issue a declaration of parentage that is conclusive evidence of parentage for the purposes of all laws of the Commonwealth.

[59] The consequence of treating the «handed down» requirement as the sole determinant of what is «traditional» law or custom is to discount well - established but more recent practices manifesting connection to land, and to insist upon evidentiary approaches requiring provision of conclusive evidence of pre-contact practices, customs and traditions which will often be «next to impossible» [60] for claimant groups to meet.

[51] The common law does not treat mere non-user of an easement, in itself, as conclusive evidence of an intention to abandon the right.

Under s. 69VA of the Family Law Act 1975, the Court may issue a declaration of parentage that is conclusive evidence of parentage for the purposes of all laws of the Commonwealth.

Successful job performance is not conclusive evidence of alignment of company and employee work values, since the latter may do the job well from fear or habit, rather than from some positive attitude toward the job.

B's continued participation in the contract after the A to B transition could be held to be conclusive evidence of an assumption of the contract by B making it liable by its own agreement as a consequence of its actions continuing to participate in the contract.

So even with over 20 years of data, we can not find conclusive evidence of money manager skill — or lack thereof.

It seems to work as I haven't been able to recover the files I «cybershredded», but seeing as how I'm not a forensic expert I wouldn't take that as conclusive evidence of its effectiveness.

«In this respect, the husband and the companies have got their comeuppance, because although there was no conclusive evidence of him providing the funds, the court said it could draw that conclusion where the husband and the companies had been deliberately obstructive.

Since the officer did not witness the accident first - hand, the police report is not conclusive evidence of what occurred in your accident for either the factual or opinion statements.

That report is not conclusive evidence of what happened, but it is a very important part of the documentary evidence relating to the accident.

It Is Hereby Ordered, pursuant to the provisions of NRS 2.120, that the annexed rules be and the same hereby are adopted for the government of the Supreme Court of Nevada and the legal profession in this state; that the same shall be effective on October 15, 1965; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges) and to each justice of the peace and to each police judge in this state, and that the certificate of the clerk of this court as to such mailing, not less than 30 days prior to October 15, 1965, shall be conclusive evidence of the adoption and publication of such rules in accordance with the provisions of NRS 2.120.

IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation of original and appellate civil practice and procedure in judicial proceedings in the district courts of the State of Nevada, and the forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence of the adoption and publication of said rules in accordance with the provisions of said enabling act.

While the duo's interaction seemed «suspicious,» the inquiry committee was not convinced the video, which had no sound, is conclusive evidence of a drug transaction.

«The crucial problem with the proceedings to date is that the people who ought to [be] Terri's guardians — her parents — are not, and the man who is, Michael Schiavo, holds that position by operation of his status as Terri's «husband,» when from the facts known to all, he has lived his life in recent years in such a way as would be conclusive evidence of estrangement in any divorce court in America.

If they do not bleed, it is conclusive evidence of depravity.

Pretty conclusive evidence of their existence.

Therefore, by that measure, you are telling us that the climate science consensus can not be considered here, because we know there are multiple lines of conclusive evidence of climate science consensus validity.

The FCMU did precisely what it was set up to do; but despite the conclusive evidence of illegal logging discovered by the team and the 20th June court ruling against GAT the concession agreement has not been cancelled.»

This is not conclusive evidence of an overshoot in leaf development that stressed the trees in drier years but it does give some support to that hypothesis that an imbalance in leaf to stem growth ratios reduces tree vigor, making trees more vulnerable to disturbance.

This program was carried out at Faraday station, which lies on the margin of the polar vortex, and none of the flights showed conclusive evidence of ozone depletion.

However, there's no conclusive evidence of their effectiveness as compared to other training methods.

More importantly, this indicates that the simple investor is waiting for these two economic indicators to provide conclusive evidence of a strengthening economy before investing in equity mutual funds.

For purposes of determining the prepayment charge applicable to your mortgage, the data taken from the accounts and records of CIBC will constitute conclusive evidence of such data.

Observing the driver's eyes can not always provide conclusive evidence of sleep since many drivers can experience micro-sleep with their eyes open.

There is no conclusive evidence of the impact of academy status on attainment in primary schools.

No conclusive evidence of cheating has yet been established, but it may well be prudent to focus, as Ginsburg does, on the performance of D.C. students on the National Assessment of Educational Progress (NAEP), commonly known as the nation's report card.

None of this is conclusive evidence of course but multiple studies have shown that low carb diets are associated with higher mortality.

As I'm not a scientist, I checked with the National Cancer Institute's website and they go on the record saying they haven't received conclusive evidence of this fact.

But from a scientific perspective, for the rest of the population there is no conclusive evidence of a connection between gluten consumption and either cognitive decline or dementia.

Find out how Hubble provided conclusive evidence of the existence of...

Despite earlier reports of a possible detection, a joint analysis of data from ESA's Planck satellite and the ground - based BICEP2 and Keck Array experiments has found no conclusive evidence of primordial gravitational waves.

Similarly, analysis of splicing changes with PMI did not show conclusive evidence of systematic splicing deregulation (as measured by the splicing entropy) across tissues.

Since most galaxies in the universe are believed to harbor one supermassive black hole at their center, the presence of a binary system is conclusive evidence of a galactic merger.

Conclusive evidence of the Department of Trade and Industry's determination to close Warren Spring, the government's leading environmental laboratory, emerged this week.

The proponents of the latter have just provided conclusive evidence of the incidental nature of what was held to be the key find for the single origin of metallurgy claim.

«That would be conclusive evidence of biological species - level differences — a natural test,» says Scott Baker, a conservation geneticist at Oregon State University, Corvallis, who was not involved in the research.

Previous attempts to find the elusive Majorana particle have been very promising but have not yet provided definitive and conclusive evidence of its existence.

That might produce more conclusive evidence of Hawking's theory.

«It is important to note that while adverse event reports give us some information about a product and serious injuries or deaths related to use of a particular product, they often indicate situations that require additional analysis and do not constitute conclusive evidence of a problem with the product,» the spokeswoman, Lyndsay Meyer, said in a statement.

«Three - dimensional structural information derived from the data obtained at the ESRF was essential for the interpretation of the work, as it led to a high - resolution structure of the new active site and provided conclusive evidence of the role of protein re-organisation in the emergence of the new function» explains Jose A. Gavira, corresponding author, from the University of Granada.

Most archaeologists would tell you it couldn't have been humans, who didn't leave conclusive evidence of their presence in the Americas until about 14,000 years ago.

Whether the human origins research community will accept fossil footprints as conclusive evidence of the presence of hominins in the Miocene of Crete remains to be seen,» says Per Ahlberg.

This quantifies the complexity of the set, and is conclusive evidence of the edge's fractal nature.

The cave's entrance was reinforced with old ship timbers and reused stone anchors, the first conclusive evidence of large - scale Egyptian seafaring ever discovered.

It was conclusive evidence of the cloning of a mammal from fully differentiated adult cells.

The first conclusive evidence of such a violation was finally discovered late last year by collaborators on an experiment named BaBar at Stanford University's SLAC National Accelerator Laboratory.

Until more conclusive evidence of water emerges, Martian life — past or present — will stay in the realm of imagination.