Sentences with phrase «consider evidence in the case»

The Commissioner will only be able to review and consider evidence in the case that was properly documented, disclosed, and filed with the Commission within their time limitations.

However it is the Court that makes the final decision after considering the evidence in the case, the CAFCASS report and the welfare checklist referred to in my previous blog «Madonna's Mother's Day Melancholy».

Not exact matches

In its decision, the 9th Circuit cited a previous case establishing that «circumstantial evidence of intent, including... statements by decisionmakers, may be considered in evaluating whether a governmental action was motivated by a discriminatory purpose.&raquIn its decision, the 9th Circuit cited a previous case establishing that «circumstantial evidence of intent, including... statements by decisionmakers, may be considered in evaluating whether a governmental action was motivated by a discriminatory purpose.&raquin evaluating whether a governmental action was motivated by a discriminatory purpose.»

«We are doing what journalists throughout said mainstream media are supposed to do: challenge the conventional wisdom, hold politicians» feet to the fire, ask tough questions, report facts that are in many cases inconvenient truths for career politicians, and give a voice to the millions of people worldwide who have had theirs taken away from them by world elites who consider the ordinary person beneath them,» Boyle said, pointing to Breitbart's record July traffic as evidence Americans «hunger for something different.»

This generally supports the case that Living Goods offers high quality products, but because our experience on the site visit may have been non-representative and there are many other potential factors that may affect the effectiveness of drug treatments aside from following storage procedures for drugs properly, we consider it to be only weak evidence in support of the quality of Living Goods» drug treatments.

At a hearing last week in Asheville, North Carolina, U.S. District Judge Max Cogburn said he would consider dismissing the lawsuit, saying the DoJ may not have the evidence to try this as a fraud case.

«We have reached a decision that there is insufficient evidence to provide a realistic prospect of conviction and therefore consider that no further action should be taken in this case.»

Often, as in the case of the Christian god, those characteristics, such as «personal, loving» and «merciful» are reasonably falsifiable when considering the available evidence, as well as inconsistent and self - contradictory.

So in other words all you have is the bible and nothing more because if have actual evidence, you'd be the first and you should be sharing it with the world, unless of course what you consider evidence is simply your own personal stories in which case it is only evidence to you and does not pertain outside of your small mind.

The Home Office told Premier it did not «routinely comment on individual cases» but «each application is considered on its individual merits based on the evidence provided and in line with the UK's Immigration Rules.»

ACCC Chairman, Rod Sims, stated that the ACCC believed «that there was sufficient evidence for the Court to find that Cussons had entered into an understanding» and that the appeal will allow the Full Court to «consider whether the trial judge should have inferred an understanding involving Cussons based on the uncontested evidence in this case.»

It may indeed be the case that the evidence is not convincing, and considering how new microbiome research is, I would be surprised if any of the research could be considered «convincing» other than to simply say that the microbiome seems to be a really important factor in health and disease.

It is considered the lowest form of evidence, ranked far below randomized trials and observational studies, which in this case all suggest that cry - it - out is not harmful.

The findings in this study also provide new evidence for pediatricians as they provide guidance to breastfeeding mothers who may be considering incorporating formula into their infant's diet, and they may have implications for decisions around the use of donor human milk in cases when supplementation is needed.

In some cases, these allegations are backed by facts or evidence, and family courts should consider them when making important custody and support decisions.

We informed the ASA that this mother was not alone in reporting unsolicited emails from Pfizer / Wyeth, but the ASA said it could not consider the evidence from other mothers in this case.»

It also ruled that the burden of proof remained on plaintiffs (the man's family, in this case) and that courts must consider relevant evidence from medical research.

Common issues include not building enough evidence upon investigation to sustain a case and then failing to safeguard the evidence that they do collect, not properly interviewing the victim and the suspect, and allowing for personal information, including past sexual experience, of the victim to be considered in court despite its illegality.

«All cases are carefully considered on their individual merits, in line with the immigration rules and based on evidence provided by the applicant.»

Making reference to the Courts Act of 1993 (Act 459), Mr Justice Ofoe said Section 31 (2) holds that «an appellate court, on hearing an appeal in a criminal case, shall allow the appeal if the appellate court considers (a) that the verdict or conviction or acquittal ought to be set aside on the ground that it is unreasonable or can not be supported having regard to the evidence, or (b) that the judgement in question ought to be set aside as a wrong decision on a question of law or fact, or (c) that there was a miscarriage of justice, and in any other case shall dismiss the appeal.»

Ken Clarke's Justice and Security Bill would have allowed Ministers to order secret court hearings to consider evidence in national security cases.

When the Crown Prosecution Service announced in December 2015 that there would be no further criminal action on phone hacking, it said it had considered evidence of email deletion and decided that there were «legitimate reasons for companies to have an email deletion policy... In this case, there is no evidence to suggest that email deletion was undertaken in order to pervert the course of justice.&raquin December 2015 that there would be no further criminal action on phone hacking, it said it had considered evidence of email deletion and decided that there were «legitimate reasons for companies to have an email deletion policy... In this case, there is no evidence to suggest that email deletion was undertaken in order to pervert the course of justice.&raquIn this case, there is no evidence to suggest that email deletion was undertaken in order to pervert the course of justice.&raquin order to pervert the course of justice.»

«Considering that no prior research has conclusively demonstrated benefit of corticosteroid therapy for any manifestation of Lyme disease, including neurologic, rheumatologic or cardiac manifestations, we urge strong caution in prescribing corticosteroids in cases where facial paralysis is clearly the result of acute Lyme disease until better evidence is available,» said Dr. Jowett.

International criticism of the Libyan government has intensified since October, when the country's supreme court refused to consider scientific evidence in the case against the medics (ScienceNOW, 24 October).

AERA and nine other academic and scientific societies, including AAAS, filed an amicus curie (or «friend of the court») brief in October urging the court to consider the body of scientific evidence relevant to the Fisher case.

«It is our belief that, in cases involving scientific evidence, the pre-trial phase should be used to sort out and define as many scientific issues as possible and to consider... the best means of resolving (for example, by further scientific tests) any matters that may be disputed.»

One may conclude from this evidence that the effect is very modest (compared to diet and other lifestyle factors) and hence consider multivitamins «a waste of money» (I don't think so — a nickel a day for ~ 10 % lower risk of cancer and macular degeneration seems like a very good deal to me) but certainly not that they pose any risk — at least not in the case of iron - free RDA - dose multivitamins similar to the Centrum used in PHSII.

We consider the available evidence in more detail in order to establish the case for significantly higher pay for teachers as a necessary step in addressing the teacher supply crisis, establishing fair levels of reward for teachers and supporting the delivery of the best possible education for pupils.

The pets are not available for adoption at this time, as they are considered evidence in a court case.

What Dr Laurie did in the Boviard case is no different to what she has done elsewhere, and can only be considered as evaluating the combination of specific individual clinical circumstances with respect to the available research evidence and clinical knowledge.

«In all cases, data quality was considered; at times, some studies were rejected because of lack of rigor or the interpretations were inconsistent with the scientific evidence.»

«Consider that, in some cases, it may be appropriate to describe findings for which evidence and understanding are overwhelming as statements of fact without using uncertainty qualifiers.»

Although important differences must be acknowledged — for example, the causes and the amplitudes of the warming, and the probable impacts of land cover change on temperatures — the medieval droughts can provide some direct evidence of the Southwest hydroclimatic response to warming and a plausible, but conservative, worst - case scenario to be considered in sustainable water - resource planning.

«But the lead author of the study... says that he is not convinced that it is just the changing climate... «It could be partly due to this chaotic rainfall, but personally I don't think it can explain such a dramatic decline in mosquitoes, to the extent we can say that the malaria mosquitoes are almost eradicated in these communities... «What we should consider is that there may be a disease among the mosquitoes, a fungi or a virus, or they're may have been some environmental changes in the communities that have resulted in a drop in the number of mosquitoes»... The research team also found anecdotal evidence that their discovery was not an isolated case... «Other scientists are saying they can't test their drugs because there are no children left with malaria.»»

The CPS should consider implementing a similar working group for criminal cases, to avoid evidence not being disclosed in a responsible manner.

In this respect, the evidence upon which a decision could be made was greater than the evidence that Prakash J. dealt with in SM Integrated Transware Ltd v. Schenker Singapore (Pte) Ltd. [6] However, in this instance, the learned judge took the view that the e-mail address was similar to an automatically generated name and facsimile number of the sender of a facsimile transmission, a state of affairs considered in the New York case of Parma Tile Mosaic & Marble Co., Inc. v. Estate of Fred Short, d / b / a Sime Construction Co. [7] Counsel for J Pereira Fernandes SA submitted that the intent to sign was not relevant, and mentioned Elpis Maritime Co. Ltd. v. Marti Chartering CoIn this respect, the evidence upon which a decision could be made was greater than the evidence that Prakash J. dealt with in SM Integrated Transware Ltd v. Schenker Singapore (Pte) Ltd. [6] However, in this instance, the learned judge took the view that the e-mail address was similar to an automatically generated name and facsimile number of the sender of a facsimile transmission, a state of affairs considered in the New York case of Parma Tile Mosaic & Marble Co., Inc. v. Estate of Fred Short, d / b / a Sime Construction Co. [7] Counsel for J Pereira Fernandes SA submitted that the intent to sign was not relevant, and mentioned Elpis Maritime Co. Ltd. v. Marti Chartering Coin SM Integrated Transware Ltd v. Schenker Singapore (Pte) Ltd. [6] However, in this instance, the learned judge took the view that the e-mail address was similar to an automatically generated name and facsimile number of the sender of a facsimile transmission, a state of affairs considered in the New York case of Parma Tile Mosaic & Marble Co., Inc. v. Estate of Fred Short, d / b / a Sime Construction Co. [7] Counsel for J Pereira Fernandes SA submitted that the intent to sign was not relevant, and mentioned Elpis Maritime Co. Ltd. v. Marti Chartering Coin this instance, the learned judge took the view that the e-mail address was similar to an automatically generated name and facsimile number of the sender of a facsimile transmission, a state of affairs considered in the New York case of Parma Tile Mosaic & Marble Co., Inc. v. Estate of Fred Short, d / b / a Sime Construction Co. [7] Counsel for J Pereira Fernandes SA submitted that the intent to sign was not relevant, and mentioned Elpis Maritime Co. Ltd. v. Marti Chartering Coin the New York case of Parma Tile Mosaic & Marble Co., Inc. v. Estate of Fred Short, d / b / a Sime Construction Co. [7] Counsel for J Pereira Fernandes SA submitted that the intent to sign was not relevant, and mentioned Elpis Maritime Co. Ltd. v. Marti Chartering Co..

The Blog of the Legal Times reports that in one recent case in the District of Columbia Superior Court, the court granted the prosecutors» request for a jury instruction that, if the jury found that the defendant had tried to change his appearance with eyeglasses to avoid being identified, the jury could consider it as evidence of his feelings of guilt.

The Ontario Court of Justice recently had occasion to consider the different grounds on which documentary evidence might be admitted or not admitted into evidence in a criminal case, in HMQ v Mondor.

That is because the Court, in accordance with the test in R v Galbraith, is limited to considering the strength of the evidence served by the private prosecutor, and whether this evidence discloses a case to answer, regardless of any defence.

[2] In contrast, the CPS Code enjoins the DPP to consider how the prospects of conviction may be affected by all of the evidence of which the DPP is aware, including evidence gathered in any antecedent State investigation and the defence casIn contrast, the CPS Code enjoins the DPP to consider how the prospects of conviction may be affected by all of the evidence of which the DPP is aware, including evidence gathered in any antecedent State investigation and the defence casin any antecedent State investigation and the defence case.

The court has, in many cases, been prepared to hear argument and see evidence from them (usually on limited issues) and has also been prepared to consider costs awards against them and in their favour depending upon the outcome of their involvement.

At the close of the case, each side presents closing arguments, which is also not considered evidence, and then the jury is instructed by the judge on the law to apply in the case.

The distinction between the varying approaches may be more apparent than real, and in many cases may lead to the same outcome particularly since not all courts distinguish between them and / or refer to them simultaneously.903 Of the few decisions where a foreign award has been refused enforcement pursuant to the second alternative of article V (1)(d), the party opposing enforcement brought evidence of fundamental or unjustifiable procedural defects that one could consider would have met the criteria of both approaches.

We engage with our clients to acquire, review, and consider all of the factual and relevant evidence in each traffic accident case.

Having then gone on to consider the evidence which had been put before the public inquiry Lord Hoffmann concluded that «it is sufficient that the land is used predominantly by inhabitants of the village [ie the locality in the Sunningwell case]».

In the case of three of the Bills, joint committees of inquiry have been established to consider and analyse the content of the draft legislation and to hear evidence from interested parties, or «stakeholders» as they are often called.

``... I do not consider that the evidence justified treating [WB's] help as a reliable source of ongoing support, such as to require me to take it into account in deciding future financial provision... the father in this case has legal obligations towards his son... and therefore a duty to support the mother during C's childhood and dependency.»

At this point, it is worth pointing out that: a) such a decision is considered to be «final» in Poland after six months (i.e. Mr Kussowski can not be investigated again for the same facts in Poland) unless new «essential evidence» against the suspect is uncovered (§ 12 - 13); b) the Polish authorities — apparently without requiring specific assistance in that regard — based their decision to drop the case, inter alia, on the fact that it had not been possible to hear witnesses residing in Gemany, including the victim.

In those cases where it is clear either (a) that the parties did not intend a joint tenancy at the outset or (b) had changed their original intention, but it is not possible to ascertain by direct evidence or by inference what their actual intention was as to the shares in which they would own the property, «the answer is that each is entitled to that share which the Court considers fair having regard to the whole course of dealing between them in relation to the property»In those cases where it is clear either (a) that the parties did not intend a joint tenancy at the outset or (b) had changed their original intention, but it is not possible to ascertain by direct evidence or by inference what their actual intention was as to the shares in which they would own the property, «the answer is that each is entitled to that share which the Court considers fair having regard to the whole course of dealing between them in relation to the property»in which they would own the property, «the answer is that each is entitled to that share which the Court considers fair having regard to the whole course of dealing between them in relation to the property»in relation to the property».

In deciding whether the People have proved their case beyond a reasonable doubt, you must impartially compare and consider all the evidence that was received throughout the entire trial.