Sentences with phrase «court accepted the evidence»

The court accepted the evidence of the defendants» expert witnesses, Donald Thomson and Stephen Pearlstein, that the $ 50,000 figure mentioned in the Interpretation Bulletins excludes post-judgment interest.

Finally, the court accepted evidence that, though an engineer ought to have been aware of the extent of the water infiltration, it was conceivable that, in exercising his or her own judgment (described as poor judgment), an engineer could still determine that the infiltration was not a safety hazard.

Further, the Court accepted the evidence of W.A. Accordingly, W.A. was acquitted of the charge of sexual assault.

Additionally, the court accepted evidence that Indigenous women are particularly vulnerable, in light of the greater prevalence of trauma, violence, and abuse in their pasts.»

At trial, Judge W. Pepler of the Alberta Provincial Court accepted evidence on the use of marihuana for medical purposes.

If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

Not exact matches

I said it to hotair already, but I will expand it a bit for you: what is evidence for some is not accepted by everyone; just as in a court case, some jurors are convinced with very little evidence while some people can not be convinced of something no matter how much evidence there is... much of this comes from how you were raised and your own personal world view, for many people God does not fit into their world view so whatever evidence there is they close their eyes and say, «No, I don't believe that!»

Second, the discipline of critical history, as Martin himself acknowledges, depends upon bringing forth publicly accessible evidence and employing modes of reasoning that are commonly accepted in everyday life: in newspapers, law courts and inquiries of many different sorts.

A few proofs of Gods existence that would be accepted in evidence in any court anywhere.

I highly doubt you have any objective, factual, independent or verifiable evidence, evidence that would stand up to the scientific method or be accepted by a court of law as anything but hearsay.

Therefore the very usefulness of DNA, rarity of false matches, not only fades but begins to beget injustice, as courts accept deeply - flawed statistical evidence (expert witnesses are notoriously poor at stats, ask poor Sally Clark).

On February 17th, 2009, an Italian court sentenced Mills to four years and six months in jail for accepting a bribe from Berlusconi and giving false evidence on his behalf.

Tsoho added, «The point must be made that it is trite law generally, that where a plaintiff's claim is unchallenged and uncontroverted, the court will accept the available evidence and act on it.»

«Even if the court were to accept the defendant's view that the U.S. Attorney's comments were improper, there is no evidence that the U.S. Attorney's comments «substantial [ly] influenced» the grand jury's decision to indict,» Ms. Caproni wrote.

Around the same time, courts in India started accepting evidence from an extremely controversial brain scanning technique called brain electrical oscillation signature (BEOS) profiling.

Judge Denise Casper didn't accept that argument, but she also didn't prevent them from returning to court with their allegations later, says Paul Rothstein, a professor of torts, evidence, and civil litigation at Georgetown University Law Center in Washington, D.C. «The court is plainly telling these people to raise all their arguments in the administrative proceeding that is still ongoing,» he says.

Bloodhounds are such accurate trackers that they have produced evidence that has been accepted in a court of law.

The Bloodhound's tracking ability is so remarkable and reliable that the end - result of his efforts has been accepted as evidence by many courts of law.

«The judge felt that at this very early stage she could not accept the documentary proof we put forward destroying any evidence of fraud and we look forward to the day when those documents can be considered by the court.»

On the question of infringement the court found that the evidence accepted by the court lead to the conclusion that neither Acadia nor the architect were involved in an unauthorized taking of the conceptual drawings.

R. v. Nde Soh is important because the Court accepted the need to receive evidence on the issue of admissibility as to how the computer system that produced the «electronic documents» worked.

In other words, national courts will have to accept evidence gathered in another Member State, as long as the fairness of the procedure or the rights of defence enshrined in Articles 47 - 48 Charter of Fundamental Rights of the European Union («EU Charter») are not adversely affected (Article 30 (1)-RRB-.

The furthest that the Defendants» evidence goes is to suggest that, if Conversant were to agree to the terms of the Defendants» offers, then the Chinese courts might or would accept jurisdiction.

The tribunal did not accept this and the Court inferred that Mr Grigorishin had in fact lied in his evidence.

However, the General Court accepted Gifi's argument that the Board failed to examine all the evidence it had produced, and the Board's judgment did not mention several of the designs cited: «In the present case, it is clear that, in the light of the Board of Appeal's assertion that it was required to re-examine the application for a declaration of invalidity in its entirety, followed by a one - by - one examination of the contested design in relation only to Designs D 1 to D 17, it is impossible to infer from the wording of the contested decision, or the context in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.»

A party's request that the court rule in its favor based on the documents on file, without accepting evidence.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

The new evidence should have been accepted by the Ontario Court of Appeal because it raised the very real possibility that a young person had been tried and convicted by a court that had no jurisdiction as a result of hisCourt of Appeal because it raised the very real possibility that a young person had been tried and convicted by a court that had no jurisdiction as a result of hiscourt that had no jurisdiction as a result of his age.

The law of evidence governs whether the Court will accept the evidence and for what purpose.

TAKING EVIDENCE BEFORE TRIAL (18) The court may order that a witness whose evidence is necessary at trial may give evidence before trial at a place and before a person named in the order, and then may accept the transcript as eEVIDENCE BEFORE TRIAL (18) The court may order that a witness whose evidence is necessary at trial may give evidence before trial at a place and before a person named in the order, and then may accept the transcript as eevidence is necessary at trial may give evidence before trial at a place and before a person named in the order, and then may accept the transcript as eevidence before trial at a place and before a person named in the order, and then may accept the transcript as evidenceevidence.

The question is the intent of the parties, and the court can look at all relevant evidence to decide whether both sides really meant to use e-signatures to accept the contract.

Overtime, it has become more acceptable for non-medical professionals to have evidence accepted by the Court, although there are still some people who believe Mental Capacity should be the sole domain of the doctor.

The Supreme Court, in dismissing the appellant's appeal against a finding that the local authority's housing duty to her had been discharged, held that the reviewing officer had been entitled to find that there was no medical evidence that a property of its type would have the consequence that the appellant's mental health would be so affected by it as to make it reasonable for her to refuse to accept it in all the circumstances of the case.

Will courts accept a printout of a web page (or, I suppose, a live in - court online presentation of a web page) showing a government URL as being «published by the Queen's Printer», at least in the absence of evidence to the contrary?

The court did, however, note the College's argument that non-visual evidence has been accepted in criminal cases of sexual assault, and in regulatory cases involving allegations of sexual misconduct by health professionals.

The Court accepted that it was proper for the Agency to make assessments of the impact of a proposed corrective measure by examining evidence including: the carrier's budget, corporate plan, performance targets, total revenues, cost - recovery ratio, operational funding surplus, and contingency fund.

The court accepted the plaintiff's expert's evidence that if H believed that a motion to amend was desirable, and that belief was reasonable on the facts and circumstances as known to her at the time, H was not negligent.

However, the Court of Appeal does not accept this as commonsense, and dismissed this renter's injury appeal on the basis that there was no evidence that the use of a fire alarm would have reduced or eliminated the harm.

In these circumstances, it was incumbent on the trial judge to explain that difference to Mr. Watterson [emphasis mine], to explain that the court could not treat the Defence as evidence, and that if he did not call a witness, or testify himself, the court would have no basis upon which to accept, as proven, the facts which the defendants had set out in their Defence.

35 Despite clear evidence of a generally accepted meaning, the Supreme Court effectively chose to re-write a section of the Charter and extended substantially the ambit of democratic legislation that may be reviewed and struck down by the judiciary.

[5] For example, Justice Dunphy noted that even if the truck driver were examined and provided affirmative answers to the questions above, it could not be assumed that his or her evidence would be accepted «as the last word» by the court.

Since in references for a preliminary ruling the determinations of national courts will generally be accepted by the CJEU, and a request to intervene in a preliminary ruling procedure to submit observations on third country law is not possible, there is a risk that a judgment in such a case could be based on an insufficient evaluation of third country law, such as when the evidence concerning such law is uncontested and is presented only by a single party.

An item must be authenticated [2] before it is used as evidence and courts are reluctant to accept twitter posts due to there being significant potential for manipulation and abuse.

The legal distinction between reality and virtual reality applied to court cases is very much open to debate, however, assuming that the environment is as accurate and detailed as possible, the evidence has been integrated correctly and the technology is used in an appropriate way, there is no reason that the virtual can not be accepted as the real; in the same way that security and disability audits can be conducted for the construction industry using 3D models and virtual reality.

The court determined on the evidence that the heirs had formally accepted the estate in May 2009, and only then acquired an interest in the judgment originally obtained by the deceased.

Goodness, from a public - policy standpoint, the persons arguing the case should be entitled to use any non-privileged information that the court accepts as evidence.

His lordship considered on the facts that the Strasbourg Court would not accept that the use of anonymous evidence in the instant case satisfied the requirements of Art 6.

However, it is difficult to accept that it could be in the interests of justice for the court to annul or discharge its own ruling without a compelling reason to do so, such as changed circumstances or fresh evidence.

In judgment, the Court dismissed the similar act application finding in fact that the two cases were not connected in time nor circumstances, and accepted the evidence of G.C..

Courts are generally conservative and can be slow to accept «novel «scientific evidence.