Sentences with phrase «decision upon the evidence»

Not exact matches

«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.

Thomas was looking for empirical data: facts, hard and sure evidence, measurable and quantifiable, upon which he could base his decision as to whether or not to believe in Jesus» resurrection.

For example, against both dualism and reductionistic determinism and in favor of the pancreationist, panexperientialist view that the actual world is made up exhaustively of partially self - determining, experiencing events, there is considerable evidence, such as the fact that a lack of complete determinism seems to hold even at the most elementary level of nature; that bacteria seem to make decisions based upon memory; that there appears to be no place to draw an absolute line between living and nonliving things, and between experiencing and nonexperiencing ones; and that physics shows nature to be most fundamentally a complex of events (not of enduring substances).

I would not have you make any decision on insufficient evidence, but the fact remains that life in this regard presses necessities upon us which we can not avoid.

«I intend to conduct a full, reasoned and independent investigation into this matter, with an open mind, and any decisions that I make will be based upon the evidence,» Clark said in a statement.

«Although this decision puts on hold the justice that New Yorkers got upon Silver's conviction, we look forward to presenting to another jury the evidence of decades - long corruption by one of the most powerful politicians in New York State history.

Kim's statement goes on to say, «Although this decision puts on hold the justice that New Yorkers got upon Silver's conviction, we look forward to presenting to another jury the evidence of decades - long corruption by one of the most powerful politicians in New York State history.

«That is a significant part of this decision, that they find sufficient evidence not only because it means he could be retried but also because it shows there is sufficient evidence to sustain a conviction in this case upon retrial,» he said.

«Although this decision puts on hold the justice that New Yorkers got upon Silver's conviction, we look forward to presenting to another jury the evidence of decades - long corruption by one of the most powerful politicians in New York State history,» he said.

In response staff said they «found no evidence that Darren Grimes and Vote Leave worked together in a way that broke the law... based upon what you have told us, we are content that there is nothing in the information you have provided below that needs us to re-consider this decision.»

«Although this decision puts on hold the justice that New Yorkers got upon Silver's conviction, we look forward to presenting to another jury the evidence of decades - long corruption by one of the most powerful politicians in New York State history,» Kim said.

«The NASUWT remains committed to a negotiated settlement on pensions, but it is important that any agreements are based upon sound evidence and that decisions are made in light of critical information being made available.

The multi-society letter called on the OMB to work with leaders of government agencies to back the use of the best scientific evidence in their decision - making and to see that federal agencies support scientists doing the work required to «produce the knowledge upon which the nation relies.»

«Risk GP» they note, is «the model that many practitioners implicitly rely upon when making evidence - based decisions.»

Federal Judge Jack Weinstein thinks this way as well, observing in 1994 that due to the Daubert decision «Rule 706 of the Federal Rules of Evidence [which gives federal judges the authority to appoint their own experts] will be relied upon more frequently.

In the final phase, an Evidence Summit allows teacher teams to review results, reflect upon their learning, and celebrate accomplishments from the first year - long cycle of data - driven decision making.

«seeks, reflects upon and responds to» — these words emphasize the nature of AFL as an enquiry process involving the active search for evidence of capability and understanding, making sense of such evidence, and exercising judgement for wise decision - making about next steps for students and teachers.

If, upon hearing the evidence and testimony of the parties and their witnesses, the committee shall sustain the charges, it may suspend the defendant from the privileges of membership in the Club for a period not exceeding six months from the date of the decision, except that a defendant so suspended shall be permitted to pay dues owed during such suspension.

In the meantime, I only have my own anecdotal, as well as my friend's and family's anecdotal evidence upon which to make my decisions.

If the scientists stick to science, and the politicians stick to politics and call upon scientists to give evidence and inform policy decisions, they'll all be better off.

I am tempted to leave it to the reader to make a decision between these viewpoints upon the evidence presented, but I think this is too critical a point to just let drop.

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 Co..

No matter what type of trial or what amount of evidence is presented at trial, jurors are never satisfied with the amount of evidence that they must rely upon to make a decision.

There is a price to be paid in necessary legal infrastructure of laws and courts if it is to provide adequate controls and safeguards for the technology upon which our lives are dependent and judges» decision are based; see: «Guilt By Mobile Phone Tracking Shouldn't Make «Evidence to the Contrary» Impossible» (pdf.; and see the summary, using the same title on Slaw, October 4, 2016).

Given that we all depend upon records of all types for all proper transactions, any one of which could become evidence related to a legal proceeding or service, or a decision made about any of us, there can not be a national standard of greater importance.

It was my decision, agreed upon by both Crown and defence, that the witnesses available would testify in - chief to salvage what court time we could, but I was not going to ask the defence to cross-examine either witness until he knew the complete Crown's case that he had to meet, that might be evidenced by the statements of the two recently identified officers who were at the scene.

The Respondents further submitted that the Applicant's work product was «less than expected»; the Applicant's job requirements were changed over time; the Applicant's position was made redundant; business was declining; and that their decision to terminate the Applicant was based upon the restructuring of various functions and departments as evidenced by the elimination of three positions.

However, in unanimous decision, the appeal court upheld the argument of the counsel to the Attorney - General of the Federation, Chief Emeka Ngige (SAN) that Justice Abang was held in error in granting some of the injunctive reliefs sought by Kashamu upon inadmissible evidence.

Also raised in these articles but not in the decision, is the out - lived validity of the theory upon which business record provisions such as s. 42 BCEA, (and s. 35 OEA, and s. 30 CEA), are based, that business records warrant an exception to the rule against hearsay evidence because the profit motive is a sufficient guarantee of the accuracy of record - keeping.

See e.g., these 2 voir dire, murder trial decisions: R. v. Oland 2015 NBQB 245 (the data admissibility decision), & 244 (the opinion evidence admissibility decision based upon the data's admissibility).

Only because of this tactical decision was the Agency compelled to embark upon an assessment of voluminous opinion and lay evidence in order to make factual findings.

Relying on Delgamuukw v. British Columbia, [1997] 3 S.C.R. 1010, at para. 82 and Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 (another decision authored by Brown J.) at para. 36, Brown J. wrote that «the quality of evidence necessary to meet that threshold so as to satisfy a trier of fact of a proposition on a balance of probabilities will depend upon the nature of the claim and of the evidence capable of being adduced.»

To put this language in public law terms, the lack of procedural fairness in the termination decision meant that the decision could not reasonably be relied upon by other public authorities as evidence of unfitness to carry out public contracts.

At the conclusion of each investigation conducted by the SIU, the director prepares a report summarizing the key evidence relied upon in the decision to either lay criminal charges against a police office or to clear the officer of wrongdoing.

Readers will already have enjoyed and surfeited themselves on the decision in Home Office v Essop & Ors which added a whole new dimension to the interpretation and implementation of indirect discrimination law when it comes to cases reliant upon statistical evidence.

● how scientific evidence fits within a prosecution or defence case and how decisions made during investigations impact upon evidence which may be presented at trial.

Absent palpable and overriding error, an appellate court may not substitute its views of the evidence for those of the trial judge and may not interfere with the trial judge's decision provided there was some evidence upon which the trial judge could have reached his or her decision.

At the BC Court of Appeal, West Coast LEAF, again in coalition with CLAS, intends to argue that it is incumbent upon decision - makers to take a flexible approach to discrimination claims, one that allows for evidence of social context.

• The «prima facie» test, whereby the requesting state would have to tender evidence of the alleged crime upon which, taken at its highest, a jury properly directed could convict the defendant, should not be re-introduced because this would require an overhaul of the EAW Framework Decision where a request is made by an EU state, and where a request is made by a non-EU state our judiciary are able to subject cases to an appropriate degree of scrutiny.

The tribunal is obliged to comply with that general duty in conducting the arbitral proceedings, in its decisions on matters of procedure and evidence, and in the exercise of all other powers conferred upon it.

When determining the scope of a child's participation in custody proceedings, the court should find a balance between protecting the child, the statutory duty to consider the wishes of the child, and the probative value of the child's input while ensuring to all parties their due process rights to challenge evidence relied upon by the court in making custody decisions.

The FCA decried the Macris decision for its likely effect on its probes, positing that the need to offer third party rights will delay settlements but when it comes down to it, the regulator must keep an open mind and determine matters upon a review of all of the relevant evidence, including the account of the relevant individuals.

Justice Timms indicated at the conclusion of the evidence that he had considerable prior demands upon his schedule in terms of reserve judgments and that the parties regrettably could expect a long period of reserve before he would be in a position to release his decision and reasons on the trial.

grant a new trial, to so certify the evidence, and to enter such judgment as should have been entered upon that evidence at the same time granting to the party against whom the decision is rendered an exception to the action of the court in that regard.

(2) Upon the request of a party desiring to appeal to the Divisional Court and upon payment of the fee established by the Minister, the Tribunal shall furnish the party with a certified copy of the record of the proceeding, including the documents received in evidence and the decision or order appealed fUpon the request of a party desiring to appeal to the Divisional Court and upon payment of the fee established by the Minister, the Tribunal shall furnish the party with a certified copy of the record of the proceeding, including the documents received in evidence and the decision or order appealed fupon payment of the fee established by the Minister, the Tribunal shall furnish the party with a certified copy of the record of the proceeding, including the documents received in evidence and the decision or order appealed from.

They usually make their decisions after reviewing evidence, considering testimony, and reflecting upon all their legal experience and training... sometimes they're wrong.

Right now, when a judge makes a decision about parenting time s / he does so based upon «a preponderance of the evidence.»

Decisions about funding and expanding such programs should hinge upon accumulating evidence about how best to scale up and sustain the most promising ones.

Too often, judges make custody decisions based upon this unhelpful and inaccurate evidence.

The decision will be based solely upon the arguments, evidence, and testimony offered during this procedural review hearing.