Sentences with phrase «demonstrating by a preponderance of the evidence»

[Petitioners] failed to demonstrate by a preponderance of the evidence that a modeling time horizon extending to the year 2300 is reasonable.

Under law, a victim of medical malpractice has the burden of proof in the case to demonstrate by a preponderance of the evidence that the defendant health care provider was negligent or «breached the standard of care.»

In other words, the one - bite rule makes it necessary to demonstrate by a preponderance of the evidence that the animal's owner was negligent in preventing the attack from occurring.

Not exact matches

In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.

(b) This burden is to demonstrate, by a preponderance of the evidence, that the service agent was in serious noncompliance with the requirements of this part for drug and / or alcohol testing - related services or with the requirements of another DOT agency drug and alcohol testing regulation.

The debtor must establish, by a preponderance of evidence, the following: (1) the debtor would not be able, at their present income and expense levels, to maintain a «minimal» living standard while repaying the debt; (2) «additional circumstances» demonstrate that this situation will continue for much of the repayment period; and (3) the debtor has attempted in good faith to pay the debt.

p. 31 «The wwwistrative Law Judge concludes that Peabody Energy has failed to demonstrate, by a preponderance of the evidence, that climate change is not occurring or, to the extent climate change is occurring, the warming and increased CO2 in the Earth's atmosphere are beneficial.»

p. 31 «The Administrative Law Judge concludes that Peabody Energy has failed to demonstrate, by a preponderance of the evidence, that climate change is not occurring or, to the extent climate change is occurring, the warming and increased CO2 in the Earth's atmosphere are beneficial.»

Proving a proposition by a preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.

Custodial parent seeking permission to relocate bears the initial burden of demonstrating, by a preponderance of the evidence, that the relocation is for a legitimate purpose and the proposed location is reasonable in light of that purpose; once the custodial parent has made such a prima facie showing, the burden shifts to the noncustodial parent to prove, by a preponderance of the evidence, that the relocation would not be in the best interests of the child.

The custodial parent seeking permission to relocate bears the initial burden of demonstrating, by a preponderance of the evidence, that:

The custodial parent seeking permission to relocate bears the initial burden of demonstrating, by a preponderance of the evidence, that: