Sentences with phrase «established by proof»

Confusion is fully established by proof that the Respondent's domain name is equally descriptive of the Appellant and contains its acronym.

Elsewhere, Scott Nelson at Consumer Law & Policy Blog discusses two Fair Credit Reporting Act cases the Court accepted yesterday that raise the question of whether a willful violation is established by proof of reckless disregard of the law.

[48] Exclusivity might be established by proof that others were excluded from the land, or that others were only allowed access to the land with the permission of the claimant group.

McNeil traces the British Columbia Court of Appeal's «postage stamp» approach directly back to Chief Justice McLachlin's decision in Marshall / Bernard, noting that «she disagreed explicitly with the territorial approach that had been taken by Cromwell J.A. (as he then was) of the Nova Scotia Court of..., favouring instead a site - specific approach whereby Aboriginal title has to be established by proof of physical occupation of specific sites...».

(A problem that could easily be solved for legal proceedings by amending subsections such as, s. 31.5 CEA and s. 34.1 (8) OEA, and s. 41.6 of the Alberta Evidence Act (AEA), to state that «systems integrity» can be established by proof of compliance with 72.34.)

Not exact matches

Maryland passed the state's auto - IRA bill by a veto - proof majority on April 12, establishing the Maryland Small Business Retirement Savings Program.

In 1837, the first editor of Washington's Collected Works wrote: «If a man who spoke, wrote, and acted as a Christian through a long life, who gave numerous proofs of his believing himself to be such, and who was never known to say, write, or do a thing contrary to his professions, if such a man is not to be ranked among the believers of Christianity, it would be impossible to establish the point by any train of reasoning.»

If it can be proven that every value in A is also exists in B, then B is not a proper subset of A, establishing a proof by contradiction; ergo A = B. However, if a value can be identified that exists in A, but doesn't exist in B, then the proposition is proven

Education law, as summarized by the New York State School Boards Association and the New York State Bar Association, says the burden of proof rests on the entity or person who challenges vote results to establish facts that would justify invalidating results.

Justice Galadanchi said the petitioners failed to discharge the burden of proof placed on them by law, adding that the petitioners further failed to establish that the elections in the 13 local government areas were invalid or void by reason of corrupt practices.

«We have established proof of principle that it is possible to produce ankle block in the rat by intravenous injection of magnetic nanoparticles associated with ropivacaine and magnet application at the ankle,» write Dr Venkat R.R. Mantha and colleagues of University of Pittsburgh School of Medicine.

VAC2VAC stands for «Vaccine batch to vaccine batch comparison by consistency testing» and has the objective to deliver a proof of concept of consistency approach for batch release testing of established vaccines using sets of in vitro and analytical methods.

As I report in Quanta today, a new computer - assisted proof by the French mathematician Michaël Rao establishes that there are precisely 15 families of convex pentagons that tile the plane — including the four that Rice discovered.

The case study outlines Delaware's involvement in the RSN Sustainability Work Group and three sustainability lessons learned by the State Education Agency (SEA): focus on what works, establish proof points for the SEA technical assistance role, and don't forget to communicate.

By showing your followers that other people are hyping your book, you're able to establish some social proof behind the idea that your launch and your book are important.

(B) Except in the normal performance of duty as a mobility or signal aid, this paragraph does not prevent the owner of a housing accommodation from establishing terms in a lease or rental agreement that reasonably regulate the presence of guide dogs, signal dogs, or service dogs on the premises of a housing accommodation, nor does this paragraph relieve a tenant from any liability otherwise imposed by law for real and personal property damages caused by such a dog when proof of the damage exists.

A. All licenses, permits and registrations may be renewed by payment of the renewal fee and submission of proof of completion of continuing education requirements as established by regulation of the board.

The application shall contain other information and proof as required by regulation of the board and shall be accompanied by an application fee established by the board.

A deposit established by Animal Control shall be paid by the adopter at the time of adoption and refunded once proof of neutering is presented to Animal Control.

(b) The claim for damages to livestock, in addition to being governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, shall be accompanied by a statement by the local animal control officer relating to the probable cause of death of the animal and by proof submitted by the owner of the livestock to establish the value of the animal.

Proof of citizenship can be established by a passport / identity card.

A sequence is established here: a proof printed in black, overworked with paint and graphite, followed by further work on the plate, and a new stand - alone etching that is not meant as part of an edition, but as a new moment of thought.

The philosopher of mathematics Imre Lakatos argued that «mathematics does not grow through a monotonous increase of the number of indubitably established theorems but through the incessant improvement of guesses by speculation and criticism, by the logic of proofs and refutations.»

If we used only one scheme in only one country that may only be proof that a lesser efficient way works, and inadvertanly hamper efforts to establish independence by the most effciient methods.

There may be affinities between such games and Climateball ™, as they help model proofs, i.e. ways of establishing truths, by way of an interactive process.

According to Childs v. Desormeaux, once a prima facie duty of care is established by the plaintiff, the burden of proof shifts to the defendant to demonstrate countervailing policy considerations.

However, before examining the lessons provided by this decision, it would be a useful reminder to review the proof necessary to establish criminal negligence.

In denying the plaintiff's request for a new trial, the 1st U.S. Circuit Court of Appeals ruled that instructions incorporating a legal analysis on the shifting burdens of proof in employment discriminbation cases established by the U.S. Supreme Court in 1973 is appropriate when a trial court judge «translate [s] it into everyday parlance and fit [s] it to the facts and circumstancews of a particular case.»

If the burden of proof established in paragraph IV is met, the burden shifts to the non-custodial parent to prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.

In summary, proof of a recall by itself is not sufficient to establish a personal injury case.

(d) proof of all material facts for the purpose of clauses (a), (b) and (c) is established by oral evidence.

There must be a bona fide proof issue (i.e. doubt as to the state's ability to establish a DWI violation) in order for a downgrade or dismissal to be permitted by a Municipal Court Judge.

The reason for this rule is to avoid burdening the legal system by having to call evidence to establish facts that the Court (here the Supreme Court which binds all the other courts in Canada), states constitutes common knowledge and therefore proof by the parties is not required.

Employee accommodations should be established on a case by case basis and it is important to seek medical proof of prescription and also sufficient medical indication that the employee actually has to ingest marijuana during working hours, if that is the case, together with information regarding the method and regularity of usage relating to an employee's prescription.

The burden of proof on a private access leave application is a lower burden than the civil balance of probabilities (i.e., an private access applicant need only establish sufficient credible evidence of the alleged conduct to lead to a bona fide belief by the Tribunal).

However, today's announcement means — unlike workers with other physical injuries — injured workers claiming benefits for chronic mental stress will be unfairly restricted by having to establish a higher standard of proof for entitlement.

Required elements of proof: The underage DWI statute establishes three elements of proof that must be proven by the prosecution.

Actually [the district court] did commit one clear error on the fiduciary count, and that was to apply the normal civil standard of preponderance of the evidence, rather than the higher standard of proof — proof by clear and convincing evidence — that Illinois requires to establish the existence of a fiduciary duty outside of the per se categories such as lawyer - client and guardian - ward.

Richard Gaskins, in his book Burdens of Proof in Modern Discourse -LRB-(Yale University Press: New Haven, 1992), examines the ways in which both burdens of proof and types of arguments well established in law are borrowed or at least adopted by other academic disciplProof in Modern Discourse -LRB-(Yale University Press: New Haven, 1992), examines the ways in which both burdens of proof and types of arguments well established in law are borrowed or at least adopted by other academic disciplproof and types of arguments well established in law are borrowed or at least adopted by other academic disciplines.

Ultimately, however, whether or not a court is satisfied that the claim has been made out will depend upon a full consideration of all the factors pertaining to an individual vehicle; this will usually be established to the requisite standard or proof only by commissioning an engineer to examine the vehicle in its repaired state.

The Court of Appeal endorsed the view expressed in some of the Ontario authorities that until the issue has been determined substantially, there is an argument to be made that a claim in waiver of tort may be established for the class as a whole by proof of wrongful conduct and resulting gain to the defendant without proof of any loss by the plaintiff.

«Burden of proof» is expressed by identifying a party who, to be successful in the proceeding, has the onus of establishing that the evidence for or against a proposition meeting the applicable «standard of proof».

It is even clearer that «fairness and justice» is a third precondition for the use of Resurfice material contribution; «fairness and justice» is not established merely by satisfying the impossibility and ambit of risk requirements; and it seems the plaintiff has the onus of proof on the fairness and justice requirement, too.

It alleges that the motion judge reversed the onus of proof by requiring the appellant to establish that an action would have been appropriate when the allergic symptoms first appeared in 2010 and also that she applied a subjective rather than objective standard to the determination of when a proceeding would be an appropriate means to seek to remedy the injury, loss or damage.

The OpenST utility chains also extend the established ETH gas market to pay for transaction fees, but the utility chains can run at lower cost because Mosaic validators can operate in a collaborative environment guarded by Ethereum's adversarial Proof - of - Work.

The Committee, having taken note of the explanations provided by the delegation, invites the State party to envisage regulating the burden of proof in civil proceedings involving racial discrimination so that once an alleged victim has established a prima facie case that he or she has been a victim of such discrimination, it shall be for the respondent to provide evidence of an objective and reasonable justification for differential treatment.

As Justice O'Loughlin noted in the case of Cubillo v Commonwealth6 litigation brought by members of the Stolen Generations will also often have a number of inbuilt barriers to success, including lack of availability of critical evidence; difficulties in establishing the required onus of proof with the passage of time; the prejudice to the defendant given the frailty, illness and death of key witnesses; and the loss and or destruction of records and material documents.

In some states, such as North Carolina, courts are required to terminate alimony, if established by court order, upon the paying spouse's proof of cohabitation by the receiving spouse.

If the burden of proof established in paragraph IV is met, the burden shifts to the non-custodial parent to prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.

However, by raising the threshold for addition as a party, as well as requiring the proposed respondent to carry the burden of proof in establishing why they should be added, this would contribute to the more effective management of the number of parties to claims.