Not exact matches
Phantom Secure also guaranteed the destruction
of evidence contained within a device if it was compromised, either
by an informant or because it fell into the hands
of law enforcement, the DOJ said, citing
court documents.
The governor said he would seek to strengthen state
laws to prevent the purchase or possession
of weapons
by any adult «when either a family member, community welfare expert or
law enforcement officer files a sworn request and presents
evidence to the
court of a threat
of violence involving firearms or other weapons.»
«Attempts now to rewrite the story
of this hate crime appear to be based on untrustworthy sources, factual errors, rumors and innuendo rather than the actual
evidence gathered
by law enforcement and presented in a
court of law,» the spokesperson said.
The report
of another person's words
by a witness, usually disallowed as
evidence in a
court of law.
I know that none
of us believed that he was proved guilty as charged beyond a reasonable doubt, to the point
of moral certainty,
by the
evidence presented to us in
court, construed as the
law provides and as the judge instructed.
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.
«Attempts now to rewrite the story
of this hate crime appear to be based on untrustworthy sources, factual errors, rumors and innuendo rather than the actual
evidence gathered
by law enforcement and presented in a
court of law.
The way to resolve this is
by way
of a new wild mammals welfare
law that would address such situations and any accusations
of causing unnecessary suffering would then be tested in
court on the basis
of evidence, rather than prejudice or ignorance.
Historical and even scientific truth can be merely the consensus agreed upon
by those who presently have the power and influence to determine public opinion, or it can be based on
evidence that has been tested in the laboratory, in debate, or in a
court of law.
Los Angeles County Superior
Court Judge James C. Chalfant had ordered L.A. Unified to show that it was using test scores in evaluations
by Tuesday after ruling earlier this year that state
law required such data as
evidence of whether teachers have helped their students progress academically.
Stronger
laws and oversight could have prevented this facility from declining to this condition, and could have prevented the significant expenses incurred
by local agencies, including the expense
of investigation,
evidence gathering, animal care and
court proceedings.
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.
«Alternative facts is a term in
law to describe inconsistent sets
of facts put forth
by the same party in a
court given that there is plausible
evidence to support both alternatives.
by Kip Hansen ««Alternative facts» is a term in
law to describe inconsistent sets
of facts put forth in a
court given that there is plausible
evidence to support both alternatives.
The CJEU does not elaborate further on this point, but the Advocate General Sharpston, in her opinion, argued that it should not be «open to the
courts in a second Member State to short - circuit the process (and the procedural guarantees offered to the defendant
by the national
law of the first Member State)
by deciding to use what may (or may not) be «new» facts and / or
evidence to try that defendant» (§ 59).
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).
At the same time, the Arbitration
Law sets out the circumstances in which the
courts may support and supervise the arbitral process
by, for example, granting orders in relation to interim measures, the taking
of evidence and staying
court proceedings in favour
of arbitration.
When this sentiment is shared
by the members
of the jury, they may choose not to hold the person responsible even if the
evidence presented in
court has convinced some or all
of the jurors that the person is actually responsible under the disliked
law.
Our work especially consists
of explaining the Swiss liability
law system to the client or the corresponding lawyer abroad, assisting in providing
evidence, drafting
of damage calculations, conducting negotiations with the opposite party and, if necessary, representing our client in
court proceedings in Switzerland
by our litigation department.
On appeal, we argued, and the Superior
Court agreed, that the alleged
evidence of the utility company's control
by contract and conduct (e.g., the presence
of a contract field representative on site, internal safety guidelines, controlling access to the pole when lines were energized, the provision
of certain ladders for access to the pole) was insufficient as a matter
of law to constitute control over the means and methods
of the subcontractor's work, and thus, the utility was not liable as a landowner out
of possession.
If we suspect fraud
by any user or actual or potential client
of Easy Legal Finance Inc., we may investigate and report any
evidence, including personally identifiable information, to
law enforcement and tot eh
courts in the course
of seeking remedies in
law or equity.
... Ultimately, the
law of evidence in Massachusetts is what is contained in the authoritative decisions
of the Supreme Judicial
Court and
of the Appeals
Court, and the statutes duly enacted
by the Legislature.»
Author: Lawyer2Lawyer is hosted
by J. Craig Williams a lawyer with the Williams
Law Firm in Newport Beach, Calif. who also authors May it Please the
Court, and Robert Ambrogi, a solo practitioner in Rockport, Mass., who also authors Robert Ambrogi's Lawsites, Media
Law and BullsEye - Expert Witnesses & Litigation, contributes to Catalyst E-Discovery Blog; The ESI Report is hosted
by Michele C.S. Lange, a staff attorney in the electronic
evidence services group at Eden Prairie, Minn. - based Kroll Ontrack Inc.; Workers» Comp Matters is hosted
by Alan S. Pierce, who practices at Alan S. Pierce & Associates in Salem, Mass.; and Ringler Radio is co-hosted
by Ringler Associates» Larry Cohen (North Andover, Mass.) and Donald J. Engels (Chicago);
Law Technology Now is hosted
by Monica Bay, who is editor - in - chief
of Law Technology News and also authors The Common Scold; In - House Legal is hosted
by Paul D. Boynton
of MCB Communications in Needham, Mass.; The Kennedy - Mighell Report is hosted
by Dennis Kennedy, who also authors DennisKennedy.com and is a columnist for the ABA Journal, and Tom Mighell.
Our
law firm has helped hundreds
of auto accident victims
by handling all
of the legal paperwork, speaking with the insurance companies, collecting
evidence, and then representing the client in
court.
During its 2005 - 06 session, the Wisconsin Legislature responded expeditiously
by passing legislation that not only reversed the Supreme
Court decisions, but also attempted to move Wisconsin into the mainstream in the areas
of product liability
law and the admission
of expert opinion
evidence.
EnCE certification and the EnCase ® forensic software are validated
by the supreme
courts in both Canada and the US, you are assured that
evidence collected is admissible in a
court of law.
This case was followed shortly thereafter
by an immigration
law case in the Federal
Court which occurred in July 2005, 2005 FC 1050, at para 10 ``... That
evidence included a variety
of items such as newspaper articles, an e-mail «blog» and a report
by a human rights organization...» (e-mail «blog» in quotations in original source).
Although this appeal does not raise only issues
of credibility, I agree with the majority
of the
Court of Appeal that the trial judge's decision was reasonable, was supported
by the
evidence and that he had committed no error in the application
of the relevant
law to the facts.
Legal principle must try «to keep the
law abreast
of the society in which [the judges] live and work»: «If the
law should impose upon the process
of «growing up» fixed limits where nature knows only a continuous process, the price would be artificiality and a lack
of realism in an area where the
law must be sensitive to human development and social change... Unless and until Parliament should think fit to intervene, the
courts should establish a principle flexible enough to enable justice to be achieved
by its application to the particular circumstances proved
by the
evidence placed before them.»
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.
In a comment made in a speech on the eve
of the 2017 General Election and less than a week after the London Bridge attack, she vowed to beef up counter-terror powers
by restricting «the freedom and the movements
of terrorist suspects when we have enough
evidence to know they present a threat, but not enough
evidence to prosecute them in full in
court... And if human rights
laws stop us from doing it, we will change those
laws so we can do it.»
Last year, the Illinois Innocence Project assisted in the passage
of a
law, which for the first time in Illinois allows those convicted
by a guilty plea to go to
court to get
evidence tested that might exonerate them because they are innocent.
The
Court unanimously found that, while the actions
of the Downtown Ambassadors had negatively impacted the street homeless population, and that Indigenous and disabled persons (groups protected
by human rights
law) are over-represented in the street homeless population, the
evidence presented was not enough to show that Indigeneity and disabled status were factors in the negative treatment experienced
by the group to show discrimination under the Code.
The job
of the
court is to review the administrative proceedings to ensure that the agency proceeded in accordance with the
law, that the employee received a fair trial with the agency, and that the agency's decision is supported
by the
evidence and findings.
[6] With no factual or expert
evidence admissible on the motion, the
Court noted that «a Rule 21 motion is not the appropriate vehicle» 7 to decide whether the common
law definition
of absolute privilege should extend to statements made
by municipal councilors in council meetings on the basis
of necessity.
The decision is also backed
by Law Society president, Andrew Holroyd, who said in an interview with BBC News 24 that, «in light
of the use
of intercept
evidence in other jurisdictions, the ongoing use
of foreign intercept
evidence in UK
courts and improved EU co-operation, the introduction
of intercept
evidence is the logical next step».
In a second ruling yesterday, the
court unanimously accepted the Crown's appeal
of a decision
by Justice Williams to sever the 26 counts
of first degree murder into six and twenty as well as errors
of law in three rulings on
evidence and errors in the jury charge.
His weak grasp
of evidence law and the Rules
of Civil Procedure led to considerable time and effort spent
by opposing counsel to address matters (for example, the testimony
of «experts» that the
court ultimately refused to qualify as experts) that never amounted to anything.
Under our system, which is governed
by the rule
of law, decisions as to which
evidence is to be produced or admitted is for the
courts.
In our view, the principle that a litigant should be able to see and hear all the
evidence which is seen and heard
by the
court determining his case is so fundamental, so embedded in the common
law, that, in the absence
of parliamentary authority, no judge should override it, at any rate in relation to an ordinary civil claim, unless (perhaps) all parties to the claim agree otherwise.
The issue to be decided
by the
Court was whether the question of what expert evidence the court should order should be decided by reference to the law of the forum or the applicable
Court was whether the question
of what expert
evidence the
court should order should be decided by reference to the law of the forum or the applicable
court should order should be decided
by reference to the
law of the forum or the applicable
law.
Our
law firm's success on behalf
of individuals and families affected
by negligence in diagnosis or treatment is based on our years
of experience gathering, analyzing and presenting complex medical
evidence to insurers and before the
courts.
The
Court cited previous case
law for the proposition that the assessment
of diminished earning capacity must be based on the totality
of the
evidence, rather than a purely mathematical calculation, and that the Plaintiff should be put in the position he or she would have been without the injuries caused
by the negligence
of the Defendant.
14 Rule 13 - 3 (2)
of the Supreme
Court Family Rules provides that any party who wishes to present to the
Court expert opinion
evidence on a financial issue (defined in Rule 13 - 3 (1) as an issue arising out
of a claim under Part 5 or Part 6
of the Family
Law Act, SBC 2011, c 25), that
evidence must be presented to the
Court by means
of a jointly appointed expert unless the
Court otherwise orders or the parties otherwise agree and Rule 13 - 4 applies.
Best had been convicted in 2010 in his absence upon the provably fabricated
evidence, deliberate written and oral lies placed before the
court by corrupt Toronto lawyers Lorne Silver and Gerald L. Ranking
of the Cassels Brock and Fasken
law firms.
... the district
court erred in dismissing a juror, based largely on its finding that the juror was purposefully disregarding the
court's instructions on the
law, where the record
evidence raised the possibility that the juror's view on the merits
of the case was motivated
by doubts about the defendants» guilt, rather than
by an intent to nullify the
law.
[45] In the present case, it is important to note that the expert
evidence is being provided
by the expert specifically appointed
by the
court under s. 211
of the Family
Law Act to assess the needs
of the child and the ability
of the parents to meet those needs.
On the other hand, where the path taken
by the trial judge through confused or conflicting
evidence is not at all apparent, or there are difficult issues
of law that need to be confronted but which the trial judge has circumnavigated without explanation, or where (as here) there are conflicting theories for why the trial judge might have decided as he or she did, at least some
of which would clearly constitute reversible error, the appeal
court may in some circumstances consider itself unable to give effect to the statutory right
of appeal.
In Dunkin Brands Canada Ltd. v. Bertico Inc., the
Court of Appeal began its reasons with a dissection
of the language used
by the appellant in the factum, referring to «gross errors
of law»,
evidence that was «almost completely ignored» and «blatant» mistakes
of fact.
The
Court in Avanes frequently cites an article
by Justice David Paciocco on e-
evidence, «Proof and Progress: Coping with the
Law of Evidence in a Technological Age» (2013), 11 CJLT 181.