He contended that the tribunal had misunderstood the law regarding dishonesty, despite the references to Twinsectra Ltd v Yardley [2002] UKHL 12, [2002] 2 All ER 377, and second, that the tribunal had not appreciated the relevance of the highly impressive
evidence of good character which had been placed before it.
Appeal decision: A regulatory body has, in registration matters, a necessarily implied power to accept witness testimony on oath or affirmation, and to provide for the cross-examination of witnesses, where
evidence of good character conflicts and turns on credibility: ``... an oral hearing is a necessary incidental power available to the Council in circumstances where evidence relevant to good character is in conflict, and credibility is in issue.
Yet in Joshi v. BCVMA, 2010 BCCA 129, the Court of Appeal recognized an implied power of the BCMVMA Council to take oral evidence on oath or affirmation, and to allow the cross-examination of witnesses, since the absence of such powers would be «contrary to the statutory obligation of the Council to only admit applicants with satisfactory
evidence of good character.»
In cross-examining the accused (if he or she testifies), the Crown can cross-examine not only on general reputation, but on specific acts of bad character or misconduct that are similar in nature to the offences charged, in order to neutralize
the evidence of good character.204 The trial judge retains the discretion to disallow such cross-examination where it would result in undue prejudice.205 If the accused made a statement to police that has been ruled voluntary, and there is an admission therein which is contrary to the evidence led by the accused in relation to his or her good character, the Crown should consider cross-examining the accused on that prior inconsistent statement.
In the context of a sexual assault allegation, courts have held that
evidence of good character has limited value.
He defended himself by repeatedly saying that he is not racist and apologizing to anyone he has hurt with his comments the prior night or any other time, while offering his appearance the day before with the Rev. Al Sharpton and Jesse Jackson as
evidence of his good character.
Most look for
evidence of good character and interpersonal skills, or the potential to develop them, especially in students headed for ministry, priesthood and the rabbinate.
Not exact matches
(4) But this double
character of the formation
of the text, as
well as its interpretation and reception, is a dialectic in which the act
of faith persists and
evidences from start to finish the guidance
of God's Spirit
of truth (Brueggemann).
doubtful jesus ever lived, no
good evidence if he ever did live, he didn't do any magic tricks from the bible, he was just a cult leader the fictional
character of jesus said some great things about love, but also supported slavery and other awful things
Not only is the Gospel
evidence for such healings exceedingly
good, but they are also congruous with the
character of Jesus and with historical probabilities generally.
Like psychologist and author Madeline Levine, whose recent book Teach Your Children
Well instructs otherwise well - intended parents to value character ahead of achievement, Tough finds evidence that children of the well - off are often denied the hard life experiences that would allow them to develop the qualities that breed succ
Well instructs otherwise
well - intended parents to value character ahead of achievement, Tough finds evidence that children of the well - off are often denied the hard life experiences that would allow them to develop the qualities that breed succ
well - intended parents to value
character ahead
of achievement, Tough finds
evidence that children
of the
well - off are often denied the hard life experiences that would allow them to develop the qualities that breed succ
well - off are often denied the hard life experiences that would allow them to develop the qualities that breed success.
Michigan: Custody is awarded based on the
best interests
of the child, based on the following factors: moral
character and prudence
of the parents; physical, emotional, mental, religious and social needs
of the child; capability and desire
of each parent to meet the child's emotional, educational, and other needs; preference
of the child, if the child is
of sufficient age and maturity; the love and affection and other emotional ties existing between the child and each parent; the length
of time the child has lived in a stable, satisfactory environment and the desirability
of maintaining continuity; the desire and ability
of each parent to allow an open and loving frequent relationship between the child and other parent; the child's adjustment to his / her home, school, and community; the mental and physical health
of all parties; permanence
of the family unit
of the proposed custodial home; any
evidence of domestic violence; and other factors.
While Carl subsequently points to
evidence which substantiates his original claim, Barnett raises a
good point about the multi-national
character of British identity, which would inevitably be diminished by Scottish separation.
The government said it wanted to use
evidence of the affairs at Mr. Silver's sentencing, most likely to counter testimonials from the defense that he was a man
of good character, strong ethics and integrity.
Still, it does remain interesting and quite watchable even if the
characters and story are cartoonish, but any aspirations
of being a
good film get blown into the wind by a grossly overblown deus ex machina ending and is further
evidence of De Palma's problem: he has so much fun setting things up he seems begrudging when he has to end it, and it's a letdown both for him and for us that he can't punctuate things properly.
So when the director
of the movie comes out to squash fan speculation and put a damper on any potential disappointment - especially when there's been no
evidence Captain Marvel is in the movie - it's
best we should believe him and focus on the multitude
of characters that already are in Infinity War to look forward to.
«At the same time, there is a strong
evidence - base indicating that the use
of dramatic enquiry — a drama - based practice where the teacher and pupils work in roles within a fiction to explore a story in a particular setting with developing
characters — as
well as the creation
of a «community
of writers», where the teacher writes alongside the children as a role model, can make the process
of writing more meaningful for children.»
«So there's
evidence that on average girls are encountering a
good number
of characters of both genders while boys are almost only encountering books about boys,» he says.
Perhaps the
best evidence of the program's success, however, can be found at the Allen Elementary School in Dayton, Ohio, the first school in the nation to implement the
character education program upon which the Your Environment program is based.
«With more than 100 schools and 13 networks now engaged in the programme, involving schools
of every
character and context, Aspire is now
well on its way to becoming established as a national school improvement movement, reflecting the power
of research and
evidence to guide in - school practice, building collaboration and trust between schools, and investing in the development
of the current and prospective leaders that are so critical to the future health
of our education system.»
Based on our record
of systematic evaluation, we are recognized as providing
evidence - based
best practice in civic,
character, and history education.
If it's lacking something it's more
of the
character and playfulness
of the Rallye — the Mini's handling is just a touch inert — but it's still a cracking little entry - level evo car, and on this
evidence one that wears its years
well.
In a 2009 discussion for National Public Radio,
evidence is shown to support the claim that employers indeed use credit ratings to determine the trustworthiness
of a candidate, as
well as to judge the
character of a person they consider qualified to work for them.
While the technical aspects
of value investing (screening for and valuing low P / E or P / B stocks) are
well understood and documented, there has been no attempt to understand the role that an investor's individual
character plays in investing success even though anecdotal
evidence does point to the importance
of character and temperament.
Eagle - eyed fans noticed in the background
of the last Direct
evidence of four unannounced
characters including what appears to be a robot, so don't be surprised to see some new fighters announced as
well.
For more than a decade, Dávila has configured distinctive aesthetics in his body
of work,
evidencing both his education as an architect as
well as his
character of self - taught historian.
[11:20 p.m. Updated Prompted by Twitter discussions (more
evidence that 140
characters can matter) I'm adding this note to stress that publicity has preceded peer review on research supportive
of fracking, as
well, as was the case recently with a State University
of New York, Buffalo, study.]
Indeed, the scope and the
character of these climate changes are
evidence of greenhouse warming, which is the
best explanation for these climate changes.
Second, the accused may lead
evidence of specific acts
of good character.
The value
of good character evidence may still be generally relevant in the context
of credibility; however, where the central issue is whether or not the sexual offence occurred, credibility may not be easily separated from propensity.203
Despite the fact that the law society itself has found little
evidence that past misconduct is a meaningful predictor
of future behavior, the
good character requirement is designed to protect the public, to maintain high ethical standards and to maintain public confidence in the legal profession.
These pieces
of evidence would be able to paint a picture
of the parenting abilities
of a spouse through demonstrating their history as a parent, their mental health as
well as their general
character and trustworthiness.
See, for example, the September 28, 2012 Report
of an Article 27 Panel under TILMA (concerning a measure by the B.C. College
of Social Workers), where a B.C. College rejected an Alberta applicant for bad
character, and a majority
of a panel held that the burden lay on the College to show
evidence of lack
of good character.
The «necessary incidental jurisdiction»
of the BCVMA to «conduct an oral hearing» where
evidence relevant to
good character is in conflict strongly implies a power
of any body charged with admitting only fit applicants to access and test all relevant
evidence.
[If the
evidence establishes that a witness's
character for truthfulness has not been discussed among the people who know him or her, you may conclude from the lack
of discussion that the witness's
character for truthfulness is
good.]
(6) the lawyer partners in the firm make reasonable efforts to establish that each nonlawyer with a financial interest in the firm is
of good character, supported by
evidence of the nonlawyer's integrity and professionalism in the practice
of his or her profession, trade or occupation, and maintain records
of such inquiry and its results; and
At the
good character hearing, the ex-con offered
evidence of his remorse and recognition
of the impact
of his offences on the victim and on his family.
In March a crown court in the midlands entertained with enthusiasm a suggestion that a defendant
of previous
good character, facing a murder charge, should have the
evidence that he was sent off in a football match for elbowing an opponent placed before the jury.
Evidence of a solicitor's good character, above that simply due from being on the roll of solicitors, is potentially relevant to the question of whether or not a solicitor has acted dishonestly and the Solicitors» Disciplinary Tribunal is bound to consider such e
Evidence of a solicitor's
good character, above that simply due from being on the roll
of solicitors, is potentially relevant to the question
of whether or not a solicitor has acted dishonestly and the Solicitors» Disciplinary Tribunal is bound to consider such
evidenceevidence.
The tribunal made no reference whatsoever to the cogent
evidence of positive
good character when setting out its findings on dishonesty.
Even if you only have internship experience, a
well - crafted internship resume can impress a hiring manager with
evidence of your commitment and strength
of character.
There is a general notion in the law that a trial court that actually sees the
evidence and hears the testimony is a
better judge
of credibility,
character and overall general impressions
of the parties.
Researchers in university departments
of psychology and educational assessment, as
well as scientists at various measurement companies, have been industriously innovating, developing
evidence - based systems by which we can effectively student
character strengths and noncognitive skills.
One might think that advocates
of social emotional learning, knowing the importance
character development and recognizing the value
of using
evidence for
better decision - making, would strongly support measurement
of student learning in this domain.