Sentences with phrase «expert evidence presented to»

Justice Sackville rejected expert evidence presented to him by the claimant group.

Not exact matches

«A leading expert on making decisions and influencing others presents a career's worth of evidence on why the views you don't want to consider are often the ones you need to hear most,» is Grant's quick description of this book, out March 20.
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.»
Some expert readers have claimed to find internal evidence that chapters 2 and 4 stand closest to 587 (on the strength, chiefly, of an «eyewitness» quality allegedly not present in the others); that chapters 1 and 5 are a little later; and that chapter 3 is the latest of the five.
«But we have to be honest and say that, based on all the evidence, including data presented by the drug companies themselves, our experts have concluded that these drugs do not make enough of a difference for us to recommend their use for treating all stages of Alzheimer's disease.
24 international experts were brought together to systematically review existing research and present evidence - based recommendations for the treatment and prevention of dementia.
The Vergara ruling makes clear that Judge Treu failed to engage the evidence presented in court by education experts and school superintendents who testified that teacher rights are not impediments to well - run schools and districts.
For the first time, an Environmental Review Tribunal had defined the measures it deems, based on the evidence and expert opinion presented before it, necessary to protect the species at risk.
Evidence would seem to suggest that they have explained a good deal — in order to counter this evidence, you must run to amateurs who do not work in their field and willfully ignore the evidence presented by the Evidence would seem to suggest that they have explained a good deal — in order to counter this evidence, you must run to amateurs who do not work in their field and willfully ignore the evidence presented by the evidence, you must run to amateurs who do not work in their field and willfully ignore the evidence presented by the evidence presented by the experts.
Dr Vincent Gray, expert reviewer of IPCC Assessment Reports since their inception, has up - dated his extensive paper «The Global Warming Scam», (to August 2009), in which he shows that none of the evidence presented by IPCC confirms a relationship between emissions of greenhouse gases and any harmf...
No one hinders you to study the scientific papers yourself and evaluate the evidence and arguments presented in them, on which those expert opinions in the IPCC Report are formed.
«[O] ur conference features international top scientists and experts, presenting pressing evidence to reconsider or stop the current policies aimed at «saving the climate»,» reads a description of the event at the Berlin Manhattan Institute.
Some of that information was presented to a court in Ontario in July 2011, in which Professor Carl Phillips was one of many knowledgeable experts who gave evidence, where the judges found that on the basis of extensive expert evidence led by the wind industry and the appellants that wind turbines can cause harm to health, but that further research is required.
As discussed on the Slaw blog, hot - tubbing is the phrase used to describe «a new method of presenting expert evidence at trial.
In addition, the proposal explicitly mentions the right to legal aid (Article 34) and the right to present evidence, appoint experts and hear witnesses (Article 35), but these rights are also covered by Article 6 ECHR.
In court, the accident reconstruction experts may present evidence and explain accident events to the jury.
Will Florida lawyers be required present expert evidence from veterinarians on a certain breed's temperament in order to justify use of an animal logo or mascot?
The passenger seatbelt clasp was found to be undone which the defendant through expert evidence argued that in a collision there would have been some stress markers on the seatbelt if worn that were not present and as such they alleged it had not been worn.
If your claim is denied, you will have to present medical evidence, expert opinions, and legal rationale about why your claim should be approved.
Our commitment to gaining & maintaining extreme knowledge: a. Of Texas substantive product liability law; b. Of Texas & federal expert exclusionary law; c. Of how to destroy adverse experts during deposition & trial cross examination, and through the use of testing, demonstrations, statistical, and other technical evidence presented by a team of highest quality experts; d. Of the overlapping technical issues arising in product liability cases relating to the specific types of technologically advanced products that we defend, which overlapping of issues facilitates our development and maintenance of our extreme knowledge.
Arrange all other necessary experts (including medical and actuarial experts) to present evidence in court;
Our attorneys regularly partner with leading scientists, technical experts and consultants to present the most effective evidence and strongest legal arguments.
It has cropped up in everything from a Supreme Court of Pennsylvania dispute over the qualifications of expert witnesses — «No more flimflam, higgledy - piggledy, harum - scarum expert witnesses» 12 — to the 8th Circuit's affirmation of a trial court's discretion over the order in which evidence is presented — «[t] o ensure that trial does not proceed higgledy - piggledy.»
«We were not arguing that the Crown could not admit evidence of breath tests in court,» he adds, but that where the demand for the breath test was not made on lawful grounds, the Crown would have to revert to traditional methods of presenting evidence: namely, expert evidence given in a courtroom, rather than hearsay evidence of the certificate recording of the accused's breath readings.
To put it shortly, the expert presenting this evidence did it badly, and the data he used to form his estimate of probability were less than precisTo put it shortly, the expert presenting this evidence did it badly, and the data he used to form his estimate of probability were less than precisto form his estimate of probability were less than precise.
The limited number of LAT decisions rendered to date, provide several examples of accident victims being unsuccessful in their claims because they failed to present sufficient documentary evidence and supporting medical opinions to counter the expert medical opinions which the insurers obtained from their medical specialists.
«The Committee recommends fresh evidence regarding real - world investment behaviours and a slower first review, requiring a decision of the full expert panel rather than just the Lord Chancellor, and involving mandatory consideration about whether to move to a mixed - rate methodology rather than the present single rate approach.
An expert witness gives hearsay evidence (that is to say, he gives an opinion, not an eye - witness's evidence): necessarily so, because he was not present at the scene of the crime (or, in a civil case, he did not see the events at issue occur).
However, of equal importance, ultimately is an expert having a thorough knowledge of the subject matter forming the basis of their evidence, and also having a propensity to review opinion if presented with information during the process that warrants it, rather than allowing such matters to ultimately undermine an expert's position under cross examination.
Counsel need to present the expert evidence in ways that allow adjudicators to better assess when an expert is basing an opinion on a set of facts or principles on which there is a strong consensus and when the expert is expressing a minority or dissenting opinion that is not widely supported.
The ultimate requirement for experts under Part 35 and 25 Civil Procedure Rule and other such protocols, and indeed the RICS guidance to surveyors acting as expert witnesses, is to maintain an expert's ultimate duty to the Court in preparing and presenting evidence, and obviously not to their instructing parties.
The three analogies: (1) whereas a pre-electronic paper record can be symbolized by a piece of paper in a file drawer, an electronic record is like a drop of water in a pool of water, i.e., it is completely dependent upon its ERMS for its existence, accessibility, and «integrity» (as that word is used in the electronic records provisions of the Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and inEvidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and inevidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and inevidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and injustice.
CCLA has already presented valuable evidence and expert testimony to the court.
We have access to medical experts to gather the evidence necessary to understand and present your claim.
When presenting a claim at trial dealing with future loss it is vital to have appropriate expert evidence to justify sought damages.
The judge found the medical expert opinion evidence presented to be highly unsatisfactory.
Unlike some firms, we have the resources to develop evidence, hire nationally known experts, and employ sophisticated accident reenactments and design demonstrations when presenting cases in court.
We handle all matters related to personal injury claims stemming from hospital error, we gather and evaluate all necessary evidence, and retain expert witnesses, if necessary, to prepare and present testimony to support your claim.
Today, the majority of the court ruled in R. v. Bingley that a DRE's training and experience do make them experts and thus their opinions generally do not need to be further vetted by a judge before it can be presented as evidence in court.
Over the course of a combined 18 years in these roles, Peter has undertaken analysis of electronic evidence in hundreds of criminal and civil matters, presented expert evidence to state and federal courts, investigated and remediated internal and external data breaches for numerous organisations, managed complex electronic discovery environments, and provided advice to government, public and private organisations in relation to cybersecurity and IT governance related issues.
What we learn from this case is that, while a trial court can use information provided by an expert witness as evidence as to what may be in a child's best interest, it must still independently make the decision regarding what custody arrangements are in the child's best interest after providing both parents an opportunity to present evidence at a trial.
However, by fully developing and presenting trial evidence of the thriving marital relationship prior to the injury (through deposition testimony, before and after witnesses, photographs and videos, and expert testimony, etc.) and then revealing evidence of a substantial change for the worse after the accident, an award of damages for loss of consortium may be substantial.
The judge considered that he was bound by the decision in Dzgoev so that even where evidence was presented which undermined the assurance given by the requesting state (in this case first - hand expert evidence as to the relevant prison conditions), he was bound to take the assurance at face value.
The Court commented that the plaintiff failed to obtain an air quality analysis of the air in her condominium and failed to present expert evidence to prove that the poor air quality was caused by the improper repair and installation of the boiler in her condominium unit.
In a case where the primary evidence against the defendant is the identification of an eyewitness, a defendant should be permitted to present expert testimony on the reliability of eyewitness identification, whether or not there is additional corroborative evidence that could weigh in favor of guilt.
At trial, plaintiff presented evidence, in the form of expert testimony, that there is no known threshold of asbestos exposure at which mesothelioma will not occur, and thus each exposure to asbestos that the decedent experienced from laundering her father's clothes and being in proximity to brake products contributed to her total dose of asbestos and were substantial contributing factors to the causation of her mesothelioma.
In one aspect, however, the case provided an opportunity to test the writer's hypothesis that the Alie court called on parties and counsel to present expert evidence to show when damage actually started to occur, for the purpose of allocating insurer responsibility.
In particular, it is important to note that the courts below were not presented with any expert evidence concerning Japan's failure to enforce foreign or domestic custody and visitation orders, or as to its failure to recognize foreign custody orders or even any right of parental visitation.
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.
After an intensive investigation, we were able to obtain expert evidence which supported negligence on the part of his treating doctors, and were also able to assess the financial consequences of this, in terms of his present and future needs, which included the need for adapted accommodation.
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