Sentences with phrase «fact in issue»

This will give you the chance to see how a barrister addresses legal facts in issue, and how they present their arguments in court.
Oyedepo, who pleaded with the court that the document was extremely relevant to the fact in issue.
[14] Lawyers» affidavits can be quite helpful in cases where the lawyers, or their staff, have particular knowledge relevant to the facts in issue before the court.
Before this court, the local authority's understanding of their own case and the principles to be applied where significant harm has been suffered by a child and where the mechanism for that and / or its alleged perpetration is one of the facts in issue in the proceedings, can only be described as worrying.»
It is seldom possible to prove a case or establish a defence solely by direct evidence as to the facts in issue and, therefore, the law admits evidence of facts, which, although not themselves in issue, are relevant in the sense that they prove or render probable the past, present or future existence (or non-existence) of any fact in issue.
«The state of mind of a party may be proved as a fact in issue or as tending to prove or disprove a fact in issue.
Rather, such proceedings are subject to the civil standard, described as follows: «Has the proponent of a fact in issue established that its existence is more likely than not?»
the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
As long as «Fact B» is itself a material fact in issue or is relevant to a material fact in issue in the litigation then «Fact A» is relevant and prima facie admissible.
This entails a preliminary assessment of whether the reasoning or methodology properly can be applied to the facts in issue
Sopinka J. held that, in such circumstances, the trier of fact may take into account the relative ability of each party to present evidence on a fact in issue:
The Court stated that the trial judge should determine whether the reasoning and methodology is «scientifically valid» and whether «that reasoning properly can be applied to the facts in issue
That guidance was expressed in general terms, which were binding to the extent that they applied to the facts in issue.
Jury questions should respond to the facts in issue and be logically sequential.
Like Frye and Daubert, the Federal Rule of Evidence 702 allows the admission of expert scientific opinion only if «scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue.....»
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