Sentences with word «factfinder»

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Unless the judge as factfinder or jury clearly shows that they are ready for the criminal defendant lawyer to let the obstructionist witness have it — which usually will not happen with any witness other than an opposing expert puffing out his or her obstructionist and obfuscating chest at all times — the judge and jury may well punish the overbearing cross examining criminal lawyer, in one way or another.
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Instead, the Court stated that district court judges were reliable factfinders for scientific or technical disputes, noting that, «A district court judge who has presided over, and listened to, the entirety of a proceeding has a comparatively greater opportunity to gain... familiarity [with technical issues] than an appeals court judge who must read a written transcript or perhaps just those portions to which the parties have referred.»
The Court upheld this procedure against claims that it violates Article III or the Seventh Amendment jury right., holding that Congress had properly delegated inter partes review to the PTO, and that «the Seventh Amendment poses no independent bar to the adjudication of that action by a nonjury factfinder
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Issues include deference to hearing officer as factfinder and deference to opinions of professional public school educators.
Blocher observes that football mirrors the legal world in that standards of review «insulate factfinders» decisions from being overturned on appeal, even when reviewing judges disagree with them.»
Or isn't it something to be left to the factfinder?
Where the factfinder is a jury, its decision is subject to judicial review to this extent:
In product liability cases, Oregon guides and limits the factfinder's discretion on the availability and amount of punitive damages.
Am I missing something, or aren't the usual arguments for having a strict standard of review — primarily, the relative competence of the factfinder — absent in the context of instant replay?
«In determining intent, «the factfinder may consider the conduct of the person involved and all the circumstances revealed by the evidence.»»
The factfinder's role is not to fill in such blanks, but for the prosecutor to prove value beyond a reasonable doubt for a felony theft prosecution.
He serves as a factfinder / arbitrator for the Connecticut Superior Court and as a Special Master in the United States District Court.
In other words, find a way to accept that either your factfinders walked in with a certain bias or that your opponent will help them form a bias during opening statements — and then run with it.
Among the topics addressed are early case assessment, client counseling, settlement negotiations, drafting persuasive pleadings and motions, managing discovery, persuading the factfinder, managing litigation projects, budgeting, and developing effective value - added litigation strategies.
On this basis, the constitutional question before us simply becomes, as the Court says, whether «obscenity,» as an abstraction, is protected by the First and Fourteenth Amendments, and the question whether a particular book may be suppressed becomes a mere matter of classification, of «fact,» to be entrusted to a factfinder and insulated from independent constitutional judgment.
Merely alleging these facts exist is insufficient to convince a factfinder.
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