Sentences with phrase «facts alleged»

Sentencing range enhancements based on facts alleged in charges of which a defendant has been acquitted («acquitted conduct») have long been among the most controversial features of the Federal Sentencing Guidelines, in part because acquitted conduct enhancements effectively nullify the jury's determination in a criminal case.
«In short, the plaintiffs have failed — both as a matter of statutory interpretation and as a matter of facts alleged — to state a claim that the [FHFA] acted outside its authority as a conservator and thereby lost the protection of section 4617 (f),» according to the appellate panel.
Whether it be a First Amendment case or a mesothelioma injury, a plaintiff must plead facts alleging injury and causation in order for a court to hear the case.
All divorce petitions were still heard in open court, with the petitioner expected to give oral evidence to prove the adultery, cruelty or other facts alleged.
The compulsion under s 172 of the Road Traffic Act 1988 — the duty on the registered keeper of a vehicle to give information about the driver of the vehicle — flows from the fact that all who own or drive motor cars know that by doing so they subject themselves to a regulatory regime; the section does not sanction prolonged questioning about facts alleged to give rise to criminal offences.
Facts alleged in respondent's motion do not preclude the existence of other records showing that the amount in dispute exceeded $ 2 million.
Thus it will fit the facts alleged in favor of Materialism equally well, besides enabling us to understand facts which Materialism rejected as «supernatural.»
«In view of the facts alleged in this report, which include bribery allegations, Fifa secretary general Jerome Valcke, in compliance with article 16 of the Fifa code of ethics, yesterday requested the Fifa ethics committee to open ethics proceedings.»
The facts alleged in this complaint regarding Mr. Hoyt were not provided to state investigators and in many cases contradict the public allegations made in the last several weeks.
The governor's counsel said the facts alleged in the new lawsuit were not brought to the attention of state investigators by Cater and that some of them contradict claims she made in recent media accounts, including The Buffalo News.
Again, assuming the facts alleged in the Department of Justice's pleadings are true, the defendants said as much in their talks leading up to the push for agency pricing.
For reference, the CFPB does not verify all the facts alleged in the complaint data.
If you are representing the plaintiff, review the complaint and walk through the facts alleged.
If you represent the defendant, reflect on the facts alleged in the answer.
If the facts alleged against the driver and the tour bus company are proven to be true, this was not merely an accident but rather a crash that resulted from reckless conduct on the part of multiple people.
Tadros entered into a Peace Bond with the court promising to abide by certain conditions while stating through counsel clearly on the record that he «does not acknowledge the facts alleged in the information».
In essence this means that plaintiff's evidence must convince a fact - finder mind more than 50 % that the facts alleged by the plaintiff are true.
The employer can do so by showing that the undertaking's actual recruitment practice does not correspond to those statements; it is then for the national court to verify that the facts alleged are established and to assess the sufficiency of the evidence submitted in support of the employer's contentions that it has not breached the principle of equal treatment.
Defence lawyer Joseph Neuberger obtained recorded, in - person, conversations between the client and his wife, that were then transcribed and detailed in chart format contradicting the facts alleged by the complainant.
In the 15 years between the facts alleged as the basis of the claim and the bringing of the claim, the defendant solicitor died and his accounting and trust records had been destroyed.
SB 306 Details information State Commission on Judicial Conduct must release every year must include the number of complaints received by the commission, the number of complaints dismissed without commission action and the reasons (facts alleged did not constitute judicial misconduct, facts alleged did not constitute judicial misconduct or disability, allegation determined unfounded or frivolous).
It applied a high threshold for striking the claim, holding that it had to be shown, assuming the facts alleged by the First Nations to be true, that it was plain and obvious that the claim disclosed no reasonable cause of action.
It is my experience as a lawyer representing car accident victims that ICBC and other insurance companies regularly deny all the facts alleged by an injury claimant in a lawsuit with little or no explanation.
If the facts alleged so far are proved correct, this is a very troubling accident where nine children were placed at serious risk of death just because a driver chose to get behind the wheel after drinking.
In essence this means that plaintiff's evidence must convince a fact - finder's mind more than 50 % that the facts alleged by the plaintiff are true.
This test is subject to an «arguable case» standard: in light of the facts alleged in the claim and the relevant law, does the plaintiff have an arguable case.
The latter allowed the appeal and set aside the direction on the basis that the Employer had not been made aware of the alleged workplace violence and that it could not have been the legislator's intent to require that an investigator be appointed for every complaint qualified by a complainant as «workplace violence», regardless of the facts alleged.
There is a four - part test judges consider when deciding whether to authorize a class proceeding: (i) the claims of the members raise identical, similar or related questions of law or fact; (ii) the facts alleged seem to justify the conclusions sought; (iii) the composition of the class makes joinder difficult or impracticable; and (iv) the proposed representative is in a position to represent the members of the class adequately.
The facts alleged and the principal defendants were essentially the same.
For this reason, the facts alleged by the complainant did not amount to discrimination per se.
Additionally, you should consider other defenses that may present a challenge to the facts alleged by the police officer.
Even with a waiver, you (the plaintiff) must still prove the facts alleged in the Bill of Complaint.
That is, can you say that on a balance of probabilities, the fact alleged occured?
Without ruling on the facts alleged by the Commissioner and TREB (since the Tribunal's decision was based on a matter of law and did not deal with the facts), the FCA sent the case back to the Tribunal for reconsideration.
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