Sentences with phrase «facts by a preponderance of the evidence»

With that baseline set, you could then give the judge leeway to find facts by a preponderance of the evidence (including facts that underlay charges on which the defendant was acquitted) and rely on those facts to vary upwards under 3553 (a).

Not exact matches

Take the money away from the public schools where children will be taught real science and that a «theory» is very close to a proven fact because it is supported by the preponderance of the evidence.

This past month, a bizarre, three - year - long lawsuit accusing the artist Peter Doig of falsely claiming he never made a 40 - year old landscape painting signed «Pete Doige,» finally came to a close when the judge sided with the painter due to the sheer preponderance of evidence that he had nothing to do with the middling artwork (which was in fact made by a prison inmate).

One such case is Don Easterbrook, whose testimony in front of a Washington State Committee in March 2013 so distorted the scientific facts that most of the members of his department (WWU geology) wrote a public letter, saying» [his views] are neither scientifically valid nor supported by the overwhelming preponderance of evidence on the topic».

The burden is on Mr. Caswell to prove by a preponderance of the evidence that the allegedly libelous statement is, in fact, false.

But based on the facts that the sentencing judge found, by a preponderance of the evidence, which Sedore did not admit and the jury did not find beyond a reasonable doubt, the Guidelines advised a range of 84 to 105 months.

Notes: Expert testified as to alienation by ♀, but court found expert evidence flawed, and that sexual abuse of children by ♂ had in fact been shown by preponderance: remitted to Family Court for dispositional hearing.