The motion judge did not state how the clear differences in the evidence of Dr. Simon and of Mr. Mahmood ought to be resolved, the resolution of which would necessarily have depended largely on
findings of credibility.
While the Committee is not an adjudicative body, and does not make
findings of credibility, it was entitled to take a «critical look at the facts underlying the complaint and the evidence that does and does not support it», as well as other factors.
The reasons read as a whole, indicate that
findings of credibility were essential to all of these determinations.
The lack of cross examination of the evidence puts judges presiding over these matters in a challenging situation, but they may refer to
findings of credibility made by the other judge.
130 When making
findings of credibility it is obviously preferable for a judge to avoid making any comment that might suggest that the determination of credibility is based on generalizations rather than on the specific demonstrations of truthfulness or untrustworthiness that have come from the particular witness during the trial.
The Court of Appeal dismisses the appeal; finding the Trial Judge below did not speculate as to the cause of the fall, the Trial Judge did not misinterpret Sinow, and that
both his findings of credibility and fact were well supported by the evidence.
In doing so, the Court of Appeal re-stated the heavy burden on a party seeking to overturn
findings of credibility, referring to the Supreme Court judgments in McGraddie v McGraddie [2013] UKSC 58 and Henderson v Foxworth Investments Ltd [2014] UKSC 41 and concluded that on none of the bases put forward did the Appellant come close to discharging that burden.
Specific topics covered include the role of the prosecutor, defendant and justice of the peace; the presumption of innocence; proof beyond a reasonable doubt and
findings of credibility; elements of an offence; guilty pleas to an offence charged or another offence; mens rea, strict liability and absolute liability offences; defences to regulatory charges, including due diligence, reasonable mistake of fact and officially induced error; trial procedure; presentation of evidence; rules of evidence; the voir dire; dealing with the unrepresented defendant; Charter applications; access to justice issues; paralegals and lawyers in the courtroom; requests for a bilingual trial; articulating reasons for judgment; delivery of a judgment; sentencing; and trials of young persons.
I had no need to introduce him before he presented on the law of hearsay evidence and on the expression of
findings of credibility, because he greeted everyone at the meeting room door, introducing himself to those he hadn't met at the barbeque the night before in his customary humble and engaging manner.
[47] I am mindful of the deference this court must accord a judge's
findings of credibility.
14 The Crown submits that there was no error, since it was open to the trial judge to make
those findings of credibility on the evidence presented before him.
Dewshi, principal of Dewshi Law Practice, tells AdvocateDaily.com that in carrying out the Notice of Proposal and revoking Kamali - Mafroujaki's licence, the reasoning focused on his past conduct, which included: the conduct leading up to his conviction of sexual assault; his denial of responsibility for any of the conduct; and the adverse
finding of credibility by the trial judge in the sexual assault case.
I consider that in the area of the three symptoms, and [the claimant's] lack of independent recollection of the accident, the judge's comments fatally undermine
his finding of credibility of [the Claimant] and bear upon the reliability of the expert reports.
But what happens when a trial judge, during the course of a criminal trial, uses an image from Google Street View that he himself has downloaded to make an adverse
finding of credibility against an accused person?»
He didn't put the image to Ghaleenovee but relied on it, in part, to make an adverse
finding of credibility against him.
In the present case, they determined the trial judge based
his finding of credibility upon the following conclusions (see para. 13):
Not exact matches
They suddenly
find themselves owners
of vehicle at risk
of losing them both resale value and green
credibility.
Since
founding Salesforce in 1999, Marc Benioff has earned
credibility as a serious philanthropist and, more recently, as a champion
of gender equality and diversity.
«Simply put, we were asked to assess the
credibility of Ms. Constand's account
of what happened to her, and each one
of us
found her account credible and compelling.»
For example, spending weeks coaxing journalists to line up exclusive coverage
of your launch, only to
find out that you're going to be delayed another month, puts your
credibility in jeopardy.
Very often we
find we have a great idea but our client lacks the
credibility to really make it work from a link building point
of view.
This says a lot about the
credibility of the current exercise in
finding the announced efficiency savings.
You can purchase a franchise, such as Unishippers or BlueGrace Logistics, which will give you access to hundreds
of logistics carriers and pricing tools as well as give your business
credibility even before you
find your first client.
That major media repeated the report's
finding without noting its lack
of credibility is symptomatic
of a Nation held hostage by power and money.
which ever one, yours or the previous models had wanted to impress the world a description and location
of where they could be
found would have gone a long way to fill the god
credibility gap that is getting larger by the day.
Harm can be done to the
credibility of the Church's desire to embrace the
findings of modern science if comment is ill - informed or simplistic.
1) The people, including Father Greeley, who incessantly lament the gap between teaching and the reception
of teaching are typically the same people who have for years worked to undermine the
credibility of the Church's teaching office; 2) Their measure
of whether the Church is listening is whether teaching is brought into line with their preferences; 3) The curia in Rome coordinates and corrects as necessary, but the teachers
of the Church are the bishops, priests and catechists who too often
find it easier to blame Rome than to do their job; 4) Catholic Americans are about 6 percent
of the universal Church, and Greeley's think - for - themselves educated Catholics who are unhappy with church teaching, usually on matters sexual, are a much smaller part
of that 6 percent.
Already by the end
of the nineteenth century, theology was losing
credibility as an academic discipline, often
finding no place in the new secular universities in the twentieth century.
There was some agitation in the WCC to
find a new site for the assembly, but general secretary Konrad Raiser says that a change «would mean almost total loss
of credibility» for the WCC among African churches (over seventy member churches are in Africa).
In any event, I
find that I have begun the decade
of the «80s still firmly committed to the same essential project with which I entered the «60s: to work toward a genuinely postliberal theology that, being sensitive at once to the human concern for freedom and to the claims
of Christian faith, will be as concerned for the
credibility of the church's witness when judged in terms
of changing human experience as for the appropriateness
of its witness when judged by reference to its abiding apostolic norm.
While ancient standards
of credibility were largely personal, the rest
of Luke's writings does not suggest that he would have
found this story difficult to believe.
Funded by Organic Valley, one
of the largest cooperatives
of organic dairy products, the study still has
credibility, according to the Times, «experts not connected with the study said the
findings were credible — though they noted that the role
of milk in a healthy diet and the influence
of fatty acids in preventing or causing cardiovascular disease are far from settled.»
Praised by some for his bold optimism, the director was attacked byothers who
found his objective unrealistic and — in the likely event that thegoal is not met — certain to undermine the
credibility of the NCI, thegovernment's main spigot for the approximately $ 5 billion a year that flowsinto cancer research and training.
«This prosecution, based on information provided by someone
of utterly unreliable
credibility, seeks to criminalize conduct that the Supreme Court
of the United States recently
found to be not unlawful.
«This prosecution, based on information provided by someone
of utterly unreliable
credibility, seeks to criminalize conduct that the Supreme Court
of the United States recently
found to be not unlawful,» the statement reads.
Schneiderman said during a press conference that Monserrate's lack
of credibility when it came to his account
of the domestic dispute — which he said was an accident — contributed to the committee's
findings.
Percoco's attorney issued a statement on his behalf, saying, «This prosecution, based on information provided by someone
of utterly unreliable
credibility, seeks to criminalize conduct that the Supreme Court
of the United States recently
found to be not unlawful.
While Nixon is smartly trying to make in - roads with blacks and Latinos by campaigning around the city — including The Bronx today — she's going to need to
find a key issue that questions the
credibility of Cuomo's commitment to the city's working class.
Welfare reform has been on
of the areas that the Lib Dems have
found particularly hard in in Government, trying to walk the tightrope between economic
credibility in reducing spending and social justice.
The CPS» own research into why cases where the victim has a learning disability so rarely get to court
found the main reason to be that the CPS questioned the reliability and
credibility of the victim, because
of their learning disability.
«This prosecution, based on information provided by someone
of utterly unreliable
credibility, seeks to criminalize conduct that the Supreme Court
of the United States recently
found to be not unlawful,» Percoco's attorney Barry Bohrer said in a statement, referring to the high court's recent decision in a case involving former Virginia Gov. Bob McDonnell.
«And Bart Schwartz being chosen to head the internal investigation is a good sign for the
credibility and independence
of whatever
findings he makes.
Given the circumstantial evidence known to the public, the
finding of «no collusion» lacks
credibility.
It certainly lacks any
credibility in terms
of the positioning
of the
findings.»
I also hope that both sides from the federal government, Democrats and Republicans commit themselves to reviewing this past election and make sure that no foreign entity tampered with the electorate because that is frightening for everyone and there has been accusations
of it in the reporting, I don't know the
credibility of any
of the accusations but we want to sure that nobody tampered with our elections and we should be sure
of that and we should use this time to
find that out.
That we have absolute confidence and trust in the
credibility of our MP, the honourable Mahama Ayariga That as a lawyer
of repute it will be far fetched for the honourable MP to make such allegation in vacuum That after following the issues as being dicussed we fully associate ourselve with the letter written by the hon. Mahama Ayariga, hon. Alhassan Suhuyini and Hon. Samuel Okudzeto Ablakwa for an investigation by the right honourable speaker
of parliament and to add that any such investigation must either be public or it's
findings be made public
In an accompanying article published yesterday in Nature Energy, Alice Grønhøj, who researches consumption and the environment at Aarhus University in Denmark, praised the study for its «methodologically robust design» that «attests to the
credibility of the central
findings.»
Creating Their Own
Credibility 6 August 2010 A non-profit
founded and run by a group
of independent researchers has permitted decades
of scientific work.
The
findings, Haggerty says, boosted the theory
of carbonados» extraterrestrial origin from 4 to 9 out
of 10 on the
credibility scale.
«What we
found is that if there is useful information contained in the advertisement and there is a recognized brand logo, then the
credibility of the company is not damaged,» said study co-author Sun Joo «Grace» Ahn, assistant professor
of advertising in UGA's Grady College
of Journalism and Mass Communication.