Sentences with phrase «good prima facie»

The request to lift the stay was refused by Mr Justice Field in the Commercial Court, but leave to appeal was granted, however, the judge agreed that NNPC had a good prima facie case of fraud entitling it to resist enforcement.

Makes a pretty good prima facie case right there that the man is not being honest.

Not exact matches

But besides the sheer prima facie preposterousness of the charge that John Paul II has been taken in by secularist and materialist arguments, my main worry in Prof. Johnson's criticism of the Pope's letter on evolution is the way he continues to suffer under, well, the fallacy of the false dilemma.

Doctors as well as patients may misuse this autonomy, but this prima facie balance is preferable to the one - sided emphasis on patient autonomy found in the recent ACOG Committee Opinion.

13) The above claims have public relevance because they concern the public good; they are no more or less discriminatory than other bona fide claims about the public good, and their contraries or alternatives have no greater prima facie claim to public consideration.

If we wish to know whether Whitehead's cosmology transforms all prima facie evils into apparent evils, we should ask, «From the divine perspective, is there that without which both the world and God could be better?»

The proper definition of apparent evil, however, is prima facie evil which when judged from an ultimate frame of reference is that in the place of which no other realistically possible occurrence could be better.2 «Apparent» evil is not only a means to perfection, but also a morally necessary and justified means.

«Apparent» evil refers to prima facie evils which are ultimately judged to embody the best of all realistically possible alternatives; «genuine» evil refers to occurrences which embody those alternatives which are less than the best of all realistically possible occurrences.

If the term «apparent evil» applied simply to that prima facie evil which, from an ultimate perspective, contributes to a better future, then the term would be so broad as to include every historical evil.

Since the initial aim is at the best possible fulfillment beyond man's powers to understand, and since man's exercise of freedom seems only to lead to a deviation away from this ideal possibility, there is some prima facie support for this view.

We can understand that God could allow prima facie evils insofar as things that seem evil from a limited perspective may serve instrumentally to make the world better than it would have been without them.

For if we knew that God did so, then we would know that every prima facie evil was simply allowed by God to produce some more - than - compensatory good.

In terms of who prima facie has the best odds of finishing in the top four, right now you'd say that Man United and Liverpool are looking pretty...

Prima facie your funds look good.

To outside observers, the dossier itself constituted prima facie evidence that Mann might well have forwarded the email (as he said he would do) and therefore required the Penn State Inquiry to recommend an investigation of this question — a point on which they were criticized at the time.

In York University v. Bell Canada Enterprises, the court held that «the plaintiff had established a prima facie case of defamation and the claim appeared to be reasonable and made in good faith».

Prior to York University v. Bell Canada Enterprises, it was arguably well - established that the first element in the test for Norwich order is that the applicant must demonstrate a «bona fide» claim, as opposed to a prima facie case.

in particular, a claimant who has bettered his Part 36 offer has a prima facie entitlement to indemnity costs;

«Because of the difficulties inherent in determining the extent to which the information contained in lawyers» bills of account is neutral information, and the importance of the constitutional values that disclosing it would endanger [i.e. such as the right not to self - incriminate], recognizing a presumption that such information falls prima facie within the privileged category will better ensure that the objectives of the solicitor - client privilege are achieved and helps keep impairments of solicitor - client privilege to a minimum,» the Supreme Court found in Maranda.

As well, a line of authorities suggests that there is a higher standard of proof in establishing a prima facie case of discrimination in human rights tribunal hearings: SMS Equipment Inc v Communications, Energy and Paperworkers Union, Local 707, 2015 ABQB 162 at para. 54.

Because the Court had found that the confirmatory exams were prima facie discriminatory, it turned to the SCC's well - established Meiorin test (which effectively looks at why a purpose or standard was implanted and whether reasonable accommodation of an individual was possible in the circumstances) to see if the breach was reasonable and justifiable in the circumstances.

«The phrase question of law which the Legislature has employed in this enactment is prima facie a technical phrase well understood by lawyers.

Custodial parent seeking permission to relocate bears the initial burden of demonstrating, by a preponderance of the evidence, that the relocation is for a legitimate purpose and the proposed location is reasonable in light of that purpose; once the custodial parent has made such a prima facie showing, the burden shifts to the noncustodial parent to prove, by a preponderance of the evidence, that the relocation would not be in the best interests of the child.

Moreover, the SCC endorsed the perspective that ``... while there is a prima facie presumption of inadmissibility, exceptions will be found when the justice of the case requires it».7 The SCC stated that «countervailing interests» have been found to include allegations of misrepresentation, preventing a plaintiff from being overcompensated, as well as fraud or undue influence.8

Once that is done a prima facie case is established, the onus then passes to the defence to make good the defence of reasonably practicability.

A study of eviction court conducted in 2002 by the Lawyers» Committee for Better Housing, Inc. (LCBH) and Chicago - Kent College of Law concluded that tenants were at a disadvantage, as evidenced by the court's failure to require the landlord to establish their prima facie case for eviction.

The prosecutor may not rebut a prima facie showing by stating that he challenged the jurors on the assumption that they would be partial to the defendant because of their shared race or by affirming his good faith in individual selections.

The starting point when considering a derivative action is the first limb of the well cited rule in Foss v Harbottle (1843) 67 ER 189, namely that the proper plaintiff in an action in respect of a wrong alleged to be done to the company is prima facie the company itself.

Splitting rural health off may be a good thing for the Nationals, I suppose, but makes little prima facie sense, at least to me, so I hope that works out.