Sentences with phrase «if prima facie»

Legal experts say that if a prima facie case is established against any of the commissioners during the preliminary investigation, the Chief Justice, per the rules, will then set up a committee to fully investigate the issues and a report submitted to the president.

Not exact matches

For in spite of its prima facie attraction, and even if there is such a «primal» experience, that experience would not be accessible in any philosophically helpful way, could not be exploited without reliance upon the very analyses and arguments whose lack of immediacy and authority the appeal is seeking to escape, could not (even for oneself) sustain translation into the discursive and dialectical combat zone of philosophy, and could not by itself alone provide a nonarbitrary basis for determining what in it is essential to experience merely as such.

On my intuitions, this conclusion would be convincing if indeed the very concept of a comprehensive telos implies what the critics assume that it implies, namely, that all moral norms other than the supreme teleological imperative are merely prima facie.

If so, that would account for his reluctance to convict, in spite of a prima facie presumption of guilt involved in the claim itself.

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 apparatus of scholarship is there, but the book's each and every claim represents a radical reduction of social reality and experience, particularly Faludi's presumption that any rethinking undertaken by any feminist at any time, if the thinker in question comes out at some place Faludi dislikes, constitutes a prima facie case that the woman in question has become a backlash pawn.

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.

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.

If he thinks there has been a prima facie case of a breach of the ministerial code, it should go straight to the independent adviser.»

It states: «The arbitration shall proceed if and to the extent that the Court is prima facie satisfied that an arbitration agreement under the Rules may exist.»

Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law — meaning, it's enough to establish that you're the owner of the work.

Prima facie evidence of bad faith if ever I've seen it.

If you want to look at real misconduct, how about Wegman et al's dubious scholarship and the clear prima facie evidence of plagiarism and worse in his work?

Prima facie, the temperature data shows that if there is a problem at all it is a very small one and a long way off.

If Wallace is correct (and Sabine's reaction that it was «inappropriate for Wallace to question their «motives or quality of our science,»» — shades of Jones's «Why should I give you my data...» — gives rise at least to a prima facie case that he is), then Wiki is retailing rubbish, and not for the first time where climate is concerned.

No one ever seems to think about the workability of such litigation: does a «7» have a prima facie cause of action if he or she is passed over a promotion for a «9»?

[First category:] Characteristics such as race, caste, noble birth, membership of a political party and gender, are seldom, if ever, acceptable grounds for differences in treatment... But [second category:] the Strasbourg court has given it a wide interpretation [to Art 14], approaching that of the 14th Amendment, and it is therefore necessary, as in the United States, to distinguish between those grounds of discrimination which prima facie appear to off end our notions of the respect due to the individual and those which merely require some rational justification.»

Effectively therefore the employer has two bites of the cherry: firstly in rebutting the prima facie evidence from which discrimination could be concluded in the abence of an adequate explanation; and secondly, if that is shown, by proving that that act was not committed or can adequately be explained.

Secondly, the referring court asked whether Article 3 (2) signified that a State which is prima facie not responsible becomes automatically responsible if transfer back to the responsible State would result in a violation of the fundamental rights enshrined in Articles 3 and 8 ECHR or Articles 4 and 7 EUCFR (namely, the prohibition of inhuman and degrading treatment and the right to private and family life).

If he were to file a human rights complaint, he could clearly establish a «prima facie» or evident case.

Justices Moldaver and Wagner, on the other hand, did find prima facie discrimination based on the reasoning that Stewart's drug dependency was a factor in the termination of his employment, even if it was not the only factor or even a primary factor.

The appellants would be effectively stripped of a remedy if the courts were to impose upon them, at this stage, the burden of showing a prima facie case.

However, if the decision to dismiss is prima facie amenable to judicial review, the conclusion of Court of Appeal that proceedings in the ET would not be as effective for Shoesmith may be harder to challenge.

It is sufficient for the inquiry committee to act, if it takes the view that there is a prima facie case and that the prima facie case, having regard to such material as is put before it by the registrant, requires that the public be protected by an interim order.

[81] The court confirmed that under HPA s. 35, an inquiry committee should be satisfied of a prima facie case, meaning a case for allegations which, if believed, is sufficient to justify a verdict «in the absence of an answer», and that the public requires protection through an interim order.

The Court found that Con Edison had met its prima facie burden of demonstrating that the defective equipment that caused the explosion was not Con Edison's and, accordingly, Con Edison could not be held liable for the explosion if it was not on notice of the leak.

Significantly, subsection 137.1 (7) of the CJA provides that if a judge dismisses an action under s. 137.1, then the moving party is prima facie entitled to costs of both the motion and the proceeding on a full indemnity basis.

If Mr. Latif had been able to establish prima facie discrimination, Bombardier would have been required to provide some legitimate justification for its decision.

Moreover, with regard to the second ground of appeal, the ECJ found that the Council and Commission had again failed to perform an adequate assessment of the evidence in the case: «the institutions can not restrict their assessment to an analysis of the «prima facie» situation if the producer furnishes evidence which is capable of rebutting that analysis» (para. 102).

If lawyer misconduct only surfaces if and when the clients complain to the Law Society, or when there is otherwise prima facie proof of facilitated crime or fraud, then there is a high degree of protection of client misconduct facilitated by lawyers and a much reduced risk of lawyers being called to account for wrongful facilitatioIf lawyer misconduct only surfaces if and when the clients complain to the Law Society, or when there is otherwise prima facie proof of facilitated crime or fraud, then there is a high degree of protection of client misconduct facilitated by lawyers and a much reduced risk of lawyers being called to account for wrongful facilitatioif and when the clients complain to the Law Society, or when there is otherwise prima facie proof of facilitated crime or fraud, then there is a high degree of protection of client misconduct facilitated by lawyers and a much reduced risk of lawyers being called to account for wrongful facilitation.

Prima facie if your video contains a copyrighted song then posting it online is copyright violation.

The fact that, in certain very exceptional circumstances, it is open to an employer to give preference to one gender rather than to another does not demonstrate that it is even prima facie unlawful discrimination if that opportunity is not taken and all candidates are treated equally.

If I were a cynic or conspiracy theorist, I'd say we had a prima facie case of a noncompete agreement between Google, westlaw, and lexisnexis.

In some jurisdictions, e.g., Texas, driving faster than the posted speed limit is only the prima facie evidence of an unreasonable speed, where, if charged with a violation, one could still argue in the court of law, in front of a jury of one's peers, that the speed was nonetheless safe, reasonable and prudent.

If the complainant can establish a prima facie case, the burden then shifts to the respondent, in this case the Trustees, who must establish that either a statutory exemption under human rights legislation applies or that there is a non-discriminatory justification for its policy and evidence that it took reasonable steps to accommodate the complainant up to the point of undue hardship.

In Jones v Saudi Arabia [2006] UKHL 26, [2007] 1 All ER 113 Lord Hoffmann stated that «there is not even a prima facie breach of Article 6 if a State fails to make available a jurisdiction which it does not possess».

If the defendants, who would prima facie be liable for their own negligence, seek to exempt themselves by words of some kind, they must show, first, that those words form part of the contract between the parties and, secondly, that those words are so clear that they must be understood by the parties in the circumstances as absolving the defendants from the results of their own negligence.

He argued the ruling could upend prima facie liability: if Twitter infringed a copyright in a photo, any other website linking to that photo would then be on the hook, writing, «A single infringing upload by a Twitter user potentially virally contaminates everyone else — potentially thousands of people — unwittingly using the embed feature, exposing all of them to financially crippling copyright litigation.»

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 court clarified that committees could not decide disputed issues of fact, and that a «prima facie» case as to what happened meant a case for allegations which, if believed, would be sufficient to justify a verdict, in the absence of an answer from the registrant.

In addition to proving a strong prima facie case, a moving plaintiff must also show why the freeze is necessary — that is, some reason to believe that assets will be dissipated if the order is not granted.

On the first part, demonstrating a strong prima facie case, the trial judge ««can not be expected to resolve all of the conflicts in the evidence, nor is that necessary to determine if there is a prima facie case.

Once the employee has established prima facie discrimination, the employer then has the opportunity to prove that it did not discriminate against the claimant, such as by demonstrating that the employer would experience undue hardship if it were to provide the employee with the accommodation sought.

If a country is required to advance a prima facie case in its extradition requests, an analysis of that case which indicates that it has no proper evidential foundation can be used to support a wider submission on the abusive nature of the foreign proceedings and / or the ulterior motives driving them.

The OLRB found that the complaints failed to establish a prima facie case, holding that even if the Provincial Executive had failed to follow the constitutional provisions and by - laws, the OLRB does not have the jurisdiction to be the «watchdog for internal union affairs.»

While a complainant is not required to retain legal counsel to file a human rights complaint, the reality is that a complainant's chances of successfully demonstrating a prima facie case and defending against an application to dismiss the complaint are improved significantly if one is represented by legal counsel.

This, he contended, included a right to receive information from public authorities — which right would prima facie be breached if section 32 (2) were to be taken to confer an absolute exemption.

In practice the judgment of the Lords reaffirms the status quo as propounded in R v Board of Trustees of the Science Museum [1993] 1 WLR 1171 and R v Associated Octel Co Ltd [1994] 4 All ER 1051, 1063a, where, in the latter case, the allegation was that there had been a contravention of s 3 (1), Lord Justice Stuart - Smith said: «If there is a risk of injury to the health and safety of the persons not employed by the employer, whether to the contractor's men or members of the public, and, a fortiori, if there is actual injury as a result of the conduct of that operation there is prima facie liability, subject to the defence of reasonable practicability.&raquIf there is a risk of injury to the health and safety of the persons not employed by the employer, whether to the contractor's men or members of the public, and, a fortiori, if there is actual injury as a result of the conduct of that operation there is prima facie liability, subject to the defence of reasonable practicability.&raquif there is actual injury as a result of the conduct of that operation there is prima facie liability, subject to the defence of reasonable practicability.»

Risk of dissipation is easy to establish in such cases: if there is a prima facie case of fraud, eg misappropriation of the claimant's money, then the court will readily accept that the defendant is also likely to try to take steps to move his assets out of the reach of the claimant before the latter can obtain and enforce a judgment.

The onus attaches to culpability, and if both acts bear that taint, the onus or prima facie transmission of responsibility attaches to both, and the question of the sole responsibility of one is a matter between them.