Sentences with phrase «judge facts and evidence»

When building a child custody case, the goal is to present to the judge facts and evidence to support the assertion...

Not exact matches

«Keeping in view the facts and evidences in the case, I sentence Shiv Kumar Yadav, to rigorous life imprisonment,» Additional Sessions Judge Kaveri Baweja told the court.

«Although the Government points to the fact that Congress and the Executive identified the seven countries named in the Executive Order as countries of concern in 2015 and 2016, the Government has not offered any evidence or even an explanation of how the national security concerns that justified those designations, which triggered visa requirements, can be extrapolated to justify an urgent need for the Executive Order to be immediately reinstated,» the judges wrote.

Judge not lest ye be judged, we are all so quick to believe anything b4 all the facts in, people please be still and wait to see ALL the evidence.

Gil you have asked some very good questions why does bad things happen in the world i personally do nt know God did nt explain to Job either why he had to suffer.What i do know is that God desires that none of us should perish but that all would have eternal life in him through Jesus Christ.This world will one day pass away and the real world will be reborn so our focus as christians is on whats to come and being a witness in the here and now.Both good and bad happens to either the righteous or the sinner so what are we to make of that.What we do know is that God will set all things right at the appointed time the wicked will be judged and the righteous will be rewarded for there faith isnt that enough reason for us to believe.Free will is only a reality if we can choose between good and bad but our hearts are deceitfully wicked we naturally are inclined toward sin that is another reason whyt we need to be saved from ourselves so what are we to do.For me Christ died and rose again that is a fact witnessed by over 500 people that were alive at the time and was recorded by historians how many other religious leaders do you know that did that or did the miracles that Jesus did.As far as the bible is concerned much of the archelogical evidence has proven to be correct and many of prophetic words spoken many hundreds of years ago have come to pass including both the birth and the death of Jesus.Interested in what philosophy you are believing in if other than a faith in Jesus Christ so how does that philosophy give you the assurance that you are saved.Its really simple with christianity we just have to believe in Jesus Christ.brentnz

It makes no sense to me that there would be a omniscient, all - powerful being watching every move I make and judging all my actions, yet this supposedly loving being will consign me to eternal hell if I don't believe in him, regardless of the fact he's shown me no evidence he exists or cares about me or the millions of people he supposedly put here, many of whom are starving and dying.

The NCAA needed to convince the judge that no genuine and disputed issues of material fact remain, and when viewing the evidence most favorably to the players, that the NCAA would be clearly entitled to prevail as a matter of law.

A list of the questions asked by the jury to the judge includes one example in which they asked if a juror can «come to a verdict based on a reason that was not presented in court and has no facts or evidence to support it».

In CFE v. New York, Judge Leland DeGrasse ruled that an adequate education included the «foundational skills that students need to become productive citizens capable of civic engagement and sustaining competitive employment,» the «intellectual tools to evaluate complex issues, such as campaign finance reform, tax policy, and global warming,» the ability to «determine questions of fact concerning DNA evidence, statistical analyses, and convoluted financial fraud.»

Judge Treu was unambiguous in how he viewed the facts, pointing to unchallenged evidence that thousands of ineffective teachers in California are impacting the quality of education for thousands of students and their lifetime earnings potential as a result.

The judge stated: «They have offered no evidence that consumers who use Apple's iBooks software to download ebooks have come to believe that Apple has also entered the publishing business and is the publisher of all of the downloaded books, despite the fact that each book bears the imprint of its actual publisher.»

I often act as a «teacher» to clearly convey the evidence which falls into my realm of expertise, based in science and fact, to assist the judge and / or jury in understanding the evidence at hand, in essence, act as an advocate for the truth.

Tomkins did point out that some of the women who were Andre loyalists were former girlfriends, but at the same time if you read the article it sounds like «some feminists» thought he was guilty and would harass him if they saw him in public places — that is, the implications is that only feminists thought he was guilty, you know, those harpies, whereas in fact the judge's wording of the verdict (and implications in Katz's text based on interviews) suggested a relation to the judgement available in British jurisprudence but not in the US, that is, what would have been a verdict of «not proven,» meaning he probably did it, but in the end the verdict was «I have concluded that the evidence has not satisfied me beyond a reasonable doubt that the defendant is guilty.»

This is partly evidenced by the fact once the option is selected, a piece of paper is produced that claims that you've appeared, pleaded no - contest and waived your right to a judge or a jury trial, at which point you're found guilty, with a deferred judgment, and with the option of case dismissal should certain conditions be satisfied.

According to the judge «virtually all the evidence» pointed in favour of C's contention of Kington: although the fact that his mother (with whom the deceased had, in the last years of his life, at best a tangential relationship) would face difficulties in travelling the 50 miles from Worcester to Kington was «a weighty factor», it was outweighed by the fact that the deceased had made his home for most of the last eight years of his life in Kington and that was also where his brother, with whom he was close, and his fiancée lived, as well as where his father wished him to be buried.

The majority of the Court of Appeal allowed the appeal and set aside the conviction, finding that the trial judge failed to properly instruct the jury on the limitations of the use of after - the - fact evidence.

The Court of Appeals could, however, ask for the assignment of a retired judge to handle discovery issues, reviewing the evidence, making proposed findings of fact and conclusions of law, and perform «any other necessary related judicial duties».

[12] Accordingly the question was «whether a reasonable person would conclude that the alleged deficiency, taking into account all relevant circumstances, is evidence that the decision - making process was fundamentally unfair, in the sense that the judge did not put her mind to the facts, the arguments and the issues, and decide them impartially and independently.»

Experienced counsel acting as amicus will have the skills to assist the court by ensuring that the evidence is probed and analyzed in a way that will ultimately help the judge make findings of fact on which his or her ruling will be based.»

In fact, courts have held that even if neither side asks for, and each objects to, a lesser - included - offense instruction, a judge must give it «if there is substantial evidence that the defendant is guilty only of the lesser» offense.

Known as «judicial discretion,» judges can decide what's fair in light of the facts and evidence at hand.

While I am a U.S. attorney, the U.K. and U.S. are essentially the same on these issue in practice: «reasonable wear and tear» is a classic issue of fact to be decided by the judge (unlike the U.S. there are never juries in U.K. landlord - tenant disputes) based upon the evidence presented to him and his or her good judgment if the case goes to court.

Where adjournments are required for further expert or medical evidence to arrive or be obtained, then it should be for the judge to determine what is right, just and equitable in relation to the facts and circumstances of the particular case before them.

Despite the fact that there was no evidence that any business was disrupted by the orders, the judge was prepared to apply «common sense» to «fill the gap» and awarded damages to two of the respondents.

It would take a particular and troubling kind of confidence for a judge in an adversarial system of justice, which relies on the evidence and argument of the parties, to think that he knew enough of the law and the facts to decide what law properly applies without either.

Sir Alan said: «I have identified, in respect of the question of legitimate aims, a series of misdirections by the EJ (Employment Judge) by reason of his misunderstanding of and / or misapplication of the facts and the evidence.

As I explained in a previous post, «the decision on Apple's claims was very specific not only to the four patents at issue at that stage of the litigation but also to the course of events in that litigation (as I pointed out in my detailed analysis)», as evidenced by the fact that Apple has meanwhile won two preliminary injunctions against Samsung, while «Judge Posner's position on FRAND is universally - applicable, and it will be extremely influential, throughout and beyond the United States», to Google's (Motorola's) dismay.

After hearing all the witnesses and considering all the evidence, the judge will issue findings of fact and a legal decision about whether a parent can move away with the children.

Despite the Court of Appeal's decision, the Court of Superior Justice has overturned a decision on the basis of the trial Judge's use and reliance on Google Maps — in R v Ghaleenovee, 2015 ONSC 1707, the Court referred to Calvert but concluded that where the facts are disputable, and the evidence produced by Google Maps is not put the accused or witnesses, relying on Google Maps «compromises the appearance of fairness».

Although this appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the facts.

The Hryniak decision backed Ontario's new rules on summary judgment (judgment made on a claim, without full trial, when a judge finds an issue can be decided based on certain facts or clear, incontrovertible evidence), and provided guidance on when it can be used.

Earlier last month, the Connecticut Court of Appeals issued a written opinion in a Connecticut car accident case requiring the court to discuss the distinction between a judge's decision whether to admit certain evidence and the weight that evidence is afforded by the fact - finder once admitted.

With every case, we thoroughly investigate the facts pertaining to the case, including examining the evidence, interviewing witnesses and communicating with important parties, such as the prosecution and local judges, in order to prepare our clients» cases as efficiently as possible.

In these circumstances, it was incumbent on the trial judge to explain that difference to Mr. Watterson [emphasis mine], to explain that the court could not treat the Defence as evidence, and that if he did not call a witness, or testify himself, the court would have no basis upon which to accept, as proven, the facts which the defendants had set out in their Defence.

Anthony's estate (Anthony had since died) appealed arguing that the judge failed to have proper regard to the fact that Colin had the burden of proving validity of the 2005 will and that there was insufficient evidence to discharge the burden.

The fact that they got a search warrant means that they were able to satisfy a judge that there was probable cause to believe a crime was committed and the search would yield relevant evidence.

For example, the following are ignored by lawyers and judges: (1) the «system integrity concept» of the e-records provisions of the Ontario and Canada Evidence Acts; (2) the National Standards of Canada for e-records management, which are based upon the same concept; and, (3) the fact that the work of experts in e-records management systems (ERMS's) is based on that very same concept, which states: proof of e-records «integrity» requires proof of the integrity of the ERMS in which the records are stored: s. 34.1 (5), (5.1) OEA & s. 31.2 (1) CEA.

Given that the plaintiff called evidence from 4 doctors who, at least according to the trial judge said the negligence was the probable cause, and the defendant called 2 who said it was not, the facts of Fisherseem to not invoke the impossibility condition (at least to me).

The fact of this evidence, given that the trial judge accepted it, eliminates the need to resort to the Snell robust and pragmatic, common sense approach.

Perhaps somebody sufficiently familiar with the evidence will be able to say that it was open to the judge to make the findings of fact that he did and that credibility decisions are not involved in that conclusion.

The judge's conclusion was fortified by the fact that for a lost later will to revoke an earlier will there must be «stringent and conclusive» evidence either of an express revocation clause in the lost will or of inconsistency between its provisions and those of the earlier will (para 102).

After focused cross-examination by Joseph Neuberger of the two young ladies at the preliminary hearing and argument in line with the law, the preliminary hearing judge found that there was no evidence to conclude, given the facts are elicited in cross-examination, that J.C.H. was in a position of trust or authority.

On the one hand, it allows judges freedom from many of the oft - restrictive rules of evidence that govern the trial itself, giving them the flexibility to take into account aspects of the individual accused's circumstances and history, often in favor of leniency within the very broad statutory ranges where the facts urge it.

The recitals to the injunction must properly reflect the course of the ex parte application and identify the evidence in fact read by the judge;

With respect to the «adult industry» stream, the Court of Appeal found no palpable and overriding error of fact or an extricable error of law in the Trial Judge's reasons: «In our view, there was evidence in the record to support the trial judge's findings and we see no basis upon which this court should interfere with respect to the adult stream.&rJudge's reasons: «In our view, there was evidence in the record to support the trial judge's findings and we see no basis upon which this court should interfere with respect to the adult stream.&rjudge's findings and we see no basis upon which this court should interfere with respect to the adult stream.»

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).

It was found that the Judge did not hear evidence from the parties regarding the disputed facts and therefore this lead to a sympathetic approach to the mother's position.

Starting on January 1, 2010, motion judges were given tools to assess credibility, weigh evidence and draw inferences of fact.

There was notably no evidence whatsoever found at any court that the arrest had anything to do with the shooting, and the trial judge made a finding of fact that the accused was only a courier for the gun, and was not necessarily involved directly in any violent activity.

It seems likely that judges in all courts (criminal, family and civil) will be increasingly wary in future of allowing expert evidence alone to determine crucial disputes as to fact and causation.