Sentences with phrase «judgment accepts the evidence»

The judgment accepts the evidence of experts and others who testified about the ways in which solitary confinement triggers and exacerbates mental health conditions, and increases risks of self - harm and suicide.

Not exact matches

But in the early stages, when a new contender first challenges an accepted paradigm, the criteria do not yield an unambiguous verdict; the experimental evidence and the relative weights assigned to diverse criteria are debatable and subject to individual judgment.

I'm often amused that people who claim to be «skeptics,» making judgments solely on evidence, accept without question wild assertions such as the idea that any attempt to limit carbon emissions will «destroy the entire socioeconomic structure of the world and starve developing nations of much needed energy.»

However, the General Court accepted Gifi's argument that the Board failed to examine all the evidence it had produced, and the Board's judgment did not mention several of the designs cited: «In the present case, it is clear that, in the light of the Board of Appeal's assertion that it was required to re-examine the application for a declaration of invalidity in its entirety, followed by a one - by - one examination of the contested design in relation only to Designs D 1 to D 17, it is impossible to infer from the wording of the contested decision, or the context in which it appears, what is the implied reasoning justifying the failure to take into account Designs D 18 to D 22.»

Finally, the court accepted evidence that, though an engineer ought to have been aware of the extent of the water infiltration, it was conceivable that, in exercising his or her own judgment (described as poor judgment), an engineer could still determine that the infiltration was not a safety hazard.

Since in references for a preliminary ruling the determinations of national courts will generally be accepted by the CJEU, and a request to intervene in a preliminary ruling procedure to submit observations on third country law is not possible, there is a risk that a judgment in such a case could be based on an insufficient evaluation of third country law, such as when the evidence concerning such law is uncontested and is presented only by a single party.

The court determined on the evidence that the heirs had formally accepted the estate in May 2009, and only then acquired an interest in the judgment originally obtained by the deceased.

In judgment, the Court dismissed the similar act application finding in fact that the two cases were not connected in time nor circumstances, and accepted the evidence of G.C..

While Stanley Burnton J did — but «not without considerable hesitation» — accept as lawful the additional reasons, in the course of his judgment he extracted the following useful propositions from R v Westminster City Council, ex p Ermakov [1996] 2 All ER 302 and other authorities: - Where there is a statutory duty to give reasons as part of the notification of the decision, so that (per Mr Justice Laws in R v Northamptonshire County Council, ex p D [1998] ED CR 14) «the adequacy of the reasons is itself made a condition of the legality of the decision», only in exceptional circumstances, if at all, will the court accept subsequent evidence of the reasons.