Sentences with phrase «judgment of admissibility»

Proficient in exercising judgment of admissibility based on detailed analysis and evaluation of applications.

Not exact matches

In its Daubert judgment, the US Supreme Court explicitly rejected the consensus or «general acceptance» test for the admissibility of scientific opinions to replace it with requirements regarding sound scientific methodology, validity, and relevance.

The second judgment of the ECJ in Inuit Tapiriit Kanatami thus raises several questions: to what extent is the economy of the procedure indeed a valid justification for skipping a (n explicit) review of the fulfilment of the admissibility requirements?

The Court of Appeal will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong, or discretion to exclude under s 101 (3) has been exercised unreasonably in the Wednesbury sense.

It remains to be seen if the judgment in the case C - 261 / 13 P Schönberger v Parliament somehow changes the approach of the Petitions Committee and of the Parliament in general when dealing with petitions and their admissibility.

The court considered numerous foreign precedents, including two Supreme Court of Canada judgments, R. v. Béland [1987] 2 S.C.R. 398 [admissibility of polygraph evidence] and Horvath v.

(iv) In reaching these conclusions, the court was applying the principle established by Hanson that it will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong or discretion has been exercised unreasonably in the Wednesbury sense.

The line of authorities on the Police and Criminal Evidence Act 1984 (PACE 1984), s 74 (admissibility of guilty plea of co-accused) as distilled in the judgment of Lord Justice Staughton in R v Kempster, [1989] 1 WLR 1125, [1990] 90 Cr App R 14 (indicating that s 74 should be applied sparingly, because the evidence that a now absent co-accused has pleaded guilty may carry enormous weight in the minds of the jury, but it is nevertheless evidence which can not properly be tested in the trial of the remaining defendant) remains relevant despite the passing of the Criminal Justice Act 2003 (CJA 2003).

It contains an up - to - the - minute, detailed consideration of the governing legal principles of: Mareva injunctions; fraudulent preferences; the admissibility of subjective intent and drafts in interpreting releases; and the test for summary judgment.

This past summer, the Superior Court rendered judgment in a criminal law matter and specifically considered the admissibility of Wikipedia evidence.

«We remain convinced that the common law approach to evidence is basically sound, and that it would be unwise to reform the law in radically new directions, alien to the tradition of the common law, for example by leaving the admissibility of evidence solely to the judgment of individuals presiding in particular cases.»

Last week, the Supreme Court released its eagerly - awaited judgment in R v Marakah, 2017 SCC 59, holding that a person had standing to challenge the admissibility of text messages to which he was a party but which the police had seized from another's cell phone.