Sentences with phrase «legal burdens of»

Basically, this is to protect people who are exercising legal free speech and fair use rights from suffering legal burdens of fighting a case where the plaintiff alleges copyright or defamation charges against defendant when that is of extremely questionable grounds.

That order was contested at a hearing on May 13, 2014 [court transcripts available], and that restraining was dismissed and vacated for lacking evidence and not meeting the legal burden of proof [Hennepin County Case # 27 - CO-13-8209, filed May 16, 2014].

He is the only defendant who the judge found could have possibly violated common law fraud, which carries the extra legal burden of having to intent to deceive.

Counsel need to ensure that the expert witness understands matters such as the difference between the legal burden of proof and scientific certainty, the need to clarify the facts and assumptions underlying the expert's opinion, the need to confine the report to matters within the expert witness's area of expertise and the need to avoid usurping the court's function as the ultimate arbiter of the issues.

[201] Vout affirmed that the legal burden of proving due execution of the will and both testamentary capacity and that the testator knew and approved of the contents of the will is with the party propounding the impugned will.

The person propounding the will has the legal burden of proof with respect to due execution, knowledge and approval and testamentary capacity.

For this reason, it can be difficult to determine whether or not your case actually meets the legal burden of proof.

Typically, the plaintiff's legal team goes first, as the plaintiff carries the legal burden of proof.

NW specifically refers to Muneka, citing it with approval on a separate point, namely that the inference from circumstance creating an evidential burden on a defendant to show the inference is wrong does not reposition the legal burden of proof.

Thus, the legal burden of proving that the social worker owed her, as well as her children, a duty of care rested on Mrs Lawrence.

Not exact matches

In addition, the European Union is in the process of proposing reforms to its existing data protection legal framework, which may result in a greater compliance burden for companies with users in Europe.

While the SAFT has been extensively reviewed by multiple legal teams, we strongly recommend you consult with your own legal, investment, tax, accounting, and other advisors, to determine the potential benefits, burdens, risks, and other consequences of such a transaction.

Even if an individual ad was sold, such a manual screening process is not only prohibitively inefficient but burdens small businesses with legal risks of knowledge and compliance outside of their expertise.

Just today in Philadelphia we had another priest / monsignor indicted for molesting little children and / or covering it up, and we need to share the «sacrifice», I mean we need to share the burden of the legal bills and financial settlements to keep it as quiet as possible.»

SLAPP is basically «a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.»

The man at the centre of the «gay cake» case is bearing a «heavy burden» because of the legal battle, his lawyer said.

Decrease the nature, burden and expense of legal disputes and court interventions caused by persistent parental conflict.

«The bill would amend an existing law to give any individual or legal entity an exemption from any state law that substantially burdens their exercise of religion, including Arizona law requiring public accommodation regardless of a customer's race, color, national origin, sex, religion, and disability.

While stating that the judgment by the tribunal is a great burden and challenge to the judiciary, he maintained that the judgment is a travesty of justice, full of contradictions and legal somersault.

He's so far knocked out 10 legal thriller books, which were translated into more than 20 languages and osmosed into movies such as «Presumed Innocent» and «The Burden of Proof.»

@TalhaIrfan In any civilized legal system, you don't have to prove your innocence, burden of proof is on persecution.

«The choice for Republicans is clear: they can keep Richard Hanna, who votes to raise taxes, to extend U.S. debt to economically dangerous levels by voting with Obama, Reid and Pelosi to raise the debt ceiling while bankrupting our nation, or they can choose a commonsense Republican like me who has a proven record of voting to reduce taxes, voting against the implementation of Obamacare in New York, votes against funding an illegal database (including ammunition database) against legal gun owners, voting against increasing our debt ceiling in New York and supports countless initiatives to reduce the burdens of government red tape on individuals and small businesses, including family farms,» Tenney said.

Genesee County lawmakers are calling on New York State to bear the burden of providing legal defense for those unable to afford it — a service that currently costs the county more than $ 1 million per year.

But the mayor appears to have benefited from a high burden of proof for federal corruption cases — made higher by a recent U.S. Supreme Court decision — and from the legal advice of his campaign attorney, who structured the Senate contributions to conform to the letter, if not the spirit, of state fundraising laws.

Yesterday the Supreme Court struck down a Texas law that would have forced the closure of abortion clinics that didn't meet strict requirements — requirements the justices decided (by a 5 - to - 3 margin) didn't make women any safer and put an undue burden on their constitutional right to seek safe and legal medical care.

«eHarmony looks forward to moving beyond this legal dispute, which has been a burden for the company, and continuing to advance its business model of serving individuals by helping them find successful, long - term relationships.»

In the English legal system, the burden of proof is on the accused, therefore it was up to Lipstadt and her legal team to prove the essential truth that the Holocaust occurred.

But since the burden of proof in English libel law lies with the accused, it bizarrely fell to Lipstadt and her legal team to demonstrate that one of the defining events of the century did indeed transpire.»

The Bush administration has reversed an earlier stance taken by the federal government on a legal appeal dealing with the burden of proof in special education cases, choosing to support the position taken by a Maryland school district in a case pending before the U.S. Supreme Court.

Besides carrying the burden of critical interactions, these young English - language learners are figuring out the difficult process of translation, as well as frequently working with a wide variety of genres including bills, receipts, coupons and legal documents.

Legal fees will be the most common cost burden for those trusts involved in the transfer of a school and their employees.

By extending school districts» obligation to pay for private school placements until all appeals are exhausted, the decision creates an incentive for parents to prolong litigation rather than to work collaboratively with school districts to resolve disputes without delay; the increased liability for private tuition and legal fees from needlessly prolonged litigation imposes an untenable burden on the already - strained budgets of local school districts and diverts resources away from providing educational services to all children.

Of course, the «as far as practicable» language provides policymakers legal wiggle room to place some of the financial burden of college attendance on studentOf course, the «as far as practicable» language provides policymakers legal wiggle room to place some of the financial burden of college attendance on studentof the financial burden of college attendance on studentof college attendance on students.

If it's legal in your state, you'll need to meet more stringent criteria than when you applied for your first loan because a second short term loan is more of a risk and a greater financial burden.

As such, they are not the legal agents of the original owner and should not be liable for the financial burdens the original owner imposed on the community.

«Any delay of the trial in this lawsuit would increase the financial and non-financial burdens and would continue to distract us from running our business and earning a living,» West and Zampella explained, claiming that the legal fees have now exceeded their combined yearly income.

Gagosian Gallery and Chris Burden hit legal obstacle in launch of glittery show * (Culture Monster / Los Angeles Times)

One of the intersting aspects of using the legal model as Gary outlined, is that part of the burden of proof is that scientists work to be considered must be as practiced.

Burden of proof is really more of a legal concept to handle principles like everyone being presumed innocent until proven guilty.

Trump said he will rescind any regulations that unduly burden energy development, including the Clean Power Plan, which, if it survives legal challenges, was to have been the cornerstone of Obama's climate action legacy and the main policy for realizing the nation's Paris goals.

This has created an undue burden to the stated goal of HB2737 to create a legal path for approved sleeping lofts in small homes.

Again, the Court opts for legal certainty in rigorous and explicit terms and emphasises the objective of preventing the foreign EU citizen from becoming an unreasonable burden on the host Member State's social assistance system.

The Washington Supreme Court held that a full award of all costs and fees, including expert expenses, was justified where the surety compelled King County to assume the burden of legal action to obtain the benefit of the performance bond.

Meanwhile, the legal clinic system isn't even funded sufficiently to have one articling position in every clinic and governments have generally failed to shoulder their fair share of the lawyer - training burden.

If you're a small business owner, you're no stranger to the opportunities and potential burdens of legal issues and compliance with government regulations.

In Law Practice Today, he discusses 5 key elements for the future of law practice: a client - centric point of view; a shift in the burden of proof on change; a sense of urgency to find solutions for better service delivery; technologies that make legal services more accessible to clients; and the creative productization of service offerings to drive down costs.

However, when your family loss is caused by someone else's negligence or misconduct, you may be burdened with legal issues on top of your heartbreak.

Enlisting a corporate lawyer from Priori Legal will relieve the burden of organizing and filing these documents properly so you can focus on running your growing business.

By taking tough and forceful legal action, The Kevin P Landry Law Offices help clients deal with the consequences of injuries caused by the negligence of others, by taking the burden off their shoulders, so you they can focus on their recovery.

We understand the physical and emotional burdens that come from a personal injury, so our goal to meet all of your legal needs quickly and efficiently.