Sentences with phrase «meet her burden under»

Not exact matches

Consequently as regards the fundamental contention we are examining, it is not appropriate, in view of the historical associations that burden the word «material» to subsume under the term «matter» the subjectivity which is also met with within the primordial unity we have described, because to do so would at least obscure the equally fundamental difference encountered in that unity between the knowing subject and the object which is merely met with.

Lasher is running against Marisol Alcantara, a former union organizer for the New York State Nurses Association, and Robert Jackson, a former councilman who is also a plaintiff in a landmark case by the Campaign for Fiscal Equity, which argued that New York was under funding schools and not meeting its constitutional burden to provide children with a «sound basic education.»

Accordingly, the judge noted that the department of education and the Loudoun school system failed to «meet the burden of proof to establish an exemption» under Virginia's Freedom of Information Act [FOIA]» preventing the release of teachers» identifiable information (i.e., beyond teachers» SGP data).

Under that Rule, the proponent has the burden of establishing that the pertinent admissibility requirements are met by a preponderance of the evidence.»

The Supreme Court also asked the parties to consider whether Bucklew met his burden to prove what procedures would be used for his alternative execution method, the severity of the likely pain under the alternative, and how it would compare to the state's method of execution.

Trimble said he had «great sympathy» for Nordlander's situation but she has failed to meet «the legal and evidentiary burden to be met in order to convince the court to exercise its discretion under [Family Law] Rule 4 (1)(c).»

Perhaps most importantly in this regard, we conclude that plaintiffs have more than met their burden of establishing a genuine issue of material fact as to Paladin's intent, even assuming that the First Amendment erects a heightened standard from that required under Maryland state law.

Levenson ruled that the BSO and prosecutors failed to meet the burden of establishing that the recordings were part of an active investigation that would merit an exemption under the state's public records law.

May receive credit for that training completed outside of the state if it is demonstrated by the applicant that the training completed outside the state is equivalent to and in all respects meets the requirements for training under Subsections 58-60-305 (1)(e) and (f), and Subsection R156 - 60b - 302b (1); The applicant shall have the burden of demonstrating by evidence satisfactory to the Division and Board that the training completed outside the state is equivalent to and in all respects meets the requirements under this subsection.»

Meeting the requirements for connection materials imposed by the states and territories places under - resourced Native Title Representative Bodies (NTRBs) under a heavy burden.

This evidentiary burden is particularly heavy in native title cases where meeting the requirements under the Native Title Act to establish native title requires evidence going back to sovereignty.

2d 651) holding that no cause of action exists under the Property Condition Disclosure Act; court finds buyer entitled to $ 500.00 credit under RPL § 465 (1) where seller delivered an incomplete Property Condition Disclosure Statement; seller failed to perform the duty to deliver a Disclosure Statement pursuant to the PCDA when the statement was incomplete; cause of action exists under RPL § 462 (2) for willful failure to perform the requirements of the PCDA where (i) a deliberate misstatement or misstatements in a fully completed and timely delivered PCDS regarding the defective condition complained of (ii) that would tend to assure a reasonably prudent buyer that no such condition existed, and (iii) which a professional inspector might not discover upon an inspection of the premises that would meet generally accepted standards in the trade; definition of «willful failure to perform» acknowledges legislative intent not to alter the respective burdens of the buyer and seller in the transactions; statutory cause of action replaces buyer's burden of having to plead and prove the seller's active physical concealment of the condition with proof that the misstatement about the condition on the PCDS was deliberate