Sentences with phrase «meet his burden of proof for»

Not exact matches

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].

The burden of proof for going to war has not been met.

And that there are such conditions is just what it means, logically speaking, for there to be a presumption against the action in question» and, further, for the burden of proof to rest upon those who would show that the conditions have been met.

In a statement, Bharara's office said there was «insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution.»

In his decision Commissioner King says Anderson didn't «meet her burden of proof» in arguing that the Board of Education sold the building for less than market value.

At a recent policy meeting of an education reform organization to which I belong, it was suggested to me, as an extrinsic reformer, that the burden of proof for our reform proposals is on us to show that they would not work to the detriment of the stakeholders in the status quo.

Again, I have told you that I couldn't meet the burden of proof, did you read you just scan for key words?

[44] In summary, the plaintiff has met the burden of proof required, albeit not by a large margin, but I am satisfied on balance that considering the potential damages that could be awarded for the plaintiff's claim and the complications raised by the minimal damage and worker - worker defence, the plaintiff had sufficient reason to bring the action in the Supreme Court of British Columbia.

[3] For the reasons elaborated upon below, I found that the Defendant / Applicant did not meet the burden of proof on the Charter application.

Famous people have to meet that burden of proof because there are accusations made against them that are not true all the time and not always for actual crimes (Ted Cruz was accused of being the Zodiac Killer during the election (mostly as humor).

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

There is no specific formula for determining whether the plaintiff in a personal injury lawsuit has met his or her burden of proof.

The jury in the trial court that heard this case found that the plaintiff did not meet her burden of proof and granted a verdict for the defendant.

«Burden of proof» is expressed by identifying a party who, to be successful in the proceeding, has the onus of establishing that the evidence for or against a proposition meeting the applicable «standard of proof».

For the defendant to be declared liable in a wrongful death claim, the claim brought must meet the same burden of proof that the victim would have had to meet if the victim was alive.

One option for further consideration is to amend the Native Title Act to shift the burden of proof once native title claimants meet the registration test.

To meet the burden of proof, the mother must explain a legitimate reason for the move and show that the move will be made in good faith.

3.2 That the Native Title Act be amended to provide for a shift in the burden of proof to the respondent once the applicant has met the relevant threshold requirements.

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