Sentences with phrase «meet its burden by»

Not exact matches

At the moment, the burden of paying it back is not felt much in Canada because fiscal needs can be met by borrowing more.

In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.

Various other tests must be met, as travelers by air since September 11 know all too well, and the burden lies upon those would - be travelers to do what is necessary to pass them.

There is a presumption against it by the state of Illinois, and the burden of proof lies upon citizens to show that the conditions have been met, which is to say that the presumption can be rebutted.

In the prayer meetings I attend we quite often have the same burden put on us by God in what or who to pray for.

They know that they can trade off the «clean, green» reputation of New Zealand food products without having to meet the technical burdens that are imposed on Australian companies by the CoOL Information Standard applicable to products that are manufactured in Australia.

While Willingham used a staff meeting last spring to screen the Notre Dame documentary Wake Up the Echoes and recommended that his assistant coaches rent Rudy and Knute Rockne — All American to become better acquainted with Fighting Irish tradition, the assistants insist they won't be burdened by history.

An added benefit for parents is that you can see, by meeting and talking to other parents, that the difficulty of this new role is a shared burden by many.

However, the organization says it is concerned «that there be a timely and orderly transition to products which meet the new standard so as to ensure enough product in the marketplace by the compliance date, without the burden of re-testing already safe product.»

'' [T] he burden in this proceeding is not on Teachout to establish residency, but rather upon the petitioners to establish by clear and convincing evidence that she does not meet the residency requirements,» said the court.

«By ensuring that tax rates are tailored to expect more from those who can most afford it, we can make sure our communities have better schools, New Yorkers have better access to healthcare and that tax burdens do not crush those who are struggling to make ends meet,» said Assembly Speaker Carl Heastie (D - Bronx).

These are instructive examples of the care Labour would take, and the difference Labour could make, to ensure the heaviest burden of fiscal consolidation is borne by those with the broadest shoulders, not those already struggling to make ends meet.

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.»

o Would reduce meeting burdens and eliminate some overlapping / unnecessary hearings and tours, to allow Members better focus on more important oversight (as consistently requested by good government advocates).

Maybe «extortion» is what is used against «stonewalling»... but that's just more name calling... the problems are all going to be fixed, Ulster County is now legally committed to removing the safety net burden from Kinston and the assembly can meet and fix the problem by November: surely Ulster County can manage that.

These ads lead patients to push prescriptions on their doctors by saying that they will find another physician if their request is not met, and together with the extraordinary pricing in the drug industry, they are huge burdens on the American public.

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.

Many consider dating a single parent a burden and by any means try avoiding it, not understanding they lose the chances of meeting their true love.

Speaking of unfair, for some «Lady Bird» is burdened by expectations it can't possible meet.

(1997) E652: Current Research in Post-School Transition Planning (2003) E586: Curriculum Access and Universal Design for Learning (1999) E626: Developing Social Competence for All Students (2002) E650: Diagnosing Communication Disorders in Culturally and Linguistically Diverse Students (2003) E608: Five Homework Strategies for Teaching Students with Disabilities (2001) E654: Five Strategies to Limit the Burdens of Paperwork (2003) E571: Functional Behavior Assessment and Behavior Intervention Plans (1998) E628: Helping Students with Disabilities Participate in Standards - Based Mathematics Curriculum (2002) E625: Helping Students with Disabilities Succeed in State and District Writing Assessments (2002) E597: Improving Post-School Outcomes for Students with Emotional and Behavioral Disorders (2000) E564: Including Students with Disabilities in Large - Scale Testing: Emerging Practices (1998) E568: Integrating Assistive Technology Into the Standard Curriculum (1998) E577: Learning Strategies (1999) E587: Paraeducators: Factors That Influence Their Performance, Development, and Supervision (1999) E735: Planning Accessible Conferences and Meetings (1994) E593: Planning Student - Directed Transitions to Adult Life (2000) E580: Positive Behavior Support and Functional Assessment (1999) E633: Promoting the Self - Determination of Students with Severe Disabilities (2002) E609: Public Charter Schools and Students with Disabilities (2001) E616: Research on Full - Service Schools and Students with Disabilities (2001) E563: School - Wide Behavioral Management Systems (1998) E632: Self - Determination and the Education of Students with Disabilities (2002) E585: Special Education in Alternative Education Programs (1999) E599: Strategic Processing of Text: Improving Reading Comprehension for Students with Learning Disabilities (2000) E638: Strategy Instruction (2002) E579: Student Groupings for Reading Instruction (1999) E621: Students with Disabilities in Correctional Facilities (2001) E627: Substance Abuse Prevention and Intervention for Students with Disabilities: A Call to Educators (2002) E642: Supporting Paraeducators: A Summary of Current Practices (2003) E647: Teaching Decision Making to Students with Learning Disabilities by Promoting Self - Determination (2003) E590: Teaching Expressive Writing To Students with Learning Disabilities (1999) E605: The Individualized Family Service Plan (IFSP)(2000) E592: The Link Between Functional Behavioral Assessments (FBAs) and Behavioral Intervention Plans (BIPs)(2000) E641: Universally Designed Instruction (2003) E639: Using Scaffolded Instruction to Optimize Learning (2002) E572: Violence and Aggression in Children and Youth (1998) E635: What Does a Principal Need to Know About Inclusion?

Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)-RRB- requires the DOT to ensure that electronic and information technology (EIT) purchased, developed, maintained or used by DOT meets the provisions of Section 508 unless an undue burden would be imposed on the agency.

And they, too, could end up a taxpayer burden if they can not meet their obligations and are taken over by the federal Pension Benefit Guarantee Corp..

In any case, the point is that the EU, by unilaterally committing to carry its proper share of the global burden of meeting the 2ºC target, would not only reaffirm its commitment to that target, but also prefigure the principle - based differentiation system that is necessary to support and sustain an emergency emissions reduction program in a profoundly unequal world.

As the owners of older coal plants consider whether to retire them or upgrade them to meet new and emerging environmental standards, the threat of greenhouse gas regulation will be an overlay of uncertainty and possible large expense, on top of the burdens imposed by other new and proposed environmental regulations and the competition from natural gas.

As women and men are affected differently by the impacts of climate change, with women likely to bear the greater burden in situations of poverty, climate actions have to be gender sensitive... MR: Those people in the most vulnerable situations typically live beyond the reach of conventional markets, and so require their needs to be met through other channels that can provide sustained social gains in the long term.

How much of a problem is delayed participation by developing countries in terms of raising the overall burden of global mitigation costs, and what does this imply for appropriate near - term emissions pricing goals for the United States, if eventual targets for global stabilization are still to be met?

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

Now, scientists meeting at World Water Week in Sweden are reinforcing and broadening that point, saying that without serious reforms to the way many Asian countries manage water chronic food shortages may result — even without the impact of climate change on water supplies: Food & Feed Demand to Double by 2050 In Revitalizing Asia's Irrigation, the International Water Management Institute and the UN Food and Agricultural Organization say that food and animal feed demand in Asia is expected to double by 2050 and that relying on trade to supply this will «impose a huge and politically untenable burden on the economies of many developing countries.»

[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.

The Panel determined that Canada had failed to meet its burden of proof with respect to its legitimate expectations as medical evidence regarding the carcinogenic properties of asbestos was extensive by that time of the Uruguay negotiations and Canada should have foreseen future acts to ban asbestos products.

The judge ruled specifically that the defendant was not on actual notice of the accident until over eight months after the accident and that the plaintiff failed to meet the necessary burden of showing how the district would not be «substantially prejudiced» by allowing the plaintiff's case to proceed against the defendants.

The appellate court found that the declarations were detailed, augmented by also including verified time statements — no problem in substantiation, with the defense not having to introduce salary surveys to meet a fee petition burden of proof.

The responding party — here the slip and fall victim — then gets a chance to argue that their case should proceed because they have met their burden and that there are disputed facts that must be decided by the trier of fact; meaning, the jury.

[45] In explaining how I reach this conclusion, I first outline the approach to the review of prosecutorial discretion, including the threshold evidentiary burden that must be met by an accused person alleging an abuse of process based on the improper exercise of prosecutorial discretion.

The ILS Team can relieve the burdens on plaintiffs» counsel and their in - house support staff by providing our own human capital specifically tailored to meet the needs of the client and the case.

If the burden of proof established in paragraph IV is met, the burden shifts to the non-custodial parent to prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.

Trainees — who socialise between the offices in firm - organised meet - ups — describe each other as «lovely», while they reckon partners are about as nice as they come for people burdened by the demands of running a # 200 million business.

You have the right to present a defense and are presumed by the law to be innocent unless and until the state meets their burden of proof.

To meet the burden of proof in a personal injury case, a plaintiff must prove his or her claim by a preponderance of the evidence, which means that the plaintiff must present evidence that when weighed by the judge or the jury, is more convincing than the defendant's.

61 Accordingly, that concept must be interpreted as covering all assistance introduced by the public authorities, whether at national, regional or local level, that can be claimed by an individual who does not have resources sufficient to meet his own basic needs and the needs of his family and who, by reason of that fact, may become a burden on the public finances of the host Member State during his period of residence which could have consequences for the overall level of assistance which may be granted by that State (see, to that effect, Bidar, paragraph 56; Eind, paragraph 29; and Förster, paragraph 48; see also, by analogy, Case C ‑ 578 / 08 Chakroun [2010] ECR I ‑ 1839, paragraph 46, and Kamberaj, paragraph 91).

To reduce the burden on covered entities, we do not require a covered entity to second - guess representations by law enforcement officials that the three part test has been met.

Departure must meet a high burden of proof and is automatically appealable by either prosecution or defence.

«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».

By failing to meet the novelty and nonobvious requirements for patentability, improvidently granted patents improperly remove products and methods from the public domain.14 Issuing patents that are not novel or obvious also puts other excessive burdens on society including important economic impacts such as inefficient resource allocation and significant harm to economic growth.15

In each of the above cases, when meeting the deadline was a priority and reducing the scope wasn't an option, the client was able to successfully complete the project by making use of temp resource — with the added benefit of not being burdened with extensive notice periods.

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.»

This system has not met the needs of either governments or Indigenous communities for a number of reasons, including the fact that it constrains service providers by overly restricting the use of funding and imposing onerous reporting and administrative burdens on them.

If the burden of proof established in paragraph IV is met, the burden shifts to the non-custodial parent to prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.

The tailored programme included: a supplemental ASD parent advocate introductory meeting; additional time to cover the unique play behaviours of children with ASD; extensive use of visual resources and simple language; additional time to discuss videos; additional time for emotion coaching; additional time for calming down and self - regulation skills; additional time to discuss stress and burden experienced by families of children with ASD; and emphasis on the importance of social support outside the group.

However, the Commission prefers the model recommended by the Social Justice Commissioner in the Native Title Report 2009 whereby the burden of proof shifts to the respondent once native title claimants have met the registration test.