Sentences with phrase «meet its burden of proof in»

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.

Not exact matches

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.

Demanding that someone meet the burden of proof is in no way an argument from ignorance.

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 valuIn 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 valuin 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.

In all of these cases, the CRA has only to declare a «balance of probabilities» burden of proof has been met, leaving the onus on the taxpayer to prove that he or she should not be taxed as a business.

It is as though, in the middle of a trial, the plaintiff realizes that he does not have sufficient evidence to meet his burden of proof.

Trenberth has the burden of proof to show that a change in the default burden of proof should flip — and just stating what the consensus is in AR4 is not proof sufficient to meet Trenberth's burden.

We should demand a considerable burden of proof before accepting such theories, and in general this burden of proof has not been met.

Page 6: Conclusion «If the burden of proof is on the proponent of the activity or processes in question, the Precautionary Principle would seem to impose a burden of proof that can not be met.»

Page 3: «If the burden of proof is on the proponent of the activity or processes in question, the Precautionary Principle would seem to impose a burden of proof that can not be met.»

[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 ColumbiIn 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 Columbiin the Supreme Court of British Columbia.

Of course, if this is the case, Speech Design will have to disclose the information in order to avoid failure to meet the burden of prooOf course, if this is the case, Speech Design will have to disclose the information in order to avoid failure to meet the burden of prooof proof.

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.

Justice Roggensack testified that the system worked correctly in the Justice Gableman case, and that the Judicial Commission did not meet its burden of proof.

When a rear driver is able to meet the requirements of his or her burden of proof, then the case is brought to the jury and the plaintiff does not get an automatic win in the form of a «directed verdict.»

In this case, however, I am satisfied that the plaintiff has met her burden of proof on this issue.

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.

If a jury in a personal injury case believes that there is a 51 to 100 percent chance that the defendant was negligent, the plaintiff has met his or her burden of proof and will prevail.

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

This is because the «burden of proof» in a criminal trial is different than in a civil trial: even if the Crown at a criminal trial could not prove that an assault occurred «beyond a reasonable doubt» (which is an extremely difficult threshold to meet), we may still be able to prove that it occurred on a «balance of probabilities» (which means that there is a greater than 50 % chance that the assault occurred).

Proper testing of surfaces and in depth analysis of multiple building codes are paramount to meeting the burden of proof.

Mother failed to meet this burden of proof on appeal as nothing in the record reflects any impropriety or prejudice on the part of the court.

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.

The Review Division also denied the claims, but a three member panel at the Workers Compensation Appeal Tribunal (WCAT) found that the burden of proof had been met in establishing a causal connection.

The defence counsel is relying on the fact that guards did not follow strip search procedures prior to the inmates meeting with Gravesande and on the judge's error in applying the law of burden of proof laid on the Crown.

In order to meet his burden of proof, the plaintiff must present evidence in the form of testimony to the judge or jurIn order to meet his burden of proof, the plaintiff must present evidence in the form of testimony to the judge or jurin the form of testimony to the judge or jury.

«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.

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.

That the Native Title Act be amended to shift the burden of proof to the respondent once the applicant has met the requirements of the registration test, in line with the discussion of this issue in this submission.

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.

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.

301 («In all civil actions and proceedings... a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of risk of nonpersuasion.»In all civil actions and proceedings... a presumption imposes on the party against whom it is directed the burden of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of risk of nonpersuasion.»in the sense of risk of nonpersuasion.»)

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