Sentences with phrase «met by a preponderance of the evidence»

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

Not exact matches

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.

While a criminal prosecutor must prove guilt beyond a reasonable doubt, the victim in a civil proceeding can prevail by proving a preponderance of the evidence that a sexual assault occurred — a much easier standard to meet.

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.

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.

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.

(f) Visitation or co-parenting obligations shall be terminated if a pattern of failing to meet such obligations is proven by a preponderance of the evidence, unless the absent parent can offer good cause to believe that such omissions were the result of circumstances beyond the parent's control.