Sentences with phrase «n't meet the burden of proof»

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

They can't meet the 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.

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

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 policies, the court found, did not provide a clear definition of «owned,» and the defendants did not meet the burden of proof as to Manner's ownership of the Yamaha.

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.

The county district attorney reportedly looked at the case and determined that Muskogee County couldn't «meet the burden of proof.»

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.

That burden of proof has not been met.

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.

Last note, setting the burden of proof so high you know someone can not meet it is just a really clear manifestation of bad faith.

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.»

Two things make me assert that the burden of proof has not been met: first, the scientific behavior of the climate science community has been execrable.

[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 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.

On appeal, the Court of Appeals had to determine whether or not Husband met the burden of proof validating the trial court's modification.

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.

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.»

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.

Notwithstanding the severity of the loss at the heart of this case, a severe injury does not absolve a plaintiff of meeting 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).

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.

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 the mother meets the burden of proof required by law, the opposing parent must show that the move does not reflect the child's best interests.

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.»)

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