Sentences with phrase «not documentary evidence»

How about the «database as real evidence» argument (so not documentary evidence, so not hearsay — so don't even need the business records exception... it's all just mechanically recorded, like the counter in a turnstile as evidence of the number of people who entered an auditorium)?

Not exact matches

[5] Virtually all scholars involved with historical Jesus research believe his existence can be established using documentary and other evidence, although most hold that much of the material about him in the New Testament should not be taken at face value

This documentary evidence is valuable because it is not only a story of heroism, but because it gives us an idea of how the Christian community then understood «Martyrdom».

He affirms that whilst the universe is «as one would expect» an «intelligent creator to make it» we don't have the evidence for an incontrovertible proof - as per the title of the latest book of another prominent contributor to the documentary: There Almost Certainly Is A God.

The determination of Home Office caseworkers to «find the lie» within the applicant's account of past torture means that that individual testimony is virtually worthless unless corroborated by a level of documentary evidence that is not available to all applicants.

It was also gathered that the Committee decided not to extend the invitation to the hotel management as the Ambassador who broke the information through a letter to the Speaker, Yakubu Dogara was expected to have all the documentary evidence against the three accused members.

«Secondly, that if there is documentary evidence linking Adam, you can be sure that there are texts and phone messages connecting Jeremy because he is not a hands - off minister.»

Is there any evidence including but not limited to testimony, documentary evidence or physical evidence that would prove that the constitution, laws and rules of a state apply to someone in particular simply because that person is physically in that state?

Would there be any evidence including but not limited to testimony, documentary evidence or physical evidence that would prove that the law saying that it is illegal to wear a bow tie on Sundays apply to this particular John Smith simply because he is physically in Charlotte, North Carolina, USA?

But Omenwa said there was no documentary evidence to support the claim by the defence counsel, adding that the EFCC was independent and that the case was not politically - motivated.

If you haven't seen the documentary, substantial evidence based cases are provided to show a high correlation between animal - meat and various ailments (i.e. cancer, coronary heart disease etc.).

This was a minor disruption compared to the previous year, when the festival was nearly cancelled due to a political conflict between the city and the festival organisers, relating to the screening of an anti-government documentary in 2014.1 Much has changed in the past year, most notably the impeachment of right - wing President Park Geun - hye, whose government the documentary had targeted, and the election of the left - liberal party headed by Moon Jae - in.2 While the contentious political atmosphere has not entirely dissipated, as evidenced by the student protest groups still demanding an apology from the local city government, this year's festival was an attempt to return to normalcy, despite the untimely death of one of the festival's driving forces, deputy director Kim Ji - seok, a much beloved figure within the community.3 Although the festival had a strong selection of international entries, including some of the best this year has to offer, such as Ruben Östlund's Palme d'Or winner The Square and Sean Baker's The Florida Project, I have decided to focus my report on the Korean films.

With respect to the documentation listed in clause (c) of this subparagraph, if the documentary evidence presented originates from a foreign country, the board of education or its designee may request verification of such documentary evidence from the appropriate foreign government or agency, consistent with the requirements of the Federal Family Educational Rights and Privacy Act (20 USC section 1232g), provided that the student must be enrolled in accordance with paragraph (2) of this subdivision and such enrollment can not be delayed beyond the period specified in paragraph (2) of this subdivision while the board of education or its designee attempts to obtain such verification.

«The judge felt that at this very early stage she could not accept the documentary proof we put forward destroying any evidence of fraud and we look forward to the day when those documents can be considered by the court.»

Documentary evidence include: Kings writing to the Egytian court requesting relief supplies of grain, and the E.Court replying, they can not because their crops have failed, that the Nile has failed, and stores of grain inadequate for themselves.

So Corcoran claimed that he was still not sure who organized the letter even though he had been given the documentary evidence, and even though this was at least the third open letter that Harris had brought him.

Sedona Canada does not analyze: (1) the meaning and consequences of the «system integrity concept» in the e-records provisions of the Evidence Acts — proof of «records integrity» requires proof of «records system integrity»; (2) the National Standard of Canada for e-records management, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005 («72.34»); and, (3) the need of the parties to exchange verifications of compliance, provided by records management experts, of their electronic records management systems (ERMS's) with the national standard.

Section 2 (2) requires an officer who intends to carry out a search under any statutory authority, save for certain specified exceptions, to provide documentary evidence that he is a police officer where he is not in uniform.

[iii] A more exclusive provision would state: «In the absence of evidence to the contrary, a record stored in an electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrityevidence to the contrary, a record stored in an electronic records system that is not proved to be in compliance with the National Standard of Canada, Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, shall be deemed to lack integrityEvidence CAN / CGSB -72.34-2005, shall be deemed to lack integrity.»

The Ontario Court of Justice recently had occasion to consider the different grounds on which documentary evidence might be admitted or not admitted into evidence in a criminal case, in HMQ v Mondor.

A German court reached this decision where the provisions of the 1996 English Arbitration Act agreed to by the parties granted discretion to the tribunal to schedule an oral hearing.908 A United States court held that a tribunal's decision of an issue of contract interpretation based solely on documentary evidence was not fundamentally unfair where the parties had not agreed on the applicable procedure.

Courts have similarly held that a tribunal's adjudication of a case based on documentary evidence without an oral hearing does not justify a refusal under article V (1)(d).

Sometimes, documentary evidence is acceptable because the actual object was destroyed or simply can not be brought into a courtroom.

Once it becomes clear that a claim is likely to be made, care must be taken not to damage or dispose of any documentary evidence, which includes not only paper files but emails, photographs, computer disks, tape recordings and any other means of recording or storing information.

The working group did not address its mind to the distinction between «real evidence» produced by computers and documentary evidence produced from computers.

The working group considered information in electronic form to be essentially documentary evidence — a point on which the authors of the article do not disagree.

Which means, a slip and fall victim has to gather witness testimony, video evidence, documentary evidence, and the like, — evidence that can be admitted under Florida's rules of civil procedure — in order to have a valid injury claim under Florida law (even though Florida Statute 768.0755 does not affect any common - law duty of care owed by a person or entity in possession or control of a business premises).

Justice Myers made an important comment to the estate litigation bar: don't forget proportionality and whether you have provided the minimal threshold of evidence to prove to the Court that your request for documentary disclosure is reasonable:

In commercial disputes, most of the evidence will be documentary, but it's easy to lose sight of what's relevant and what's not.

Luckily, the difference between real evidence and documentary evidence is not a concern in most cases.

In best evidence rule arguments, sometimes documentary evidence is not enough; real evidence is necessary.

Limit on cross-examinations 7 (1) Subject to subsection (2), cross-examinations on any documentary evidence filed by the parties shall not exceed a total of seven hours for all plaintiffs in the proceeding and seven hours for all defendants (2) A judge may extend the time permitted for cross-examination on documentary evidence if it is necessary to do so in the interest of justice Costs on dismissal 8 (1) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances.

The 2012 guidelines allow for taxpayers to meet the domicile test using a combination of testimonial and documentary evidence, and acknowledge the difficulty of providing «clear and convincing» evidence that they do not live in the State.

The guidelines allow for assumptions to be made on the basis of documentary evidence such as phone bills, demonstrating out of state activity, to conclude the taxpayor was not in New York.

An applicant who is in receipt of a means - tested social security benefit and whose disposable capital does not exceed # 3,000 is passported to full remission; but only if satisfactory documentary evidence is provided.

Ultimately, the Tribunal ruled that the Applicant's health practitioners had not presented sufficient documentary evidence, supporting reasons and analysis to establish that the Applicant had sustained cervical radiculopathy, noting that the chiropractor's conclusion was based on the Applicant's complaints of pain and without specific testing or assessments to support his diagnosis.

The General Court considered that the fame of Mr. Messi did not need to be further demonstrated by the applicant with documentary evidence — which had not been done in a timely fashion during the administrative phase of proceedings before the EUIPO — as — according to the General Court — Messi's name is so well known, that there is no need for further proof.

It is not uncommon for victims to genuinely and confidently identify their attackers only to be proven wrong by DNA evidence years later, as was the case in the Netflix documentary Making a Murderer.

This requires establishing how the property owner is (not always straightforward), presenting relevant documentary evidence of your injuries and losses, and handling the testimony of witnesses.

In this case, there had been extensive discoveries and documentary evidence, and no suggestion that defence witnesses were unavailable and could not refresh their memories with the available documents.

[74]... Where a plaintiff gives credible evidence at trial, and is not significantly contradicted by entries in medical records or otherwise, the absence of a full documentary history of medical attendances it not that important.

Cross-examination on affidavit is best reserved for cases in which the affiant attests to information which is not supported by any documentary evidence.

But even in the Collaborative Divorce process, people tend to «vent» to friends and family about perceived and real transgressions of the other spouse in and out of the collaborative meetings even if they do not disseminate documentary evidence exchanged.

Assuming the documentary productions could be used to impeach the plaintiff / complainant in the course of her testimony at the criminal trial (impeachment is a recognized exception to the deemed undertaking rule, in that Rule 30.1 does not prohibit discovery evidence being used for this purpose), the civil defence lawyer emailed the plaintiff's productions to his criminal counterpart.

Torture survivors, and those making the perilous journeys highlighted in the media, usually do not arrive in the UK with a pristine set of documentary evidence supporting their claim.

The rationale is that a party responding to a motion for summary judgment is entitled to put forward all possible relevant evidence to support their position and that, in some cases, all of the relevant evidence is not available to the responding party until after documentary and oral discovery.

The Policy provides that where confidentiality or personal safety is a concern and documentary proof of paternity is not available, the Registrar may consider conducting a hearing and considering other evidence.

That report is not conclusive evidence of what happened, but it is a very important part of the documentary evidence relating to the accident.

While the HPRB can accept new documentary evidence that was not before an Inquiry Committee, the HPRB may also refuse to accept new evidence where it relates to a time period before or after the period originally identified by the complaint, concerns parties other than the registrant - respondents, concerns care facilities other than the facility where events complained of occurred, or is inflammatory in nature.

1) If a parent seeks a protection order in the absence of the other parent or on an ex-parte basis, judges should ask whether there is any documentary evidence to support such an extreme measure which means children can't see their parents.