Sentences with phrase «of admissibility of»

In Daubert the Supreme Court sought to clarify the criteria for the determination of admissibility of expert testimony.

The court held that the Frye rule, including general acceptance as the primary determinant of admissibility of evidence based on scientific techniques, had been superceded by the revised Federal Rules of Evidence.

There was no basis for subjecting the issue of admissibility of this video evidence to a special test.

In particular it was found that Mr. Groia used the issue of admissibility of documents to launch an attack against the prosecutors.

The question of the admissibility of such recordings is likely to be more [Read More]

Also, a narrow view of admissibility of extrinsic evidence has been taken, where evidence of surrounding circumstances is only admissible to resolve patent ambiguity, [17] latent ambiguity, [18] and inherent ambiguity in the meaning of the words of a contract.

Paonessa and Paquette, [1982] O.J. No. 3209 (C.A.): 1 JESSUP J.A.: — This appeal raises the question of the admissibility of evidence given by an accused at a show cause bail hearing...... 20 In my view, the same principle should govern here.

I would suggest that consideration of the rule is an essential requirement in every determination of the admissibility of evidence, whether at the preliminary hearing or trial stage.

There is nothing in these Rules touching directly on the question of the admissibility of hearsay evidence in expert reports.

· The correct judicial response to the question of the admissibility of hearsay evidence in an expert opinion is not to withdraw the evidence from the trier of fact unless, of course, there are some other factors at play such that it will be prejudicial to one party, but rather to address the weight of the opinion and the reliability of the hearsay in an appropriate self - instruction or instruction to a jury.

RT @crimlacy: #ONCA extensive consideration of admissibility of received text messages as hearsay, adoptive admissions or found in possessi...

It is clear from the travaux préparatoires relating to that provision that while the alteration of the fourth paragraph of Article 230 EC was intended to extend the conditions of admissibility of actions for annulment in respect of natural and legal persons, the conditions of admissibility laid down in the fourth paragraph of Article 230 EC relating to legislative acts were not however to be altered.

denied, 117 S. Ct. 770 (1997), the first major appellate decision in the country on the issue of admissibility of evidence of repressed and recovered memories.

Criminal Law: «Mr. Big» There is a publication ban in this case, in the context of admissibility of evidence flowing from an RCMP «Mr. Big» sting.

A great book about this case and the general topic of admissibility of scientific opinion is «Judging Science: Scientific Knowledge and the Federal Courts» by Kenneth R. Foster (Author), Peter W. Huber (Author)

We released the preliminary results of the market research on the target group through the Public Health Foundation of India on the issue of admissibility of plain packaging and the relation to packaging, brands and packaging color to run.

Not exact matches

At the very least, controversial emails or other communications from high - profile or powerful people that are disclosed publicly — no matter how they are obtained — are considered in the court of public opinion where no rules of admissibility apply.

And yet emails received in the rule - free court of public opinion may not be admissible in a court of law, where strict rules of admissibility apply.

If Durst goes to trial on murder charges in Los Angeles, evidence from the HBO series is likely to come up, though the New York Times notes that Durst's lawyers will likely challenge the admissibility of any recordings from The Jinx.

By law, the judge assigned to the case, Ruben Castillo, must review and rule on the admissibility of every document requested by Zambada.

All resolutions must conform to the Shareholder Proposal Rule of the Securities and Exchange Act of 1934, which sets procedural as well as substantive standards for admissibility.

Since these CaaS vendors understand the risk level involved with their profession, they carefully limit access to their services to a select few boards — only the most exclusive, such as communities that are closed off to newcomers and have extremely strict rules on the admissibility of new members.

B is an attempt to decide upon the details of a type of theory whose admissibility as a type has not been shown, owing to the role of the fallacy mentioned (which is implicit both in traditional proofs for God's existence and in atheistic criticisms of these proofs).

Since, as we have already observed, these conditions are also the basis for mathematical necessity, the test for scientific admissibility is the possibility of mathematical formulation.

In addition to possible criminal penalties, unlawful voting makes an alien inadmissible to the US and deportable from the US, which can of course prevent naturalization (8 USC 1182 (a)(10)(D) on admissibility, 8 USC 1227 (a)(6) on deportability, 8 USC 1429 on prerequisites to naturalization).

5.2 In north of Cyprus island, the ONLY country whose laws are valid is NORTHERN CYPRUS: European Court of Human Rights (ECtHR), Article 35/1 Admissibility criteria: «The Court may ONLY deal with the matter after ALL DOMESTIC REMEDIES have been exhausted, according to the generally recognised rules of international law.»

Under the system, the European Commission on Human Rights, set up in 1954, would examine complaints brought by individuals, organisations or other states and rule on their admissibility, before passing them to the Committee of Ministers of the Council of Europe.

amending the Convention to include the principles of subsidiarity and the margin of appreciation; amending the Convention to tighten the admissibility criteria - so that trivial cases can be thrown out and the focus of the Court can be serious abuses; reducing the time limit for claims from six months to four improving the selection process for judges; setting out a roadmap for further reform.

Consequently, Justice Aikawa had adjourned to today for ruling on the admissibility or otherwise of the document.

At the last adjourned sitting on March 14, 2017, the prosecution counsel, Rotimi Oyedepo, had sought to tender the list of the beneficiaries of the alleged $ 115,010,000 along with the attached Certificate of Identification issued, but Olatunji Ayanlaja, SAN, counsel to the second defendant, Sulaiman, objected to its admissibility.

The accused had through their counsel, Titus O. Ashaolu, SAN, challenged the admissibility of their statements tendered by the EFCC on the ground that, the statements were not voluntarily obtained.

Pursuant to paragraph 94 of resolution 5/1, the Chairperson of the Working Group on Communications, together with the Secretariat, undertake an initial screening of communications based on the admissibility criteria set in paragraphs 85 to 88 of resolution 5/1.

Pwul said, «I have no objection to the admissibility of the statement as exhibit, as my client confirmed it to be his own statement.»

A Federal High Court sitting in Lagos has picked March 23 to rule on the admissibility of a list of beneficiaries of some funds allegedly linked to former Petroleum Minister, Mrs Diezani Allison - Madueke.

Counsel to Dariye, G. S. Pwul, SAN, raised an objection to the admissibility of the photocopies of the bank drafts raised from the cheques, but his objection was overruled by Justice Banjoko, and the documents were accepted as exhibits.

However, Y. C. Maikyau, SAN, counsel to Abubakar Aliyu, questioned the admissibility of the documents by the court.

After listening to all the arguments, Justice Chukwu, thereafter adjourned till May 6, 2016 for ruling on the admissibility of the documents and continuation of trial.

«The meeting is largely future - oriented, and focused not so much on law enforcement use, but on admissibility in court,» Steven Hyman, co-chair of the committee and director of the Stanley Center for Psychiatric Research at the Broad Institute, wrote in an e-mail to Scientific American.

A review of those cases has concluded that «Most trial judges have heeded the Supreme Court's admonition to act as gatekeepers, and their review of admissibility is generally more detailed and in depth than in pre-Daubert cases» (Bert Black.

Eventually, the Supreme Court was called upon to determine the proper standard for the admissibility of expert scientific testimony in federal trials.

For instance, there might need to be clear admissibility criteria for postdocs that might possibly include standards for English language ability, a change in the locus for making the offer of acceptance, and a shift of the overall responsibility for postdocs from an individual professor to an academic unit.

Einstein was dismayed, writing to the physicist Hendrik Lorentz in August 1913 that «there are still such major snags in the thing that my confidence in the admissibility of the theory is still shaky.»

Please note: your scores are not the sole determinant of your admissibility.

As the education philosopher Francis Schrag notes, when evaluating (as opposed to doing) empirical research, «normative considerations appear to be decisive in determining the admissibility of facts and in providing a lens through which these facts are filtered.»

In its Daubert judgment, the US Supreme Court explicitly rejected the consensus or «general acceptance» test for the admissibility of scientific opinions to replace it with requirements regarding sound scientific methodology, validity, and relevance.

Just to reinforce the point, the Daubert decision was about admissibility of scientific opinion, a lower standard than correctness.

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

Consequently, the admissibility of all expert testimony is governed by the principles of Rule 104 (a).

They surely reflect on the character of their authors and must count against the admissibility of any sworn evidence that they might submit to a court of law.

See further: (1) «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management,» Slaw blog, Nov. 22, 2013; (2) «Electronic Discovery — Sedona Canada is Inadequate on Records Management — Here's Sedona Canada in Amended Form,» (2011), 9 Canadian Journal of Law and Technology 135, by Ken Chasse («Chase»), LSUC & LSBC, in Toronto.