Sentences with phrase «of admissibility which»

Attorneys are also resorting to more primitive techniques such as taking screenshots and things of that nature which raise real issues of admissibility which is a huge problem and then ironically social media sites are responded by providing their own takeouts or downloads.

Not exact matches

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.

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).

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).

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.»

The Ninth Circuit has yet to rule on the admissibility of the YouTube videos which purportedly contain close - ups of the judge singing songs while playing the ukulele.

And it ignores the requirement in the electronic records provisions of the Evidence Acts that admissibility of electronic records requires proof of the «integrity of the electronic records system» in which the records are stored.

Also, the 2nd edition will not direct sufficient attention to: (1) the serious, common defects of records management and of software, and their considerable worsening of the difficulty of determining the adequacy of disclosure made in discovery proceedings; and, (2) the fact that the admissibility of records is dependent upon proof of the «integrity» of the records systems in which they are stored, which requires proof of the compliance of such records systems with the National Standards of Canada for electronic records management.

And s. 31.5 CEA, and s. 34.1 (8) OEA, state that NSCs may be used in determining the admissibility of electronic records in accordance with the «systems integrity» concept set out in s. 31.2 (1)(a) CEA, and 34.1 (5), (5.1) OEA, i.e., the integrity of an electronic record depends upon proof of the integrity of ERMS by or in which the electronic record was recorded or stored.

You may have fun reading Section 276 which deals with disclosure and admissibility of evidence.

That is the «system integrity» concept of records reliability, i.e., «records integrity» requires proof «records systems integrity,» which is the admissibility rule of the electronic records provisions of the Evidence Acts (e.g., s. 31.2 (1)(a) of the Canada Evidence Act, and s. 34.1 (5), (5.1) of the Ontario Evidence Act).

This article is about the poorly drafted proposed 2nd edition of a National Standard of Canada, which the Evidence Acts make necessary for discovery and admissibility proceedings concerning the use of electronic records as evidence.

In regard to best evidence rule issues, admissibility of electronic records requires proof of the «systems integrity» of the electronic records management systems (ERMSs) in which the records are recorded or stored; see for example: Canada Evidence Act (CEA) s. 31.2 (1)(a); Ontario Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s. 23D (1).

In regard to best evidence rule issues, admissibility of electronic records requires proof of the «systems integrity» of the electronic records management systems (ERMSs) in which the records are recorded or stored; see... [more]

I identify, among a host of examples, the way in which Professor Zander handles the quality and length of modern legislation and the process by which it comes to be enacted in the form which it finally takes: the admissibility in argument involving statutory interpretation of reference to Hansard and the Parliamentary debates: the personal element in judicial law - making, and the «so called» rules of statutory interpretation: and diversity on the judicial bench.

If so, then one of the bread - and - butter issues in which trial judges get no shortage of experience is the admissibility of expert testimony.

Secondly, another problematic aspect of the omission of the mentioning of admissibility is that the ECJ also tacitly approves the above mentioned approach and reasoning of the General Court which directly turned to the substance of the case without examining the admissibility «for the sake of the economy of procedure».

Its high cost, dependence upon the quality of electronic records management, interdependence with admissibility of evidence rules and practices, and development of TAR (technology aided review) software, which in itself raises many complex issues, will maintain disclosure and discovery's importance to all litigators for many years to come.

In R v Turner [1975] QB 834, a case which concerned the admissibility of opinion evidence... Lawton LJ stated at p 841: «If on the proven facts a judge or jury can form their own conclusions without help, then the opinion of an expert is unnecessary.»

(3) changing the strategy for reducing the cost of electronic discovery and admissibility proceedings, from the current «cutting costs by cutting competence» strategy of ignoring ERMS technology — the inadequate competence of case law to provide accurate results — to a strategy that does not deny the nature and dangers of the technology upon which such proceedings are based;

I believe this analysis misreads Rule 408 of the South Carolina Rules of Evidence, which deals with the admissibility of offers of compromise.

The Court of Appeal held the legal issue of threshold admissibility (regarding the inconsistent statements made by the accused) was quite different from and not relevant to the judge's ultimate finding that the Crown failed to establish the collusion on which its case depended.

Instead, we should use the Mohan voir dire safeguard which exists for this very reason — the safeguard allows an assessment of admissibility,» says Sukanya Pillay, CCLA's executive director and general counsel.

Re: lawyers practising in association with non-lawyers: - Absolutely necessary because: (1) technology will be the basis of almost all laws, therefore we will have to practice with other experts in that technology; (2) records management law will be a major area of practice because, records are the most frequently used form of evidence and e-records depend for everything on their e-records management systems (ERMSs), and they must be compliant with the National Standards of Canada for e-records management, which standards require legal opinions, and every significant change to an ERMS requires a legal opinion re ability to produce records able to satisfy laws as to e-discovery, admissibility of evidence, privacy & access to information, electronic commerce, tax laws, and compliance with National Standards of Canada for e-records management; (3) all new technologies require a legal framework, which means more work for lawyers; and, (4) otherwise, other professions and service providers who now provide «legal information,» will begin to provide «legal advice» and other services that only lawyers should be providing.

Differently than the procedure for preliminary rulings before the CJEU, which allows the latter Court to use a wider margin of appreciation when it assesses the admissibility of the referring order and to rephrase its scope and content in the light of EU law (as it did with the request from the Tribunale di Cuneo that started the Taricco saga), the ICC is more strictly bound by the correspondence between such order and the final ruling.

And it is the foundation concept of the National Standard of Canada for electronic records management: Electronic Records as Documentary Evidence CAN / CGSB -72.34-2005, which is largely ignored by the legal profession and the caselaw of e-discovery and admissibility.

But if it is to make e-discovery and admissibility proceedings adequately respectful of the ERMS technology upon which they are based, it needs the formalization, recognition, and authority of law.

The defendants say that one of their objections to admissibility of this report is the relation, which is described as a familial one, between counsel and the plaintiff's treating physician.

Better to increase the attractiveness of legal services by enabling lawyers to provide related services accompanying their legal services, e.g., family law lawyers providing financial planning advice, and law firms providing accounting and tax advisory work, and litigation lawyers working with experts who improve and maintain their clients» electronic records management systems, because records are the most frequently used kind of evidence and are completely dependent on their records management systems for everything, particularly their «integrity» （ which is what the electronic records provisions of the Evidence Acts require be proved for admissibility; e.g., section 31.2 （ 1 ） （ a ） of the Canada Evidence Act - see: Ken Chasse, «Electronic Records as Evidence,» and the other «records as evidence» articles on «my SSRN authors page, for free download ） 。

Other concerns of the panel included Mr. Groia stating that the OSC was not living up to its promises with respect to the admissibility of documents (paras. 103 - 104 & 147), and that the OSC was employing a «conviction filter» when determining which documents it would allow to be admitted into evidence (paras. 133, 142 & 145).

New York utilizes what is known as the «Frye» test for the admissibility of scientific expert testimony, which requires that experts rely on methodologies that are generally accepted within the scientific community in reaching their conclusions.

Since DUI laws (including underage DUI laws) and the precise wording of each statute vary from state to state, the Canadian admissibility of an individual can also depend on the US state in which the offense happened.

The Court formulated a new standard for the admissibility of eye witness testimony which, inter alia, mandated that such testimony be excluded if the defendant can prove — based on system and / or estimator variables — that the «probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence» (44 - 5).

However, before surveillance can be used to impeach a plaintiff's credibility, counsel must comply with the requirements of Brown v Dunn, which requires thata witness be given the opportunity to explain or deny the evidence.8 In addition, the court must be satisfied that the surveillance meets the test for admissibility.

Section 457.3 (1)(b) of the Criminal Code which prohibits the adduction of evidence from the accused as to the offence charged at the bail hearing by implication must prohibit the subsequent admissibility of evidence given contrary to its terms.

(b) A party which objects to the admissibility of all or any part of a report shall notify the party relying on the report not less than 7 days before the hearing.

The Ontario Court of Appeal decision deals with admissibility of evidence in the criminal context; however, there are a variety of comments in the decision which reinforce for employers the desirability of instituting an appropriate terms of use policy.

In response to the defendant's argument that a party to litigation is entitled to the production of evidence that is «reasonably calculated to lead to the discovery of admissible evidence,» Magistrate Judge Facciola held that the defendant's purpose for seeking the images (which was to admit them as evidence of the plaintiff's own standard of behaviour) meant that the issue of discoverability and the issue of admissibility were inseparable.

Where proper predicate was not shown for admissibility of sources of business records, the offered sources, which were offered to prove the acts, events, or conditions recorded in the original business records that the exhibits purported to summarize, were objectionable as hearsay.

Under the federal rule for the admissibility of expert testimony, Federal Rule of Evidence 702, expert testimony which does not relate to any issue in the case is not relevant and non-helpful.

The line of authorities on the Police and Criminal Evidence Act 1984 (PACE 1984), s 74 (admissibility of guilty plea of co-accused) as distilled in the judgment of Lord Justice Staughton in R v Kempster, [1989] 1 WLR 1125, [1990] 90 Cr App R 14 (indicating that s 74 should be applied sparingly, because the evidence that a now absent co-accused has pleaded guilty may carry enormous weight in the minds of the jury, but it is nevertheless evidence which can not properly be tested in the trial of the remaining defendant) remains relevant despite the passing of the Criminal Justice Act 2003 (CJA 2003).

Novelty, inventive step and sufficiency were considered, along with estoppel and the admissibility of late - filed expert evidence, which was subsequently struck out for not meeting the requirement of being «strictly in reply».

Now, the way electronic discovery and admissibility proceedings concerning electronic records are conducted, they too appear to produce sufficiently accurate results on the facts as presented, nevertheless, because the integrity of the electronic record systems in which such records are stored is not being investigated and challenged, those proceedings have an unacceptably high probability of not doing «justice.»

-- order the European Council to pay the costs which he has incurred in the context of the preliminary issue relating to admissibility.

Indeed, last week's decision laid the basis for future complaints in Karlsruhe through another relaxation of the admissibility criteria, which Lübbe - Wolff and Gerhardt are right to criticise in their dissenting opinions.

There was case law on the admissibility of fresh medical evidence in support of a diminished responsibility plea in these circumstances but evidence was also needed to show that it was the mental illness itself which had been responsible for the defence not having been run.

At issue was the admissibility of six photos of the complainant's computer screen showing the conversations as well as the printouts of five screen captures from the complainant's computer on which the conversation could be read.

Taken into consideration with the haste with which officials reached the conclusion that Mr. Galloway was inadmissible and took steps to have him barred before the assessment of his admissibility was completed, these statements could have supported findings of bias and bad faith against the respondents.

The prosecution (the Crown) provided evidence as to, «circumstantial guarantees of trustworthiness,» about which the trial judge said during this pre-trial hearing to determine admissibility (para. 64):

Paragraph 27.2 of PD32 makes it clear that all documents contained in bundles which have been agreed for use at a hearing shall be admissible at that hearing as evidence of their contents, unless the court orders otherwise or a party gives written notice of objection to the admissibility of particular documents.