Sentences with phrase «of evidence at trial»

Mark Solon discusses the limitations of CCTV evidence and why expert witnesses and lawyers may need to look a little deeper than face value to make the most of the evidence at trial.

[21] Based on a review of the evidence at trial, described in part above, and the cases cited, as well as a review of the submissions of counsel, I find that the offer to settle in the amount of $ 75,000 ought reasonably to have been accepted by the plaintiff having given consideration to the foreseeable credibility problems and the negative verdict of the jury.

The stages of electronic discovery in civil litigation are: identification, preservation, collection, processing, review, analysis, production and presentation of evidence at a trial.

37 It cited Wikipedia itself as to how it is «openly editable,» as well as a number of federal court decisions «troubled by Wikipedia's lack of reliability» and ultimately concluded the government could not show there was «no reasonable possibility» that the jury's verdict was not impacted by the internet research.38 At least one federal court has followed Lawson to set aside another jury verdict based on a juror's research on the IRS website, which, although equally beyond the scope of the evidence at trial, is undoubtedly more reliable than a website like Wikipedia.39

In acquitting Mr. Paterson, the Court further found that considerations of voluntariness and the common law confessions have no operation during a Charter voir dire to ascertain the admissibility of evidence at trial.

Nevertheless, the ONCA summarily dismissed the appeal noting that wife had not given any notice of her intention to rely on a psychiatric report in advance of trial, and had not sought to tender any fresh evidence on appeal to support her argument that psychiatric evidence would have assisted in the assessment of her evidence at trial.

In sum, the presentation of evidence at trial can easily make or break the case.

Affidavits need to comply with the same rules that govern admissibility of evidence at trial.

DNA testing revealed that DNA from sweat on the bloody yellow t - shirt (the State's key piece of evidence at trial) did not come from Dillon; it came from person (s) unknown.

[2] Mr. Triffon is charged with attempting to «obstruct or pervert or defeat the course of justice in a judicial proceeding by threatening to use his vote, position and influence as a jury member to cause a «hung jury» irrespective of the evidence at trial.»

This might depend upon the nature of the evidence at trial - if A did not raise the failure of the prosecution to provide corpus delecti (i.e. a dead body) or the misidentification of an alleged victim's body as a defense and instead, for example, argued an alibi defense (e.g. he was in jail at the time of the alleged shooting).

He has authored numerous articles in state and national legal publications in areas ranging from substantive tort and evidentiary law to trial tactics, and is a frequent lecturer on a variety of legal issues, ranging from environmental coverage issues, pre-trial investigation and discovery, effective presentation of evidence at trial, medical records, trial tactics and ethics.

A motion in limine is used to request the exclusion of evidence at trial.

This approach will not be appropriate for highly contentious issues that may form part of the evidence at trial.

Not exact matches

These risks and uncertainties include, among others: the unfavorable outcome of litigation, including so - called «Paragraph IV» litigation and other patent litigation, related to any of our products or products using our proprietary technologies, which may lead to competition from generic drug manufacturers; data from clinical trials may be interpreted by the FDA in different ways than we interpret it; the FDA may not agree with our regulatory approval strategies or components of our filings for our products, including our clinical trial designs, conduct and methodologies and, for ALKS 5461, evidence of efficacy and adequacy of bridging to buprenorphine; clinical development activities may not be completed on time or at all; the results of our clinical development activities may not be positive, or predictive of real - world results or of results in subsequent clinical trials; regulatory submissions may not occur or be submitted in a timely manner; the company and its licensees may not be able to continue to successfully commercialize their products; there may be a reduction in payment rate or reimbursement for the company's products or an increase in the company's financial obligations to governmental payers; the FDA or regulatory authorities outside the U.S. may make adverse decisions regarding the company's products; the company's products may prove difficult to manufacture, be precluded from commercialization by the proprietary rights of third parties, or have unintended side effects, adverse reactions or incidents of misuse; and those risks and uncertainties described under the heading «Risk Factors» in the company's most recent Annual Report on Form 10 - K and in subsequent filings made by the company with the U.S. Securities and Exchange Commission («SEC»), which are available on the SEC's website at www.sec.gov.

Until the clinical trial's results are released, there won't be enough evidence that taking the drug can improve your lifespan, at least in the eyes of the FDA.

Just what these big payoffs meant for soccer dons wasn't fully known until federal prosecutors in Brooklyn, New York, began unveiling their evidence at the racketeering trial of three former South American soccer officials.

At the end of the day, all trial counsel agreed that the party offering the evidence was actually in a very bad position.

For instance, we were once in a proceeding in which the judge made a ruling on evidence presented at trial by opposing counsel that was going to fundamentally change the outcome of the case.

There's a whole process that's set up to ensure that the jury that finally gets impaneled is an objective group of people with no connection with anything going on in the case that might persuade them to cast a decision that's inconsistent with the evidence that's presented at the trial.

It's probably not going to be possible to have a jury of people that have never heard of the bands, that have never heard the music, but the real question is, even with that understanding, can they only focus on the evidence that's being presented by the parties at trial and only use that evidence and nothing from their own life experience outside of the courtroom to make that decision?

Don't tell me the story written at least 30 years AFTER his death is your evidence... any records of the trial, crucifixion, birth records?

Here, more than in any testimony developed at the trial, was the mute evidence of the anguish caused by the rift in the church: «Green silk altar hangings given by Miss Winifred Walker in memory of her sister, Ruby Walker... Private communion service given by Mrs. Annie Rose Robertson Sprague in memory of her mother and her sisters... A dogwood planted on the front lawn in memory of Marie Gatling Payne...»

It's the same difference between two types of trial testimony: The character reference given by the accused mother being akin to religious persuasion and CSI type hard evidence that places him at the scene, with the victim's blood on his hands and a video of him doing it.

Capital punishment's lack of demonstrated superiority as a deterrent (the evidence for its effectiveness being at best mixed), the capacity of society to protect itself equally well by permanently imprisoning those who are currently being executed (which is possible at limited marginal cost, especially when one takes into account the cost of the extended trial procedures and interminable appeals and reviews which usually accompany capital punishment)-- all these points are important, but their utility is chiefly as rebuttal arguments in response to the empirically weak but emotionally strong claims made on behalf of capital punishment.

The judge, who had analysed evidence at a trial in the Family Division of the High Court in London earlier this month, said he had reached his decision with «profound sadness».

In Darwin on Trial, 3 Philip E. Johnson, a professor of Law at the University of California, Berkeley, and an expert on the use of evidence in legal proceedings, examine the evidentiary basis for the currently accepted interpretation of biological evolution, «the Neo-Darwinian Synthesis.»

At the end of the Second World War, when the Nuremberg prosecutors were gathering evidence for the upcoming trials, one of the many people they turned to for assistance was Pope Pius XII.

«There was no evidence at the trial of any genetic transference risks posed by the RR canola swathes blown into Eagle Rest at the end of 2010.

In Scotland, where wide variations in surgical deliveries have been found between units, four evidence based recommendations have been prioritised: clinicians and women should regard trial of labour as the norm after a previous caesarean; offering external cephalic version to women at term if their baby is breech; monitoring and regularly reviewing caesarean data with support for staff; and one to one midwifery care for all women in labour.20 The National Childbirth Trust — a UK parents organisation — is concerned about medicalisation and erosion of midwifery skills and confidence.

In reality, EFSA had told the Commission in a letter: «The evidence, however, does not establish that starting DHA supplementation at 4 - 6 months in infants who had received a control (DHA - free) formula in the first months of life would have an effect on the visual development of those children...... There are no data from specific randomised control trials supporting a benefit of DHA supplementation starting at 6 months of life in infants fed a DHA - free formula in the first 6 months of life......» (3)

Her experience in college health, at the AIDS clinical trials UNC - Chapel Hill, and as a sexual health and family planning counselor with Planned Parenthood solidified her belief in providing direct care coupled with evidence - based information, and community resources that offer realistic options and reinforcement of individual needs.

While the evidence indicates she is capable of greater earnings if employed so as to use her secretarial skills and if she maintained regular employment, the job she held at the time of trial would yield her only about $ 5280 per year.

Although some of the enthusiasm for home visiting has waned in the past decades as reports of some large randomized trials have failed to demonstrate program effects, evidence from other programs targeted for families at risk (eg, low - income families) has shown enough promise to build on program development momentum.

Mean age at which infants first sat from lying did not differ between groups, and there was no evidence of a difference in pooled risk of a delay in walking until after 12 months (2 trials / 240 infants).

There was no evidence for an increased risk of haemoglobin below 110 g / L or 103 g / L at six months, however (RR 1.20, 95 % CI [0.91 to 1.58] and RR 1.29, 95 % CI [0.75 to 2.23], respectively; 1 trial / 139 infants).

In addition, there was no effect on breastfeeding duration when the pacifier was introduced at 1 month of age.280 A more recent systematic review found that the highest level of evidence (ie, from clinical trials) does not support an adverse relationship between pacifier use and breastfeeding duration or exclusivity.281 The association between shortened duration of breastfeeding and pacifier use in observational studies likely reflects a number of complex factors such as breastfeeding difficulties or intent to wean.281 A large multicenter, randomized controlled trial of 1021 mothers who were highly motivated to breastfeed were assigned to 2 groups: mothers advised to offer a pacifier after 15 days and mothers advised not to offer a pacifier.

At the same time, the attorneys argued evidence of the developers» campaign contributions to Cuomo should not be barred from being discussed at trial and are legally protected by the First AmendmenAt the same time, the attorneys argued evidence of the developers» campaign contributions to Cuomo should not be barred from being discussed at trial and are legally protected by the First Amendmenat trial and are legally protected by the First Amendment.

This is significant since at the heart of the Silver trial was evidence that the former Speaker was talking out of both sides of his mouth on this issue.

Testimony during the trial also unearthed the issue of potential violations of state law by Percoco, given evidence of his presence at and likely work in government office space while working on Cuomo's re-election campaign — a bright line that is supposed to be avoided.

The PCC's subsequent report failed to uncover any evidence of any phone hacking by any newspaper beyond that revealed at Goodman's trial.

«Nor could he, given the overwhelming evidence introduced at trial demonstrating that Silver approved funding, authorized legislation, and made other decisions in his official capacity as Speaker of the New York State Assembly, and as an elected State Assemblyman, that benefited those from whom he received millions of dollars in personal payoffs.»

The court had, on October 23, at the instance of Metuh issued a subpoena to compel Jonathan to appear in court for the purpose of giving evidence in his trial on an alleged corruption.

Federal prosecutors are seeking to use the evidence at the upcoming trial of Percoco and two executives of the Syracuse firm COR Development, as well as Peter Kelly, a former official at Competitive Power Ventures, which is based in Maryland.

At the end of Dasuki's evidence, Justice Abang then discharged the witness and adjourned trial till December 2017.

The U.S. solicitor general fired back that McDonnell's case was a routine example of an official taking personal benefits to influence government matters, and the evidence at the trial «amply supported» his conviction.

A federal judge said she would likely allow the jury in Sheldon Silver's corruption trial to hear evidence that a doctor at the center of kickback allegations disliked the desposed...

David Miliband voted for the iraq war, for 90 days» detention without trial, which was defeated despite him, for setting control orders at the instance of the Secretary of State for Justice instead of the Lord Chief Justice and against giving suspects the right to see the evidence against them.

Law lords are expected to rule later today on whether a police force breached the human rights of a witness shot dead before he could give evidence at a trial.

Prosecutors want to present evidence of Smith's alleged payoffs at his upcoming corruption trial, where he's accused of trying to bribe city Republican leaders to get on the GOP line for mayor last year.