So do not let your opponent get away with creating testimonial exhibits which will be taken back to the jury room and provide unfair emphasis
on such testimony.
Not exact matches
Facebook may never have made
such sweeping changes and apologies had it not had today and tomorrow's
testimony on the horizon.
Yes, his appointment as a Fellow of Oriel College at Oxford gave clear
testimony to his academic brilliance, a verdict of his peers that he vindicated with
such scholarly publications as Lectures
on Justification and The Arians of the Fourth Century.
That in itself is a
testimony to God's «Truth» for man CAN NOT come up with
such a thing
on his own!
Why would a story based
on reliable eyewitness
testimony differ in
such ways?
Such a
testimony is not mine, I have questioned my faith, maybe even left it, depending
on whom you consult.
As
such,
testimony is an element in a treatise
on argumentation.
Such is the non-heteronomous dependence of conscious reflection
on external
testimonies.
So if you're citing stastics
on abortion, plan to be able to provide personal personal
testimony from any people included in
such statistics.
In recent cases in Colorado and New Hampshire (I provided expert
testimony in both instances), those challenging the prohibition
on state funding of religious schools drew attention to the discriminatory effect of
such laws.
(cf. 18:20 and 14:11); Jeremiah's profound grief, 8:4 - 9:1; his affinity with Hosea, 13:16 27 but in many other passages as well; the certainty of destruction, 14:10 - 18; the quality of the «Confession» in 15:10 - 18 (as also elsewhere) that brings Jeremiah closer to us than any other figure in the Old Testament; the symbolic act again, chapter 19 — only Ezekiel among the prophets performs more
such acts than Jeremiah; the bitterest of his confessions, 20:7 - 18, matched in the Old Testament only in Job (cf. Job 3); his association with Baruch in the remarkable narrative of chapter 36, «in the fourth year of Jehoiakim»; and his devastating words
on Jehoiakim, 22: 13 - 19, bitter
testimony to what was in Jeremiah's eyes the miserable rule of a miserable king.
In her jury instructions, the judge noted Howe's participation in the case as a cooperating witness, noting that convictions in this case can be made «
on the basis of
such a witness's
testimony.»
Although his
testimony this year did not include any reference to voting reform, Goldstein said the mayor's team in Albany works behind the scenes
on such legislative issues.
The first highlights — filled with backroom political gossiping — were played during
testimony by state Sen. Tony Avella (D - Whitestone), who described Skelos» power and explained how his own legislative behavior
on issues
such as rent control and fracking might have been different if he knew about the behind - the - scenes interests of Skelos.
As a result of the
testimony given, the report recommends the state Department of Education immediately address several concerns,
such as expediting waivers from the U.S. Department of Education «to relax onerous and rigid testing restrictions placed
on certain students,» especially with English as a Second Language students and students with disabilities; producing all missing or incomplete curriculum modules; aligning assessments proportionally to curriculum actually implemented; and increasing funding for the professional development of teachers.
Mr. Dorego, as part of his
testimony, gave jurors a brief primer
on limited liability companies, or LLCs, explaining that each of Glenwood's 20 - plus buildings was owned by
such an entity, and that each of those was in turn owned by the Litwin Family Trust.
Such is the harrowing
testimony of one of the closest eyewitnesses to what scientists call the Tunguska event, the largest impact of a cosmic body to occur
on the earth during modern human history.
While the data
on just how many men are engaged in these relationships is hard to pin down — other sugar daddy websites contacted by the ABC declined to provide data —
testimonies from sugar daddies have been popping up with regularity over the last year in
such publications as The Australian Women's Weekly, Harper's Bazaar and GQ.
The comments came in
testimony at the opening Congressional hearing
on the reauthorization of the act governing
such expenditures, which total $ 918 million this year.
Narrowly focused special interest lobbying groups
such as the Connecticut Charter Schools Network (CCSN) were allowed to present
testimony but were not put
on the Advisory Committee.
NSBA continues to lead efforts to reauthorize the Child Nutrition Act, through congressional
testimony before the House Education and the Workforce Committee, a national pulse poll, and support for legislation,
such as the Healthy School Meals Flexibility Act and the Reducing Federal Mandates
on School Lunch Act.
In her
testimony to the House Financial Services Committee
on Tuesday, Fed Chairwoman Janet Yellen commented that with interest rates near zero the Fed must rely
on such less traditional tools of monetary policy as forward guidance and asset purchases.
For one thing, these groups are already disproportionately affected by predatory credit practices,
such as the marketing of subprime mortgages and overpriced auto loans targeted at these populations.11 As a result, these groups have suffered higher foreclosure rates.12 African Americans and Latinos also suffer from disparities in health outcomes, and as discussed in Section IV of this
testimony, health care bills are another source of black marks
on credit reports.
Through a rich collection of images and rare
testimonies published for the first time, as well as a detailed chronology, in this volume Germano Celant recounts the years 1959 — 1971 in the Dwan Gallery, whose shows were as important as those organized by figures
such as Leo Castelli and Ileana Sonnabend, also focusing
on earlier and subsequent events in Virginia Dwan's career up to the present.
But if you take the same strategy and follow the reception of uncertainty through the media,
such as the CBS broadcast
on «Silent Spring,» and in the President's Science Advisory Committee policy documents, in Carson's
testimony before Congress, and in the E.P.A.'s ban
on DDT, you can witness the same strategy to assert ignorance and risk, and use visceral images to transform scientific uncertainty into a political certainty.
Organisations who deny or reject current science
on human - caused climate change,
such as the Global Warming Policy Foundation in the UK and the Heartland Institute in the US, have published critical reports, and the Republican Party organised congressional
testimony against the consensus research
on Capitol Hill.
Whereas Lindzen is given no
such benefit of the doubt (see the later thread
on Lindzen's
testimony) and taken out of context, for example
on the faint sun paradox where Chris Colose and Jim D just misquote him.
In fact it is somewhat ironic that a congressman
on a committee worries about undue influence from industry
on the
testimony he hears when his colleagues
on the committee are also receiving
such influence due to the Citizens United ruling.
One
such case is Don Easterbrook, whose
testimony in front of a Washington State Committee in March 2013 so distorted the scientific facts that most of the members of his department (WWU geology) wrote a public letter, saying» [his views] are neither scientifically valid nor supported by the overwhelming preponderance of evidence
on the topic».
Before the trial judge, O'Hara's attorney stated by affidavit and
testimony (based upon
such time records as he had kept) that he had expended about 183 1/2 hours
on the case.
The trial court rejected this
testimony based
on long standing case law in New Jersey: Projects
such as this would be considered a general benefit to the entire island, and not a special benefit to Karans or any other beachfront owner.
Such instruction shall include that the presence of the facility dog is in no way to be interpreted as reflecting
on the truthfulness of the
testimony offered.
In so finding, the Tribunal considered expert evidence led by both parties
on the issues of work - life balance and favoured the
testimony of Ms Johnstone's expert that creating policies to accommodate
such issues would not open the floodgates to similar requests at the same time,
on the basis that in an organization, there are a «range of people in or at a range of life cycle places.»
Moreover, it was based
on testimony from Finjan that it would have sought
such a rate.
This case prompted the Virginia Department of Forensic Science (DFS) to conduct a review of 200 old blood - typing cases to make sure there are not other convictions based
on such flawed
testimony.
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).
In recent years, CCLA has supported similar bills,
such as Bill C - 279, in written submissions to the House of Commons Standing Committee
on Justice and Human Rights, and in our
testimony to the Senate Committee
on Human Rights in June 2013 and the Senate Committee
on Legal and Constitutional Affairs in October 2014.
However, to the extent that the medical records are unclear as to the source of the statements contained therein,
such statements may be utilized only as a witness» prior inconsistent statements if additional foundation
testimony is presented
on remand to establish that the witness was, in fact, the declarent of
such statements.
The judge concluded that the expert's
testimony was subject to a Daubert review even though it was «technical» rather than «scientific,» and that, based
on such review, the expert's methods were not reliable.
Though granting
such requests is not routine, Ontario courts will consider
such requests
on the principle of comity — that is, that the US or foreign court would reciprocate if and when the Ontario court requests documents and
testimony from a resident of their jurisdiction.
In turn, appellate courts since Kumho have focused
on whether the trial judge abused his discretion in admitting or excluding the
testimony and, in some cases, have examined, without focusing
on the Daubert factors, whether the expert
testimony satisfied other evidentiary standards
such as whether there was an adequate factual foundation for the expert's
testimony.
Thus, the Court used the «reliability» factor which is at the heart of the gatekeeping process, but its decision was based essentially
on the lack of reliability of the factual foundation of the
testimony, rather than the Daubert factors
such as testability, publication, error rate or general acceptance.
On remand from Daubert, the lower court's unease with this new task was clearly evident: «Our responsibility, then, unless we misread the Supreme Court's opinion is to resolve disputes among respected, well credentialed scientists about matters squarely within their expertise, in areas where there is no scientific consensus as to what is or what is not «good science,» and occasionally to reject
such expert
testimony because it was not «derived by the scientific method.»
Under KRE 803 (18), known as the learned treatise rule, statements from
such a document are not excluded by the hearsay rules, even though the declarant is not available as a witness, when these statements are used in questioning an expert witness, either
on direct or cross, if the statements are established as a reliable authority either by the witness, other expert
testimony, or by judicial notice.
In turn, appellate courts since Kumho have focused
on whether the trial judge abused his discretion in determining admission and, in some cases, have determined whether, without focusing
on the Daubert factors, the expert
testimony satisfied other evidentiary rules,
such as whether there was an adequate factual foundation for the expert's
testimony.
If you represent a tort defendant in a personal injury action and the medical bills are extensive, it may be worth considering expert
testimony on the range of payments that insurers typically pay for
such services.
No litigant has ever presented
such testimony but experts
on this topic will surely emerge as a result of this decision.
[36]:» As noted by the language of the statute, granting
such an order is discretionary, but there is an onus
on the party opposing it to satisfy the court that receiving the
testimony in this manner would be contrary to the principles of fundamental justice.
«The law encourages the correction of erroneous and even intentionally false statements
on the part of a witness, and perjury will not be predicated upon
such statements when the witness, before the submission of the case, fully corrects his
testimony.»
The Central Bank of Australia recently spoke out
on the ever - increasing popularity of cryptocurrencies
such as Bitcoin and Ethereum during a recent parliamentary committee
testimony.