Sentences with phrase «one's probative value»

403 (whether probative value of evidence is substantially outweighed by the danger of confusion) in finding further reasons to exclude the testimony: «the qualitative and quantitative value of the loss of... enjoyment of life, as it might be included in the pain and suffering he may have endured, can be calculated independently by the jury without the assistance, if not the confusion, of Dr. Smith's testimony.»

However, I also find that the value of the new family home has such little probative value in relation to the propensity of the plaintiff to be working full - time or part - time that it is outweighed by the prejudicial effect of such evidence.

Mr. Borowski also submits that the reports should be excluded because they are of little probative value since the opinions were formed without examining him and are based on an assessment of his credibility.

One fact is not relevant to another if it does not have real probative value with respect to the latter.

But Bohrer said the claims of misconduct on outside employment «is of minimal probative value at best and yet poses a serious risk of unfair prejudice and undue delay at trial.»

[57] The information sought by the defence in this case may have significant probative value in relation to the plaintiff's past and future wage loss, and the value of production is not outweighed by competing interests such as confidentiality and the time and expense required for the party to produce the documents.

Even where considered of some slight probative value in relation to an issue in the case, its persuasive value in the hands of a skilled prosecutor may create unfair

425 In a judge - alone trial, there is no jury, but that fact does not relieve the trial judge from considering the prejudice / probative value rule in determining admissibility.

A trial judge has the discretion to prohibit cross-examination of an accused on his or her criminal record where in the trial judge's view the potential prejudice of such cross-examination outweighs the potential probative value.

Here, the court determined that the evidence of the previous ruling provided only limited probative value to the jury but significantly prejudiced the driver.

In this case, the court said it would assume Fischer had satisfied the first prong of the St. George test, which considers whether the proffered expert testimony meets the standards of sec. 907.02 and it is relevant, necessary, and offers probative value greater than its prejudicial effect.

It goes, as will appear more fully later, to the basic right of defense, including some fair opportunity to test probative value.

Two medical records, which I obtained - including an official Royal Free discharge summary (given to me by the father) and a research pro-forma (forced out of Wakefield's lawyers during UK litigation)- are of exceptional probative value.

«The lower court was also right when it refused to accord probative value to the newspaper report and radio interview as newspaper report is not always the truth of its contents, and the prosecution had no burden to tender the newspaper report in evidence.»

Nonetheless, the confidentiality of prima facie disclosable material may afford a discretionary basis for the court to rule against production, where for example the prejudice caused by the loss of confidentiality is disproportionate to the likely probative value of the information sought.

To this extent, the prior consistent statement does add to the credibility of the complainant's in - court testimony and had probative value beyond mere repetition.

In fact, surveillance of I.Z. yielded nothing of probative value although the Justice issued the Warrant.

Despite what television tells you, direct evidence and circumstantial evidence have equal probative value.

It is possible that an adversary will argue that computer simulations are a form of scientific evidence offered for a substantive purpose, meaning that it has independent probative value and can be used by an expert as a basis for the expert's opinion.

Surveillance evidence may have little probative value as the Tribunal itself has recognized in numerous decisions.

The alleged misconduct described in the government's letter, which also claims Percoco flouted guidance from executive chamber counsel concerning outside employment, «is of minimal probative value at best and yet poses a serious risk of unfair prejudice and undue delay at trial,» Bohrer wrote.

C.A., Oct. 17, 2013)(35622) Judgment rendered Apr. 23, 2014 Abella J.: — ``... [no] basis for interfering with the reasons of Gillese J.A. and, in particular, with her conclusion that the trial judge made no error in determining that the minimal probative value of the proposed evidence was substantially outweighed by its prejudicial effect».

The court has used its discretion to deny an application for the production of documents in the following two circumstances: firstly, where thousands of documents of only possible relevance are in question; and secondly, where the documents sought do not have significant probative value and the value of production is outweighed by competing interests such as confidentiality and time and expense required for the party to produce the documents: Park at para. 15.

However, I take issue with his view that the prejudice / probative value rule is not applicable at this stage of proceeding.

And rules of professional conduct, like Model Rule 3.4, would prohibit lawyers from removing metadata from evidentiary documents if it has potential probative value.

The harm caused by surveillance and the threat of surveillance, and its antitherapeutic effects in a social welfare scheme, outweighs any limited probative value it may have.

Yet, that is clearly insufficient to appease the legitimate concerns of asylum seekers in similar situations, since they will be at the mercy of (administrative and judicial) authorities who may happily offer probative value to «junk science» detrimental to their asylum claims.

For this reason, security cameras are most often used to investigate incidents after the fact — provided the imagery is of sufficient quality to be of probative value.

In the letter, the attorneys write that» when constitutionally - protected contributions are trotted out as evidence of a bribery scheme — particularly when they have scant relevance to the alleged scheme — jurors are unlikely to consider them merely on the convoluted signaling theories the Government relies on for its assertion of probative value.»

«The probative value is bordering on zero and the undue prejudice is over the top,» Bohrer told the judge during a conference Tuesday.

The committee will not, however, undertake an assessment of the probative value of the scientific evidence in any specific component of the investigation, prosecution, or civil litigation and will offer no view on the guilt or innocence of any person (s) in connection with the 2001 B. anthracis mailings, or any other B. anthracis incidents.

Earlier this month, government attorneys filed a Motion in Limine to Exclude Testimony of Defendant's Experts, arguing that «Mr. Clark's proffered testimony regarding ideological debate and the environmental effect of cats has no probative value with respect to the issue before the Court.»

Your incredulity that such an intense greenhouse effect is possible has, I am afraid, no probative value whatever.

In US v. Mitchell, No. 09 - 3041, the court of appeals affirmed defendant's conviction for money laundering conspiracy, holding that 1) the indictment was not so defective that defendant could not have reasonably understood the offense for which he was charged; and 2) defendant did not show that the danger of unfair prejudice substantially outweighed the probative value of certain tax information.

[48] Disclosure in the civil litigation context is largely informed by an inquiry into relevance and probative value.

For more than 55 years, this Court has enforced a rule under which evidence of undoubted reliability and probative value has been suppressed and excluded from criminal cases whenever it was obtained in violation of the Fourth Amendment.

The Plaintiff opposed arguing that any probative value in the photos was outweighed by Privacy concerns.

Finding that the evidence had probative value, the Court of Appeals next determined whether the possible prejudice outweighed the probative value of having the jurors determine whether there was a perceptible difference in temperature.

On appeal, the hospital argued that the trial court abused its discretion, since it called for the jurors to make a medical diagnosis, and given that the jurors can not do so, the prejudicial effect outweighed any probative value.

The eIDAS regulation enforces the standards and procedures on issuing e-signatures, where the e-signature with the highest level of security and probative value is called a qualified electronic signature (QES).

The trial crown had serious concerns about the admissibility of the breath samples and also questioned the probative value of an eyewitness who claimed to have seen a motor home driving erratically some time before the accident.

The greater the change in this probability, the greater the relevance and probative value that can be assigned to the adduced evidence.

In assessing the probative value of Magoon's Mr. Big statements, the trial judge considered all the circumstances in which the statements were made.

Or in other words, the second study has considerably higher scientific relevance, and hence, probative value.