Sentences with phrase «only by a preponderance of the evidence»

Not exact matches

Even you Fred, must admit that this field is one in which the exercise of extreme caution is not only justified but required by the preponderance of the evidence.

Only after this process is complete should the investigation committee turn to an analysis of whether the charges have been proven by a preponderance of the evidence.

In a civil case, the plaintiff is only required to prove that you are guilty by a preponderance of the evidence.

In a civil case, the person claiming to be damaged need only prove their case by a preponderance of the evidence.

An Indiana personal injury or wrongful death claim must only be proven «by the preponderance of the evidence,» whereas a criminal case needs to be proven «beyond a reasonable doubt.»

I can also argue by analogy to the preponderance of evidence floor set not only in federal law, but also in the law of the sister jurisdictions of Maryland and the District of Columbia (but watch out for hostility by some judges towards those jurisdictions, to the extent they might view Maryland and D.C. law as too lenient for criminal defendants).

Instead, the plaintiff need only prove their case by a preponderance of the evidence.

The Supreme Court noted this change in deciding Desert Palace, Inc. v. Costa, where it held that «[i] n order to obtain [a mixed motive instruction under Title VII], a plaintiff need only present sufficient evidence for a reasonable jury to conclude, by a preponderance of the evidence, that «[protected class] was a motivating factor for any employment practice.

The court can only grant the minor's petition if the judge determines that, by clear and convincing evidence, the minor is sufficiently mature to decide whether to have an abortion, or that, by a preponderance of the evidence, giving parental notice would not be in the minor's best interest.

For example, in California, a court finding of domestic violence within the past five years also creates a presumption against joint or sole custody by the perpetrator that can only be rebutted by a preponderance of the evidence.

(2) In determining visitation arrangements, if the judicial officer finds by a preponderance of the evidence that an intra family offense has occurred, the judicial officer shall only award visitation if the judicial officer finds that the child and custodial parent can be adequately protected from harm inflicted by the other party.