Sentences with phrase «only prima facie»

In some jurisdictions, e.g., Texas, driving faster than the posted speed limit is only the prima facie evidence of an unreasonable speed, where, if charged with a violation, one could still argue in the court of law, in front of a jury of one's peers, that the speed was nonetheless safe, reasonable and prudent.

It makes it very clear that only a prima facie case (albeit a strong prima facie case) exists to suggest that the law was broken.

One, the ICO has clarified in their letter to the UEA that there was only prima facie evidence of an offence under section 77.

«Although respect for conscience is a value, it is only a prima facie value, which means it can and should be overridden in the interest of other moral obligations that outweigh it in a given circumstance.»

Not exact matches

J. L. Mackie... recognizes that the inconsistency can be overcome by saying that all prima facie evil is only apparently evil.

The proper definition of apparent evil, however, is prima facie evil which when judged from an ultimate frame of reference is that in the place of which no other realistically possible occurrence could be better.2 «Apparent» evil is not only a means to perfection, but also a morally necessary and justified means.

Since the initial aim is at the best possible fulfillment beyond man's powers to understand, and since man's exercise of freedom seems only to lead to a deviation away from this ideal possibility, there is some prima facie support for this view.

While a retributive theorist such as Kant might hold that there is not only «a prima facie obligation on society to punish one who has infringed the rights of others; it is an absolute over-all obligation — punishment must absolutely be meted out or society itself is guilty of wrong» (ET 498), a utilitarian theorist would see things quite differently.

Prima facie, this would make it appear that Coutinho was the most searched footballer on Google in 2017, but G only say that their trending -LSB-...]

In fact, whatever else he may achieve in his pursuit of the presidency, the former Louisiana congressman and governor may be remembered as the last presidential candidate to ever receive federal matching funds; the very fact that he is the only candidate seeking and collecting those funds this year prima facie evidence that the public financing system for presidential elections is already functionally dead.

This is sort of how «regular» science works (assuming no hidden agenda, only truth - seeking); there will always be outlier skeptics considering alternative explanations, and when they find some prima facie basis for one, will investigate.

But I find the contention in 1st reference that only «conservatives» dig in when challenged equally silly prima facie.

That was a bona fide scandal, not only because such conduct is prima facie illegal, but also because scientists who deny independent researchers the opportunity to reproduce (invalidate) their results attack the very heart of the scientific enterprise.

These procedures state that first stage inquiries are only charged with determining prima facie evidence and should not attempt to make the findings that are the province of an investigation.

(3) In the case where an immediate appeal against a ruling has been lodged, and only when there is prima facie evidence showing that there are circumstances that will cause the revocation of the protection order, an appellate court may order, upon a petition, the suspension of the validity of the protection order until the judgment on the immediate appeal against a ruling has come into effect.

Justices Moldaver and Wagner, on the other hand, did find prima facie discrimination based on the reasoning that Stewart's drug dependency was a factor in the termination of his employment, even if it was not the only factor or even a primary factor.

(7) Interim support should only be ordered where it can be said a prima facie case for entitlement has been made out; and

If lawyer misconduct only surfaces if and when the clients complain to the Law Society, or when there is otherwise prima facie proof of facilitated crime or fraud, then there is a high degree of protection of client misconduct facilitated by lawyers and a much reduced risk of lawyers being called to account for wrongful facilitation.

Discrimination is not limited to rules and practices based only on the listed protected characteristics — it can also occur where a neutral rule / practice has an adverse impact and the protected characteristic is a factor in that adverse impact (for example, although language is not a protected ground, terminating someone's employment due to language difficulties could establish enough of a nexus between the language difficulties and that person's place of origin such that it establishes prima facie discrimination).

Citing Robles v. Kuhn, 2009 BCSC 1163 for the principle that interim support should only be ordered where a prima facie case for entitlement exists, the Court denied the appeal on the basis that the applicant failed to establish anything clearly wrong with the master's decision.

As to whether an extension was justified on the basis Visa concealed facts, the Court held only those facts sufficient to plead a prima facie claim were relevant to S 32 (1)(b).

However, regardless of the precise semantic difference between probable cause and reasonable suspicion, the reality is that, since their shameful and ultimately unsuccessful attempt to extradite Lofti Raissi, US prosecutors have had little difficulty in adducing cogent evidence which satisfies not only the probable cause test but also the older (and more difficult) prima facie test.

The duty to accommodate family status will only arise when there is a prima facie case of discrimination.

To establish this prima facie case would require the tribunal to consider not only evidence of a difference in status and treatment but also the reason for the differential treatment and evidence produced by the respondent contesting the complaint.

Favouring property rights of kinds held by non-indigenous people over those held only by indigenous people, by treating the impairment of an aspect of native title as the partial extinguishment of native title, is prima facie inconsistent with Australia's obligations in relation to equality and the rights of indigenous minorities.