Sentences with phrase «party presents evidence»

Mississippi may modify a joint custody award, if a party presents evidence of a material change of circumstances.

An arbitration functions similarly to a trial in which the parties present evidence, testimony and argument to an arbitrator who will then make a final decision on the outcome of the case.

The record indicates that both parties presented evidence regarding Nelson's allegations and the family court found Vincent's evidence and witnesses to be more persuasive in their testimony than Nelson's.

In arbitration, the parties present evidence and argue their positions before a third - party neutral arbitrator, whose decision is legally binding.

Not exact matches

According to the ruling, a person can claim parenthood by presenting «clear and convincing evidence that the parties agreed to conceive a child and to raise the child together.»

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?

There is no presentation of evidence from both parties, there are no legally - appointed juries or judges, and very little eyewitness testimony is presented.

And the press, which is as much a part of Westminster as the MPs are, doubles - down on the process, presenting even the slightest deviation from a leader's views as evidence of a party in chaos and a leader under fire.

IAS Director Katherine Brown will today present the report's findings in an oral evidence session of the All - Party Parliamentary Group on Alcohol Harm, as part of an inquiry into the «Impact of Alcohol on the Emergency Services.»

In the meantime, to those Tom Harris charcaters in the Labour party who want to present electoral reform as an issue of relevance only to bourgeois liberal Guardian - readers (like me), I say: how dare you oppose a system that — on the evidence of Soskice and Iversen's study — is better for social spending and economic equality?

In 2015 we conducted an event at the 2015 Conservative Party annual conference at which we presented analysis of the Conservative's electoral position and prospects, we were invited to submit independent scholarly evidence to Labour's Learning the Lessons Review, chaired by Margaret Beckett, and we co-hosted a 2015 post-election event in June 2015 with cross-party attendance and participation by a broad political range of commentators, and also leading UK journalists.

Instead, Ms. Berney presented the fact that BOTH Ragusa and Haggerty filed the requisite papers with the New York State Board of Elections evidencing their Chairmanship of the Queens County Republican party, and neither challenged the other within the 10 - day period for filing challenges.

The party's running mate, Dr Mahamudu Bawumia in 2015 presented what the party said evidence to back its claim that there were 76,000 names of Togolese who are on Ghana's voters register.

The evidence in this case demonstrates that under California's blanket primary system, the prospect of having a party's nominee determined by adherents of an opposing party is far from remote - indeed, it is a clear and present danger.

Politicians are emotional too, as they hold party ideals which may run contrary to evidence presented too them.

The comments, which echo criticisms of Mr Brown from his opponents, are certain to be presented by Opposition parties as evidence of what the Business Secretary «really thinks» about the Prime Minister.

At the first day's hearing by the National Constitutional Committee (NCC) into Wadsworth's future in the Labour Party, around 40 Labour MPs and peers accompanied Smeeth to ensure she was able to be present to give evidence.

Prominent women's rights activists and elected officials are urging the Manhattan Democratic Party to rescind a sitting judge's nomination to a prestigious post, because she allowed evidence of an abortion to be presented in a child custody case.

The New Patriotic Party (NPP) says it will soon present evidence supporting its claim that some foreign nationals have been registered on Ghana's voters» register to the Electoral Commission (EC).

While no story mode is included in the beta, Think of the Children puts players on trial for negligent parenting, with the prosecutors presenting a series of potentially hazardous events as evidence: a birthday party at the park, a day at the zoo, a camping trip, being stranded in the Aussie Outback, under the sea, and more.

If the party with the burden of production does not have sufficient evidence, the other party need present no evidence at all, winning by default.

That establishes which party has the obligation to first present evidence that a given fact / issue should be determined in that party's favor.

Finally, the evidence has mounted up that, with a handful of exceptions, «sceptics» are not, as they claim, fearless seekers after scientific truth, but ideological partisans and paid advocates, presenting dishonest arguments for a predetermined party - line conclusion.

While the jurors» perceptions and the attorneys» presentation skills discussed in this article affect how the evidence is presented and received, I think that most practitioners will agree that the vast majority of juries weigh the evidence fairly: They are able to see the forest for the trees and provide both the judicial system and the parties a truly fair and reasonable arbiter.

The question is whether the evidence presented by the party challenging the judgment convinces the reviewing court that a reasonable person would conclude that the judge did not perform her sworn duty to review and consider the evidence with an open mind: Teskey.

The question is whether the evidence presented by the party challenging the judgment convinces the reviewing court that a reasonable person would conclude that the judge did not perform her sworn duty to review and consider the evidence with an open mind.

In addition, if a jury's decision to nullify is obviously contrary to the evidence presented at trial, the party that was disadvantaged by the nullification may decide to file a motion for a new trial based on juror misconduct.

Summary: the party sought to set aside the award alleging, among other grounds, that by disregarding evidence presented by the party when interpreting the contract, the tribunal had exceeded its...

The court rejected the school district's argument, explaining that the district failed to present any evidence indicating that the wrong party was served.

[22] A party challenging the presumption must present «cogent evidence to displace the presumption.»

(13) A mediator - arbitrator appointed under this section shall determine the mediator - arbitrator's own procedure but shall give full opportunity to the parties to present their evidence and make their submissions, and section 116 applies to the mediator - arbitrator and the mediator - arbitrator's decision and proceedings as if it were the Board.

The parties can try to resolve the case before trial by submitting to mediation where a neutral party, usually an attorney, listens to the evidence presented by both sides, asks each to consider their weak and strong points, and sees if middle ground can be reached.

Or it may be when the RTDRS has failed to give either a landlord or a tenant «an opportunity to present evidence, submit arguments and question the other parties» (at para 53).

A non-binding process is helpful in that a mini-trial can be held with an arbitrator ruling on the evidence presented and issuing an award or non-award, which either party may reject and proceed to trial.

The defendants did not know that in order to present evidence in a way that will be considered by a judge, a party must do so either by testifying themselves in court, or call witnesses to do the same.

If the court determines that a provision is ambiguous, then the parties can present extrinsic evidence to support their interpretation and the court decides based on the balance of probability, sometimes deciding ambiguity against the drafter or party with the stronger negotiating position as a rule.

When your personal injury case goes to trial, we will present a strong argument supported by evidence and witnesses that demonstrates the other party's negligence and why you deserve financial compensation.

An arbitration hearing often mirrors what you would expect to find in court: both sides present their arguments, offer evidence and testimony, and make their case in front of a neutral third party.

Our Delray Beach personal injury lawyers at the Law Offices of Aronberg, Aronberg & Green know that juries often time allocate liability to various parties in personal injury cases, consistent with the evidence presented to then.

The parties will then present a Closing Argument summarizing the evidence presented, apply the facts of the case to the applicable law, and argue why their position should be adopted as the orders of the court.

The Chairman of the Tribunal also had regard [95] to the underlying rationale of fairness that underpins litigation privilege, finding that a fair procedure included the right of Tesco to present its case and to gather evidence and that, as a corollary, litigation privilege applied to the relevant contacts with third - party witnesses.

Even if the dollar amount requested is realistic in light of the injury and damages, if there is no adequate evidence of it presented by the injured party to the insurance company, it is unlikely that the insurance company will pay a «fair» amount.

It involves presenting the parties» positions and evidence to a third - party neutral decision - maker, the arbitrator.

Whatever the scenario, adequate evidence must be presented that in an effort to expose the negligent party and accurately convey the level of suffering or loss brought about by the event in order to justify the highest level of financial compensation.

The Supreme Court rejected the arguments put forward by Ms Michael's family that the police owe a duty of care in negligence where: (i) they are aware or ought reasonably to be aware of a threat to the life or physical safety of an identifiable person, or member of an identifiable small group («Interveners» Liability Principle»); or alternatively, (ii) a member of the public gives the police apparently credible evidence that a third party, whose identity and whereabouts are known, presents a specific and imminent threat to his life or physical safety («Lord Bingham's Liability Principle»).

Since in references for a preliminary ruling the determinations of national courts will generally be accepted by the CJEU, and a request to intervene in a preliminary ruling procedure to submit observations on third country law is not possible, there is a risk that a judgment in such a case could be based on an insufficient evaluation of third country law, such as when the evidence concerning such law is uncontested and is presented only by a single party.

The ultimate requirement for experts under Part 35 and 25 Civil Procedure Rule and other such protocols, and indeed the RICS guidance to surveyors acting as expert witnesses, is to maintain an expert's ultimate duty to the Court in preparing and presenting evidence, and obviously not to their instructing parties.

Because the judge must also be fair to the other party, to the witnesses who are being asked to give evidence and to the needs of other people's court proceedings, the judge may have to limit the time you have to present your evidence or to explain why you want the result you are hoping to get.

The parties describe the evidence they would present at trial.

It could not have been the intention of the rule makers that a party should be entitled to pre-action disclosure where there was no prospect of being able to establish a viable claim, but this was a matter for the court to assess on the evidence presented by the claimant in making the pre-action disclosure application.