Sentences with phrase «presented at trial»

Rather, the outcome of trials depends entirely upon what the judge or jury believes, based on the evidence presented at trial, to have happened at the relevant time.

Dr. Korpach presented at trial as a careful and responsive professional witness....

The test from 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., requires consideration of whether the new evidence, if presented at trial, would probably have changed the result and also whether the evidence could have been obtained before trial by exercise of reasonable diligence.

No evidence was presented at trial that could have permitted the jury to reach the result that it did (This kind of reversal of a jury verdict on appeal or by the judge after a trial, is fairly common.).

Jury nullification in the broader (and less common) sense of the phrase used in this question, refers to cases where the jury actually ignored the law as applied to what the jury believed actually happened from a factual perspective in light of their actual knowledge and not just what was presented at trial.

Even more remarkably, the Court also ignores the injunction in Bedford that appellate courts are not to re-assess «social and legislative evidence», [49] including expert evidence, presented at trial.

These motions may request the court to dismiss the entire lawsuit, dismiss a claim or party, or limit the evidence to be presented at trial.

Finally, when we create graphics for mock jury exercises, we are testing case themes and helping the client decide which ones will be presented at trial.

Texas Moratorium Network, which filed a judicial complaint against Sharon Keller in November 2007, has monitored the trial of Sharon Keller and finds the evidence presented at trial supports the severest sanctions against Keller — her removal from office for violating the Execution - Day Procedures of her court and for casting discredit on the Texas judiciary.

This will generally mean people who had an alibi for the time of the crime, whether it was presented at trial or not.

In confirming the decision of the Motions Judge, the Court of Appeal described the test from Sagaz as a dual inquiry as to whether the new evidence, if presented at trial, would probably have changed the result, and whether the evidence could have been obtained before trial by the exercise of reasonable diligence.

A self - represented litigant must remember that a Judge will make his / her decision based solely on the facts and supporting evidence presented at trial.

If a satisfacion survey is used to evaluate how well the firm met a client's needs in terms of technology, the client and attorney should have all ready agreed on the technology to be used on their case, e.g. to exchange cell phone numbers, be updated via Basecamp, and have a Power Point Presentation presented at the trial.

On the other side of the scale is the totality of the evidence presented at trial by the defendant.

After the trial, the totality of the evidence presented at trial by the plaintiff rests on one side of the scale.

It valued the fishing boat it awarded to Husband at $ 450,000 despite what Husband contended was «overwhelming evidence presented at trial [that] demonstrated its value was $ 100,000.»

When presented at trial, they maximize the impact of evidence by presenting juries with facts in a format that is familiar to them and is easy to understand and retain.

The Florida appellate court ruled that these amounts were grossly inadequate given the evidence presented at trial.

Others suggest that the filmmakers deliberately ignored compelling evidence presented at trial pointing to Avery's guilt.

Ultimately, the court explained that there was enough evidence presented at trial for the jury to find that there was a duty of care owed by the employer to the passing motorist.

You also need to think about how the evidence is likely to be presented at trial.

● how scientific evidence fits within a prosecution or defence case and how decisions made during investigations impact upon evidence which may be presented at trial.

An accused is entitled to have his or her evidence heard in full and assessed in conjunction with all of the other evidence presented at the trial and in the light of the submissions of counsel.

[Trial judge properly certified as a class, pursuant to G.L. c. 93A, a group of smokers who had purchased Marlboro Lights where the facts to be presented at trial were common to all class members, and where no individual matters of damages would be considered in the case.]

«A judge may only rely upon the evidence presented at trial, except where judicial notice may be taken,» stated Justice Mary Saunders.

The Court of Appeal declined to decide if there are any occasions when a trial judge can go beyond the evidence presented at trial.

The deputy judge had already found that the evidence presented at trial was insufficient to establish either causation or actual damages in her assessment of the Respondent's claim for mental distress.

The only medical evidence presented at trial was a report from Mr. Akbari's family doctor, dated June 2, 2011.

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.

No matter what type of trial or what amount of evidence is presented at trial, jurors are never satisfied with the amount of evidence that they must rely upon to make a decision.

In fact France was not spared Nazi horrors as the Vichy Govt implemented Nazi policy and the substantial evidence presented at his trial found him guilty.

In a ruling on Wednesday, federal judge Jed Rakoff deemed the award ««intrinsically excessive» and unsupported by the evidence presented at trial.»

We believe it goes against the great weight of facts presented at trial and the applicable law.»

Kane's 2013 analysis, which was presented at the trial (pdf), looked at several years of data as teachers moved between schools and found that Chetty's model could accurately identify ineffective teachers and the impact they had on their students» test scores.

Students Matter's policy recommendations were developed using the overwhelming evidence presented at trial, through conversations with policy experts, superintendents, teachers and parents on the ground, as well as by surveying the successful teacher employment laws already implemented in other states.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement said.

Evidence presented at trial has shown that Aiello contacted Howe about issues his son was having with Ball, and Howe in turn reached out to Percoco.

According to testimony and evidence presented at the trial, $ 125,000 in campaign contributions were directed by an outside lobbyist, working with a company seeking to do business with the state, to the governor's re-election campaign through a network of limited liability companies.

According to testimony and evidence presented at the trial, an outside lobbyist regularly communicated with top Administration officials through their private email accounts.

According to testimony and evidence presented at the trial, the aide was allowed to have an outside consulting business while running the campaign and, apparently was still deeply involved in government decision - making.

Dozens of emails presented at trial over the last five weeks show conversations between former top governor's aide Joseph Percoco and Syracuse developers Steven Aiello and Joseph Gerardi.

Evidence presented at trial included emails pertaining to deal - making that would financially benefit the son and keep his powerful father happy.

«As to whether she made false statements,» Carman went on, evidence presented at trial is «legally insufficient.»

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement reads, in part.

His longtime colleague, Acting U.S. Attorney Joon Kim, said that «the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard.»

«The Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» the former prosecutor wrote in a statement.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard.»

Both sides in the trial are only going to get 10 hours each to present their evidence and witnesses, so they need to carefully plan what will actually be presented at the trial.

There's a whole process that's set up to ensure that the jury that finally gets impaneled is an objective group of people with no connection with anything going on in the case that might persuade them to cast a decision that's inconsistent with the evidence that's presented at the trial.

For instance, we were once in a proceeding in which the judge made a ruling on evidence presented at trial by opposing counsel that was going to fundamentally change the outcome of the case.