Sentences with phrase «principle of admissibility»

Not exact matches

amending the Convention to include the principles of subsidiarity and the margin of appreciation; amending the Convention to tighten the admissibility criteria - so that trivial cases can be thrown out and the focus of the Court can be serious abuses; reducing the time limit for claims from six months to four improving the selection process for judges; setting out a roadmap for further reform.

Consequently, the admissibility of all expert testimony is governed by the principles of Rule 104 (a).

However, the Principles are not intended to place significant focus on records management (RM) or the importance or desirability of appropriate RM practices so as to be properly prepared for litigation, or on issues related to the integrity of information systems under Evidence Acts, or on the substantive law related to the admissibility of electronic records into evidence.

See these articles (pdf): (1) «Admissibility of Electronic Records Requires Proof of Records Management System Integrity»; (2) «The Sedona Canada Principles are Very Inadequate on Records Management and for Electronic Discovery»; (3) «A Legal Opinion is Necessary for Electronic Records Management Systems»; (4) «Electronic Records as Evidence»; and, (5) «Solving the High Cost of the «Review» Stage of Electronic Discovery».

The admissibility of expert opinion evidence is a noted exception to the principle that opinions are generally not admissible (at para 21).

Paonessa and Paquette, [1982] O.J. No. 3209 (C.A.): 1 JESSUP J.A.: — This appeal raises the question of the admissibility of evidence given by an accused at a show cause bail hearing...... 20 In my view, the same principle should govern here.

The Senate and House of Commons should review and revise their respective amendment admissibility rules to allow committees to debate and vote on amendments that address Charter concerns regardless of whether they go beyond the «scope and principle» of a bill.

Instead, first principles governing admissibility of evidence properly balance the competing interests.

(iv) In reaching these conclusions, the court was applying the principle established by Hanson that it will not interfere with a ruling as to admissibility of evidence of a defendant's bad character unless the judge's judgment as to the capacity of prior events to establish propensity is plainly wrong or discretion has been exercised unreasonably in the Wednesbury sense.

It contains an up - to - the - minute, detailed consideration of the governing legal principles of: Mareva injunctions; fraudulent preferences; the admissibility of subjective intent and drafts in interpreting releases; and the test for summary judgment.

In contrast to the categorical option, the principled approach leans more heavily on the trial judge's discretion: it trusts him or her to apply generalized principles, parse hearsay dangers for individual pieces of evidence, evaluate constitutional implications, and make decisions about admissibility without detailed instructions from above.