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

The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a 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.

A very small minority of states allow for reimbursement of fees upon an acquittal, but even then, it is often necessary to prove by a preponderance of the evidence that you were actually innocent, so a dismissal on procedural grounds or an acquittal at a criminal trial where the prosecution must show beyond a reasonable doubt that you are guilty, is not sufficient to show that it is more likely than not that you are innocent.

The burden is on Mr. Caswell to prove by a preponderance of the evidence that the allegedly libelous statement is, in fact, false.

Like other tort claims, medical malpractice lawsuits consist of four main points the plaintiff must prove by a preponderance of the evidence to be successful.

Generally, this means that you must prove by a preponderance of the evidence that the defendant failed to act the way a reasonably careful person or entity would have acted in the same situation.

Once granted a hearing, the noncustodial parent must prove by a preponderance of the evidence that removal is not in the best interests of the child.

Where a prosecutor pursues such an action, a hearing must be held, and the prosecutor must prove by a preponderance of the evidence (a far less standard than «beyond a reasonable doubt») that animal cruelty has occurred.

When there is a lawsuit for negligence in a personal injury case, the plaintiff is responsible for proving by a preponderance of the evidence that the defendant breached their duty of care.

People hurt in a car accident must prove by a preponderance of the evidence that the defendant owed a duty of care, breached the duty, caused the accident as a result of the breach, and forced the plaintiff to incur damages.

The Court stated: «the party seeking to alter the status quo from the surname jointly given to the children at birth must bear the burden of proving by a preponderance of the evidence that the change in the children's surname is in their best interests.»

If a prospective adoptive parent objects to the child's removal from the home, the Agency must prove by a preponderance of the evidence that removal from the prospective adoptive parent is in the child's best interests... [T] he juvenile court determines whether the proposed removal of the child from the home is in the child's best interests, and the child may not be removed from the home unless the court makes that finding.»

(f) Visitation or co-parenting obligations shall be terminated if a pattern of failing to meet such obligations is proven by a preponderance of the evidence, unless the absent parent can offer good cause to believe that such omissions were the result of circumstances beyond the parent's control.

Not exact matches

Take the money away from the public schools where children will be taught real science and that a «theory» is very close to a proven fact because it is supported by the preponderance of the evidence.

Citing two earlier cases that forced changes in state laws regarding students» rights to quality education through money spent and time of instruction provided, as well as evidence in Vergara, he said the plaintiffs «have proven, by a preponderance of the evidence, that the Challenged Statutes impose a real and appreciable impact on students» fundamental to quality of education and that they impose a disproportionate burden on poor and minority students.»

The Brunner test requires a debtor to prove three elements by a preponderance of evidence:

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

In civil cases, plaintiffs must be able to prove their case by a preponderance of the evidence.

Under Illinois law, you have to prove your case by what's known as a preponderance of the evidence, or basically that it's more likely than not that you were harmed because of the defect.

In a personal injury case in Colorado, the burden of proof that a plaintiff carries to prove causation is proof by preponderance of the evidence, which essentially means that the plaintiff must prove that it is more likely than not that their injuries were caused by the actions of the defendant.

Subsequently, many courts have interpreted Wyeth as affirmatively holding both that the burden in such a case is on the defendant to prove the FDA would have rejected the warning advocated by the plaintiff, and that the standard by which this must be shown is an «exacting» one beyond the normal preponderance - of - the - evidence standard.

Plaintiffs have the burden of proving their toxic tort case by a preponderance of the evidence.

In addition to the instructions regarding the burden of proof the patient has in proving all aspects of the case by a preponderance of the evidence, the jury in a medical malpractice case is usually instructed with several other general statements of the law.

Your attorney will strive to prove you are in danger from the offender by a preponderance of the evidence and that a protection order is necessary.

In civil lawsuits, you must be able to prove your case by a preponderance of the evidence.

The plaintiff must be able to prove their argument by a preponderance of the evidence.

My understanding is that defendants in Britain have to prove statements true by the preponderance of evidence, whereas in the U.S. the standard of evidence is «compelling» (a lower standard).

In order to be successful, a victim will be required to prove their claim by a preponderance of the evidence.

In an inter partes review instituted under this chapter, the petitioner shall have the burden of proving a proposition of unpatentability by a preponderance of the evidence.

While a criminal prosecutor must prove guilt beyond a reasonable doubt, the victim in a civil proceeding can prevail by proving a preponderance of the evidence that a sexual assault occurred — a much easier standard to meet.

In a civil case, one must prove his case 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.

The Federal Circuit granted en banc review to consider whether that requirement was at odds with § 316 (e) and the AIA's requirement that petitioners bear the overall burden of proving unpatentability during IPR proceedings by a preponderance of the evidence:

If the burden of proof established in paragraph IV is met, the burden shifts to the non-custodial parent to prove, by a preponderance of the evidence, that the proposed relocation is not in the best interest of the child.

Proving a proposition by a preponderance of the evidence requires demonstrating that the proposition is more likely true than not true.

In a personal injury lawsuit, the plaintiff (or his or her lawyer) must prove his or her 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.»

Custodial parent seeking permission to relocate bears the initial burden of demonstrating, by a preponderance of the evidence, that the relocation is for a legitimate purpose and the proposed location is reasonable in light of that purpose; once the custodial parent has made such a prima facie showing, the burden shifts to the noncustodial parent to prove, by a preponderance of the evidence, that the relocation would not be in the best interests of the child.

In other cases, it may be much more difficult to prove that the defendant breached the duty of care by a preponderance of the evidence.

In a civil case, the plaintiffs must prove their claims by a preponderance of the evidence.

If the victim proves a defect or a failure to warn by a preponderance of the evidence, the manufacturer is automatically liable for both economic damages, such as medical bills, and noneconomic damages, such as loss of enjoyment in life.

The worker would have the burden of proving all four elements of negligence (duty, breach of duty, causation, and damages) by a preponderance of the evidence.

In Connecticut, the plaintiff bringing the case bears the burden of proving lost profit damages by a preponderance of the evidence.

Presenting Your Evidence at Trial In, the plaintiff, or the person bringing a claim of medical malpractice has the burden of proving every element of the case by a preponderance of the eEvidence at Trial In, the plaintiff, or the person bringing a claim of medical malpractice has the burden of proving every element of the case by a preponderance of the evidenceevidence.

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

In automobile accident cases, the plaintiff, or the person bringing the claim has the burden of proving every element of the case by a preponderance of the evidence.

In all injury and wrongful death cases in Georgia, the Plaintiff must prove that the injury was caused by negligence by a preponderance of the evidence.

In addition to the instructions regarding the burden of proof the plaintiff has in proving all aspects of the case by a preponderance of the evidence, the jury in an automobile accident case is usually instructed with several other general statements of the law.

In an automobile accident case, the plaintiff has the burden of proving his case by a preponderance of the evidence.

In personal injury lawsuits, your burden is to prove your case by a preponderance of the evidence, which just means that it was more likely than not that the other person caused your injuries or damages.