Sentences with phrase «rather than trial»

It is for this reason that in nominally non-adversarial litigation such as child care proceedings and, increasingly, in personal injury litigation — where settlement rather than trial is now the norm — joint or agreed instructions are given to the expert.

Some day, perhaps, rather than trial binders or electronic casebooks with the full text of decisions we will provide authorities in a list of hyperlinks.

I suppose if the «appeal» went only to whether there would be summary judgment rather than a trial based on the law as found by the court, then the whole SCC said «no summary judgment».

And it doesn't matter whether the reviewing court rather than the trial court makes this finding.The crux of the decision lies in the fact that «the State failed to prove its case as a matter of law, not merely because [the judge], as a 13th juror, would have decided it differently from the other 12 jurors.»

Members of the public will be looking to different dispute resolution processes rather than trial.

The decision is significant as it highlights the uncertainty solicitors face in trying to gauge the Court's interpretation of the Succession Law Reform Act, underscoring why mediation rather than trial is often the preferred route to settle estate litigation matters.

Nothing in the Constitution requires that assessment of fault in a civil case tried in a state court be made by a jury, nor is there any prohibition against such a finding being made in the first instance by an appellate, rather than a trial, court.

«Bet - the - company» work has dropped by 50 % due to more aggressive settlement strategies from corporate counsel who are placing more focus on case elimination, rather than trial.

Our timelines should be a reflection of the truth we espouse rather than the trials we endure.

However, as Justice Saxe points out, due to increased case loads, even these clients won't be satisfied in court because trial judges are increasingly focused on encouraging compromise rather than trials.

Not exact matches

By all accounts, this was a bizarre trial, with the defense rather than the prosecution clamoring to bring in more alleged victims.

In the company blog, Telsa referred to Organ as having «a long track record of extorting money for meritless claims» and said that the company «would rather spend more on a trial and clear its name than settle with the plaintiff.»

There are several drugs to treat ALS currently in clinical trials and we are hopeful that people living with ALS have even more therapies available to them sooner rather than later.»

First, the topline numbers: The study was an observational one rather than a randomized control trial, the latter of which is considered to be the «gold standard» of clinical studies.

likely to want to keep to their schedules and leave an area rather than stick around to file police reports, ID perps, or testify at hearings or trials.

«In Rio we had a conversion rate of about 30 per cent in terms of the number of swimmers that swum their best times there rather than at the trials.

You might even consider extending it in chunks rather than committing to an open ended term after your trial 3 months.

Roark is clearly, however, repudiating the claims of parasites; he is on trial for destroying his own work rather than allowing it to be taken over and disfigured by them.

Though we do not see how our actions might affect the future, though we may not receive our inheritance right now, though we might go through persecution and trials and nakedness and danger and sword, if we just put our faith in God, as we keep our eyes on Jesus, «Keep the Son in our eyes,» as we, like Peter, keep our eyes on Jesus rather than on the rolling waves around us, we will walk by faith.

Even when on trial for his life, he attempted to use the occasion to bring the Athenians to the truth rather than employing the rhetorical devices by which he could play on their sympathy.

The biology teacher, Scopes, whose trial for teaching evolution played so dramatic a role, was an active Methodist supported by fellow church members rather than an anti-Christian scientist.

Rather than recall the congregation's heroic tales of trial and success, we focused on their antonyms, avoidance and failure.

Trial # 3: I changed routes and decided to make Red Velvet Brownies rather than cake.

Of course it does, but what worries me is the extent to which people believe we should be investing... It's not ideal but I'm quite content with Wenger's strategy, finding that one player — your Ozil or Sanchez — rather than what United or City are doing having a constant # 150 million «trial and error» transfer fund, whereby if it doesn't work, who gives a crap they'll do it all over again next window.

The trial will last a week, though it is believed that it will be more to prepare them for next season's MLS campaign rather than for Liverpool's benefit.

Pacing strategy in simulated cycle time - trials is based on perceived rather than actual distance.

Spurs then backtracked and asked Dembele to travel to London at his own expense for a one - week trial, while they suggested he would train with the under - 18 squad rather than the under - 21s.

He'd explained how only small amounts of a drug pass into your breast milk, and how it's cheaper for drug companies to say, «Don't take while breastfeeding» rather than do trials to prove the drugs are compatible with breastfeeding.

Much of the evidence against BPA comes from large population studies rather than controlled clinical trials.

Rather than guessing and relying on trial and error if our son was upset, we could hear the early cues for when he was hungry, gassy, tired, or uncomfortable.

«It is crucial that we have more randomized controlled trials on interventions to increase breastfeeding rather than relying on heavily confounded observational studies or biased expert opinion.»

While I did end up with both, it was because of trial and error rather than careful planning

Because the trial found no differences in the effect of type of care on any primary clinical outcome, the economic analysis compares only the costs of care rather than their cost - effectiveness.

We excluded a further 13 trials as the intervention was not designed to support continued breastfeeding; these studies examined more general interventions in the postnatal period (Ball 2011; Barlow 2006; Barnet 2002; Black 2001; Gagnon 1997; MacArthur 2002; Peterson 2002; Pollard 2011; Ratner 1999; Rush 1991; Serrano 2010; Thomson 2009; Wiggins 2005); a further trial by Baqui 2008 focused on breastfeeding initiation only, rather than on postnatal support to encourage continuation.

A further two papers were reviews rather than reports of a randomised controlled trials (Guise 2003; Lewin 2005).

He noted that the suspects should have been tried in the State rather than being transferred to the federal capital and expressed hope that the investigation and trial will not be hijacked for political purposes.

TechPresident reports that the Obama campaign tested their new «Dashboard» system to let volunteers from around the country make calls into Wisconsin, the AFL - CIO has trialed software that matches voter lists with volunteers» Facebook friends to let them call targets that they actually know rather than total strangers, and the Walker campaign combined VoIP with digital voter files to automate the connection between identification calls and data entry.

Over 50 immigration detainees — people who have committed no crime and had no trial — are held in the prison rather than in immigration detention centres.

As it happened, however, the government didn't proceed to trial, because Miller was unable to fight off criminals using only a pistol (rather than, e.g., the shotgun for which the government had sought to prosecute him) and was consequently dead.

The proposal would let military prosecutors — rather than commanders — decide whether to bring serious military crimes to trial.

At Silver's trial jurors were told they could convict based on «any action under color of official authority» by Silver, but the 2d Circuit said the Supreme Court ruling required a «formal exercise of government power,» rather than lesser acts like just making a phone call or having a meeting.

Sharpton criticized the length of time that each grand jury has been working without a decision and what he termed grand jury roles that «appear to be improperly expanded to where it is about trying to prove or disprove the accused rather than to see if there's probable cause to go to trial».

The Mirror questions whether «chicken» Cameron might have preferred accepting a head - to - head debate with Miliband rather than the «trial by TV» he and the other leaders got at the hands of «angry voters».

Trial and jury consultant Marshall Hennington said one reason personal - injury lawyers do so well in The Bronx is because «disenfranchised» jurors often make decisions based on emotions rather than evidence.

«Because of the pride on how we tackled terrorism and defeated Boko Haram terrorists through our gallant troops and partners in the twilight of the previous administration, which is the reason I have insisted on open and public trial of my stewardship rather than secret trial in the court as being canvassed by my prosecutors.»

«Here, because it is undisputed that the RFPs and contracts at issue were separate, this court should dismiss this case now rather than waste judicial resources on a trial,» Miller wrote the judge last Tuesday.

«Because of the pride on how we tackled terrorism and defeated Boko Haram terrorists through our gallant troops and partners in the twilight of the previous administration, that is the reason I have insisted on open and public trial of my stewardship rather than secret trial in the court as being canvassed by my prosecutors.»

Some of the grounds the Federal Government is seeking the revocation of Kanu's bail are that; the offence for which he is standing trial is not ordinarily bailable; that among other conditions for the bail of the 1st defendant is that he should not be seen in a crowd exceeding 10 people; that he should not grant any interviews, hold or attend any rallies; that he should file in court medical updates of his health status every month; that rather than observing all of the conditions listed above, the 1st defendant in flagrant disobedience to the court order flouted all conditions of the bail.

Cuomo said he wants «freedom before trial» to be the rule, rather than the exception.

«Anyone who has a case against any man of God should swear an oath, proceed to the law court and face the rigours, rather than engage in media trial and character assassination, which have become the hallmark of this administration.»