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

Such presumption may be rebutted by a preponderance of the evidence that such custody award is in the best interests of the child.

For example, in California, a court finding of domestic violence within the past five years also creates a presumption against joint or sole custody by the perpetrator that can only be rebutted by a preponderance of the evidence.

Not exact matches

In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.

The burden of proof is on the party or parties seeking to rebut the presumption and must do so by a preponderance of the evidence.