Sentences with phrase «relevant facts and evidence»

If you take a view contrary to the poll's suggested opinion, then you will be the one put on the defensive — even if your opinion is based on a weighing of relevant facts and evidence.

Not exact matches

To pile on the ironies, Le Rider carefully demonstrates through a minute examination of the relevant evidence that the real Vienna was in fact nothing like the city that her artists and theorizers felt they were living in.

Regarding evolution the fact (Primewonk's definition) and evolution the scientific theory (the well - tested and validated explanation for extant and extinct biodiversity stemming from physical evidence from every relevant scientific discipline), they stand on their own evidence regardless of how exactly the first replicators appeared.

Evolution the the scientific theory uses this fact and empirical physical evidence from every relevant scientific discipline to explain extant and extinct biodiversity.

If such talk is construed objectively, as asserting that God is in some way the object of human experience, the fact that «God» must be understood to express a nonempirical concept means that no empirical evidence can possibly be relevant to the question of whether the concept applies and that, therefore, God must be experienced directly rather than merely indirectly through first experiencing something else.

In fact, most if not all of the relevant evidence, as the previous example illustrated, counts against the idea that physics can in principle provide a complete account of the physical world, especially given the existence of human and other animals in it.

But New York State Supreme Court Justice William Ford found Lake «has failed to sustain his burden of demonstrating how the court has misapprehended or overlooked key, material or relevant points of law or facts and evidence,» according to the decision filed earlier this month.

Regardless of the type of legal proceeding or which side uses scientific evidence, the forensic scientist must be able to write a report and testify under oath about: what facts or items of evidence were analyzed or tested; what tests or analyses were used; how valid or reliable those tests or analyses have been found to be by other courts; why and how the forensic scientist was qualified to conduct those tests or analyses; and, what the results of the tests or analyses were and how those results are relevant to the issues in dispute.

Worsening the odds is the fact that not one of them has relevant credentials, and each one has been caught red handed grossly misrepresenting evidence (Eisenhower?

Learn what the research says about how to develop expertise in this genre of writing — building an understanding of (persuasive) schema; developing stronger writing prompts for the 3 argument types (fact - based, judgment - based, policy - based); and teaching students how to find and use the most relevant evidence (text, data, etc.) needed to support each argument / opinion type.

That expectation in the assessment is aligned with the Standards; the writing standards ask students to be able to «develop the topic with relevant, well - chosen facts... concrete details, quotations»; the reading standards ask students to «delineate and evaluate the argument and specific claims in a text, assessing whether the reasoning is sound and the evidence is relevant....»

We show four relevant empirical facts: i) the striking ability of the logarithmic averaged earning over price ratio to predict returns of the index, with an R squared which increases with the time horizon, ii) how this evidence increases switching from returns to gross returns, iii) moving over different time horizons, the regression coefficients are constant in a statistically robust way, and iv) the poorness of the prediction when the precursor is adjusted with long term interest rate.

Umm... there is, in fact, a vast preponderance of evidence indicating CO2 contributes substantially to global warming, and there is almost universal consensus on ths among those with relevant education (and those willingness to reconsider personal dogmas based on fear when confronted with undeniable evidence).

«After careful consideration of all the evidence and relevant materials, the inquiry committee finding is that there exists no credible evidence that Dr. Mann had ever engaged in, or participated in, directly or indirectly, any actions with intent to delete, conceal or otherwise destroy emails» I find the phrase «There exists no credible evidence» to be a statement of fact.

For me the most convincing piece of evidence that global warming has been contributing already to more and more intense weather related natural catastrophes is the fact that while we find a steep increase in the number of loss relevant weather events (about tripling in the last 30 years) we only find a slight increase in geophysical (earthquake, volcano, tsunami) events, which should not be affected by global warming.

In this separate trial they wouldn't be able to use the fact that you pleaded guilty to theft of trade secrets since it wouldn't be relevant and your previous bad acts can't generally be used as evidence against you.

Our lawyers craft highly - detailed demand letters that lay out clearly the different issues and facts related to your case alongside the relevant evidence, medical records, and any additional information that may be salient to getting you your car accident settlement.

[12] Accordingly the question was «whether a reasonable person would conclude that the alleged deficiency, taking into account all relevant circumstances, is evidence that the decision - making process was fundamentally unfair, in the sense that the judge did not put her mind to the facts, the arguments and the issues, and decide them impartially and independently.»

For this purpose, the judicial authority must be in the position to take into consideration three sets of material: the facts and the evidence adduced by the administrative authority, the observations on behalf of the third - country national and any other element that is relevant.

Each accident event is unique in its own right, and it is imperative for victims to find an injury attorney who is ready and willing to seek out all relevant evidence, reconstruct the facts and marshal persuasive legal arguments designed to capture every available dollar of compensation.

Yet fairness to the participants in the administrative process surely suggests they should be able to make submissions in full light of the considerations the decision - maker will take into account; all relevant evidence and interpretive positions should be on the record in the proceeding (however informal), not magicked up after the fact.

Although this appeal does not raise only issues of credibility, I agree with the majority of the Court of Appeal that the trial judge's decision was reasonable, was supported by the evidence and that he had committed no error in the application of the relevant law to the facts.

We will carefully investigate the facts and circumstances of your accident, gathering and preserving all relevant evidence.

The fact that they got a search warrant means that they were able to satisfy a judge that there was probable cause to believe a crime was committed and the search would yield relevant evidence.

In Kennedy v Cordia the court started from three fundamental common law principles (paras [39] to [41]-RRB-: first, that «[39] Skilled witnesses, unlike other witnesses, can give evidence of their opinions to assist the court»; second, that experts can give evidence of fact relevant to a fact in issues; and, third, that experts can give evidence based on their own experience and on the work of others in their field.

(4) the consequences of more laws based upon technology; and the fact that almost every electronic communication, interaction, and service automatically creates a record that is potentially evidence and relevant to some legal service.

Evidence supporting an alleged delay can be introduced through filing transcripts from previous court appearances, affidavits from the accused and / or other individuals with relevant information, or through an agreed statement of facts.

An experienced injury lawyer will make sure to gather all of the relevant facts that prove your case — such as independent witness statements, photographs of the scene, surveillance videos, and other physical evidence.

The Tribunal had been entitled to regard the fact that the dismissal decision was taken by a different person, unconnected to the earlier treatment, as a highly relevant factor and one that was given appropriate weight in the context of all the other evidence.

The next steps usually include a very detailed presentation of the facts and evidence by the claimant (including written witness / expert statements and all relevant documentation).

This note reviews one example of such a challenge, with respect to the use of evidence from Facebook and the reliance on Wikipedia to inform the tribunal of relevant facts.

Our ability to get results is based on our thorough understanding of the relevant laws, our dedication to getting all the facts and evidence correct, and our working relationship with many professionals, such as engineers, product safety experts, and accountants.

An attorney from our staff would be happy to review all of the facts surrounding your breath sample, including the procedures and evidence relevant to your BAC results, and to plot a course for avoiding admission of the readings as proof of intoxication against you.

In any subsequent civil proceedings, the fact of a conviction will be admissible in evidence for the purpose of proving, where relevant, that the convicted person committed the offence, and the information, complaint, indictment or charge - sheet on which the person in question was convicted are admissible for the purpose of identifying the facts on which the conviction is based.

The trial court must first determine whether the proffered expert testimony is relevant, that is, whether it has any tendency to make a fact more or less probable than it would be without the evidence; and whether the fact is of consequence in determining the action.

This reflects the fact that such witnesses may be capable of giving useful, relevant and reliable evidence.

the Court held that while: «practice guidelines» may be generally respected and therefore relevant considerations in the Court's assessment of the standard of care, they are not intended to, and do not determine the legal standard of care that the Court will impose on a medical professional, especially where there is expert opinion evidence on the standard of care with reference to the facts of the particular case.

This jurisprudence, not coincidentally, is also largely characterized by judicial unwillingness to engage with relevant facts and social science evidence.

For example, «Preparing for a Family Court Trial in Provincial Court» provides helpful information on Evidence at a Family Court Trial, and what facts can be relevant for your trial depending on what type of Application you are making.

The duty of preservation is a foundational concept in our legal system that grows out of the common law concept of spoliation, which is more than 200 years old: if courts exist to make determinations about disputed facts, and if the trier of fact must make those determinations using the available evidence, then no litigant should be allowed to gain advantage in those determinations by destroying relevant evidence before the trier of fact can consider it.

The Court of Appeal was careful not to conclusively weigh in on any substantive outcome — «A proper understanding of Precision's conduct is not possible until the trier of fact has made findings of fact on the relevant issues» (see para. 46) and that, with respect to the effect of the exclusion clause, a «trial judge would be in the best position to assess whether the evidence with respect to the allegations of fraud would warrant the intervention of public policy in this matter».

[54] Given the intention of parties to this type of insurance coverage, which is to compensate the insured person injured as a result of an incident involving an unidentified automobile, it seems unreasonable to enforce a term of the contract that demands physical contact between the insured motor vehicle and the unidentified automobile, notwithstanding the existence of physical evidence corroborating the fact that the relevant incident occurred as a result of the insured's defensive driving action directed at avoiding physical contact with another vehicle.

The case highlights the fact that parties and their advisers must ensure that all relevant evidence is placed before the tribunal at the initial hearing as they can not rely on having a «second bite at the cherry».

This difficulty is compounded by the fact that traditional laws and customs are transmitted orally from generation to generation, so evidence of these may be restricted or inadmissible under the hearsay rule.137 This is an issue that has been identified by the Australian Law Reform Commission in its Review of the Uniform Evidence Act 1995.138 The Commission proposes that the uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of thisevidence of these may be restricted or inadmissible under the hearsay rule.137 This is an issue that has been identified by the Australian Law Reform Commission in its Review of the Uniform Evidence Act 1995.138 The Commission proposes that the uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of thisEvidence Act 1995.138 The Commission proposes that the uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of thisEvidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of thisevidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of thisevidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of thisevidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this review.

The point is well made but in addition... there is the more fundamental requirement that in arriving at its findings of fact the Court may have regard only to evidence which is relevant, probative and cogent...