Sentences with phrase «relied upon evidence»

«Sir, I would rely on the Union of Concerned Scientists and I would rely upon the evidence, again from our own NOAA officials, the data are there,» Mair replied.

«A judge may only rely upon the evidence presented at trial, except where judicial notice may be taken,» stated Justice Mary Saunders.

The claimant was slow to react to this prompt and only applied for permission to rely upon evidence on local standards six months later.

If evidence is not available until after the presumptive period within which claims should be addressed, s. 101 ought not to preclude ICBC from relying upon any evidence available at trial, and should not limit the evidence that either party can lead at the hearing.

Not exact matches

«Because Congress did not have a «strong basis of evidence» upon which to conclude that DoD was a passive participant in pervasive, nationwide racial discrimination — at least not on the evidence produced by DoD and relied on by the district court in this case — the statute fails strict scrutiny,» the decision stated.

Einstein, Heisenberg and Dirac proved that the nature of reality is, in many cases, illogical, and non-intuitive, thus the ONLY thing that can be relied upon is EVIDENCE.

Besides these methods for interrogating the text to yield up indications of its probable development, we do have some external evidence to rely upon, meager and disappointing as it may be.

Whether we rely upon «hard» poll data, or sales figures of books and periodicals, or an endless stream of anecdotal evidence, Darbyite premillennialism proves to be one of the most resilient and widely held belief systems that has ever gripped the American imagination.

That's only useful when you need to rely upon talking people into seeing your point of view, and people with evidence on their side really shouldn't have to do that.

The evidence relied upon is arbitrarily biased by the temperaments of individuals, by the provinciality's of groups, and by the limitations of schemes of thought.

Self - sprung prayers, on the other hand, she views as genuine evidence of a willed act to commune with God, relying upon individual creative and expressive abilities.

If Rubio rejects the clear evidence showing how old the earth is, he can not be relied upon to interpret complex financial data.

This is a false statement since it relys upon the premise that soul's exist when there is no evidence to support that hypothesis.

We rely upon our full - time staff of attorneys, forensic accountants, research analysts, field investigators and computer forensics experts to staff these assignments, and we work collaboratively with our business clients to develop an investigative plan that is appropriate to the suspected misconduct... Since most of our investigative professionals have had experience in federal, state and local law enforcement — as prosecutors, auditors and agents — our investigative strategies are developed with an understanding of the evidence that may be needed to support an eventual criminal prosecution.»

The multi-society letter called on the OMB to work with leaders of government agencies to back the use of the best scientific evidence in their decision - making and to see that federal agencies support scientists doing the work required to «produce the knowledge upon which the nation relies.»

«Risk GP» they note, is «the model that many practitioners implicitly rely upon when making evidence - based decisions.»

Federal Judge Jack Weinstein thinks this way as well, observing in 1994 that due to the Daubert decision «Rule 706 of the Federal Rules of Evidence [which gives federal judges the authority to appoint their own experts] will be relied upon more frequently.

Since the 1990s medical science has relied upon a process called «systematic review» as a means of weighing up the available evidence and coming up with a reliable answer.

This transition, from relying upon sympathetic visionaries to persuading skeptical pragmatists with convincing evidence, was dubbed «crossing the chasm» by Geoffrey Moore:

OFSTED maintained that instead of a robust challenge through a Complaints Procedure, it relied upon its quality assurance processes which, in London, included three quality assurance reads, two by an HMI including an evidence based review and a review of the factual accuracy check response by the lead inspector, a sign off by a senior HMI and the final sign off by the regional director, before proof reading.

It should be noted, though, that we as a nation have been relying upon similar high - stakes educational policies since the late 1970s (i.e., for now over 35 years); however, we have literally no research evidence that these high - stakes accountability policies have yielded any of their intended effects, as still perpetually conceptualized (see, for example, Nevada's recent legislative ruling here) and as still advanced via large - and small - scale educational policies (e.g., we are still A Nation At Risk in terms of our global competitiveness).

Generally speaking, Schools Week can be relied upon to interrogate the evidence which underpins (or not) headline grabbing reports like this one.

«It is important for the protection of the public that any certificate bearing the trademark of one of our members can be relied upon as evidence that the qualification has been properly attained.»

Evidence - based teaching, Applied Behavior Analysis (ABA) chief among them, relies upon quality data, calculations, graphing and analysis to guide the professional towards teaching strategies that opt... Read More...

(e) An oral statement shall not be admissible to contradict the provisions of a credit transaction document, unless the debtor establishes by clear and convincing evidence that the oral statement was made and that it constituted a misrepresentation of a material fact relating to the character or essential terms of the transaction that was made principally to induce the debtor to sign the document and upon which the debtor reasonably relied in signing the document or entering into the transaction.

Today, the investor's stance is ever - cautious, as evidenced by his personal portfolio, which he discusses in the interview, as well as his five - prong formula for investing success and the essential research he relies upon.

Dedicated cat DVDs have been produced that put together a sequence of all the sights and sounds that attract cats, to appeal to the housebound, but more evidence is needed to confirm that they are genuinely enriching and they shouldn't be relied upon as a sole source of entertainment.

DNA evidence is, for example, quite technical and relies upon countless theories and experimental results that are only thoroughly understood well by just a few among us.

The overall implication of the allegations was to cast doubt on the extent to which CRU ‟ s work in this area could be trusted and should be relied upon and we find no evidence to support that implication.

First, there is good evidence to support the allegation that Jones committed fraud in some of his research — including research which influenced a chapter of the principal report upon which governments rely for a scientific assessment of global warming.

While this does not exclude them from having potential insight in the matter, it is evidence that one should not necessarily expect a sure grasp of mathematical and statistical issues and that their conclusions can not be relied upon uncritically, even if Stephen Schneider accepted their article.

This is irrefutable evidence that the consensus climate models can't predict squat and should not be relied upon by policymakers.

The Guidance Note for Lead Authors of the IPCC Fifth Assessment Report on Consistent Treatment of Uncertainties impose upon the lead authors to assign subjective levels of confidence to their findings: «The AR5 will rely on two metrics for communicating the degree of certainty in key findings: 1 Confidence in the validity of a finding, based on the type, amount, quality, and consistency of evidence (e.g., mechanistic understanding, theory, data, models, expert judgment) and the degree of agreement.

This faith is in spite of all evidence that shows the approach of averaging the results of models demonstrates that they have no particular model that can be relied upon for accuracy and the fact that none of the models outputs match observations.

Data offer the only solid ground for all these tasks, and failure to rely upon, and test against, evidence from data renders inferences about hypothesized dynamics worthless.»

At best, the IPCC has relied upon empirical evidence of the past to forecast the future.

I'm not sure where she got that idiotic idea, but she did quote from a scrap of legal text that Roger Pielke Jr has been carrying around that he claims shows that the «rulemaking record» must show «the evidence relied upon and the evidence discarded.»

The bottom line from the new report from the Global Warming Policy Foundation (GWPF) is that the U.N.'s Intergovernmental Panel on Climate Change (IPCC) knew, but didn't highlight, the fact that the best available scientific evidence suggests that the earth's climate is much less sensitive to atmospheric carbon dioxide input than the climate models they relied upon to forecast future global warming portray.

Lacking solid evidence, AGW explanations rely upon bald belief.

What seems to be so often neglected in discussions is an open admission that GCMs, from reconstructions and such are based upon guesses and assumptions that of themselves rely upon limited degrees of accurate observational evidence and further assumptions made about those observations.

No matter what type of trial or what amount of evidence is presented at trial, jurors are never satisfied with the amount of evidence that they must rely upon to make a decision.

Guideline 26 provides that the Tribunal may admonish a Party Representative, draw appropriate inferences in assessing the evidence relied upon, or the legal arguments advanced by the Party Representative, consider the Party Representative's Misconduct in apportioning the costs of the arbitration and take any other appropriate measure in order to preserve the fairness of the proceedings.

The defendant argued that the plaintiff's expert failed to meet her burden because there was no evidence that the expert's opinion was based on information upon which experts in his field reasonably relied.

An issuer or selling security holder is no longer entitled to accept an individual investor's standard representations in a subscription agreement or initials beside the applicable category on the relevant form: the seller now has a positive responsibility to take reasonable steps to verify the investor's representations and ensure the terms of the exemption relied upon are met, and to retain relevant documentation to evidence the steps it took to establish that the investor met the exemption's conditions.

Dr. Gladman's publications and teachings were referred to and relied upon by Dr. Yorke in his evidence.

where the Trial Judge draws an inference / makes a finding of fact essential to the verdict which is plainly contradicted by evidence relied upon by the judge in support of the inference / finding; or

Where new evidence comes to light it will be for the person who wishes to rely upon the fresh evidence to persuade the court to receive it.

To the contrary of Sedona Canada 2nd, electronic records management technology makes these 3 concepts more interdependent in law and necessary application: (1) the «system integrity concept» of the e-records provisions of the Evidence Acts; (2) the «proportionality principle» of electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its records as evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept&Evidence Acts; (2) the «proportionality principle» of electronic discovery proceedings; and, (3) the «Prime Directive» of 72.34: «an organization shall always be prepared to produce its records as evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept&evidence», i.e., records systems must always be kept in compliance with this national standard (otherwise, the e-records produced, and the adequacy of their production, should not be relied upon because, the quality of records system integrity determines the quality of records integrity — that is the «system integrity concept»).

Given the obvious inequality of arms between the SRA and respondents, it seems that the answer to any SRA concerns would be to ensure cases of alleged disciplinary breaches are investigated properly and only presented to the SDT by way of clearly formulated allegations where clear evidence exists rather than rely upon a reduction in the burden of proof.

It was good practice for the prosecution when seeking to introduce evidence under the Criminal Justice Act 2003, 101 (1)(d) to provide full particulars of the convictions relied upon.