In Daniel v Western Australia, Justice Nicholson held that it «requires some factor for the court to otherwise order».27 The ALRC states that the «Native Title Act does not allow the court to dispense generally with
the rules of evidence in native title proceedings».28 In the Wongatha case (considered in the previous chapter), Justice Lindgren noted that for Section 82 to be invoked it is: 29
In Chapter 1, I note the comments of the High Court in relation to section 82 of the NTA and the effect of the amendment to this section which gave greater emphasis to
the rules of evidence in native title cases.
Because parties generally represent themselves, the procedures and
rules of evidence in small claims court are more relaxed than in ordinary justice court.
There are generally
no rules of evidence in mediation, and parties are often able to reach agreements that are not available in Court.
«Typically, the rules of evidence follow a specific pattern: if the evidence you present to a judge meets the test established by
the rules of evidence in your jurisdiction then the judge shall allow it into evidence.
In the absence of formal
rules of evidence in Mass., this is the closest the state comes to a document akin to the Federal Rules of Evidence.
I suspect that eventually this business of CAGW is going to get into court, with
the rules of evidence in place.
Northrop, by changing
the rules of evidence in the light of the philosophy of science, claims that language is not simply a linguistic convention but is a report on reality.
You believe that there was no bodily resurrection (but did you know that one of the foremost experts on
the rules of evidence in the 19th century - and a non-believer - studied the accounts of the Resurrection and concluded that they were most probably eyewitness accounts).
Not exact matches
The first
ruling,
in 1992, was overturned by U.S. District Court for the District
of Columbia, which sided with the football team based on a lack
of evidence of disparagement, and on the principle
of «laches.»
For instance, we were once
in a proceeding
in which the judge made a
ruling on
evidence presented at trial by opposing counsel that was going to fundamentally change the outcome
of the case.
The
rules of evidence that apply
in an arbitration fall somewhere between the anything goes «
rules» that apply
in the court
of public opinion and the
rules of evidence that apply
in court which limit what comes
in, generally speaking, to the kind
of evidence experience has shown is trustworthy.
The most widely known application
of that
rule is the exclusion
of evidence that law enforcement officials obtained
in violation
of a criminal suspect's constitutional rights.
«This case has already been dismissed with prejudice by the court that heard it, which
ruled in Yelp's favor and also found the claims not to be supported by credible
evidence,» Vince Sollitto, Yelp's vice president
of communications said.
Vestager, arguably the most powerful official
in the EU due to her individual power to
rule on competition cases across the 28 - nation bloc, makes no secret
of her reliance on others at times to provide the
evidence that can justify her inquiries.
While it will be merely the exception that proves his
rule — namely, that there is no such thing as 100 % certainty
in the science
of probability — his (mainly Republican) haters will jump on this as
evidence he's a huckster and a fraud.
We expect that to happen again — particularly because the jury was prohibited from knowing about these court
rulings in favor
of Gawker, prohibited from seeing critical
evidence gathered by the FBI and prohibited from hearing from the most important witness, Bubba Clem.
While it would be difficult to take a lack
of fresh credit strains as
evidence of restored health
in the banking and lending system, we can't
rule out the possibility that the Rube Goldberg machine created by the Fed and the Treasury will be enough to take us through a period
of years (or if we follow Japan's example, decades) where we will gradually bury the losses
of the banking system, trading a short - lived period
of adjustment instead for a long - term period
of stagnant credit.
Campbell has
ruled that a great deal
of evidence about Hogan — including why he brought the suit against Gawker
in the first place — will not be allowed
in the trial.
So
in short, I am an atheist and I do not
rule out the possibility
of God but it will take some tiny shred
of empirical
evidence for me to change my disbelief.
There is a 58 percent chance that an atheist leader will murder a noticeable percentage
of the population over which he
rules sufficient
evidence that atheism does,
in fact, provide a systematic influence to do bad things?
In the pages
of the Wall Street Journal, Peggy Noonan wonders if a string
of failures for the Obama administration counts as mounting
evidence not only against his primary claim to
rule, executive competence, but also against the undergirding premises
of liberal political philosophy.
In the United States, the Louisiana state Supreme Court
ruled last year that state law does not require a priest to notify authorities after hearing
evidence of child abuse from a child making a confession.
I can show you empirical
evidence of the value
of the golden
rule, not only
in our species, but
in many others.
Evidence for the existence
of King Gilgamesh is found
in inscriptions crediting him with the building
of the great walls
of Uruk, references to him by known historical figures
of his time (26th century BCE) such as King Enmebaragesi
of Kish and the Sumerian King List that says he
ruled for 125 years.
My position, which I commend for your consideration, is as follows: While I do not
rule out the morality
of research into human cloning, I do support a moratorium on such research, which would be removed
in light
of strong
evidence for the positive benefits
of such research and after concrete proposals have been formulated for avoiding the potential risks.
It is best understood when scholars apply to it the same
rules of analysis,
evidence and logic used
in philosophy, history and literature.
Plenty
of evidence is
in on this point: when a
ruling elite decides to destroy a group
of people
in a society, most
of the people who are not targeted will not resist, whatever their religious affiliation.
While the authors report having «found little
evidence that the strong tendencies toward religious freedom and religious pluralism led to any lack
of religious vitality»
in the campuses they visited, their account suggests otherwise: faculty and administrators are afraid to offend students by supporting religious «
rules and regulations» or by teaching Christian doctrine.
Examples are 9/11 hijackings, The holding back
of stem cell research that could save countless human lives, Aids being spread due to religious opposition to the use
of condoms, Christians legally fighting this year to teach over 1 million young girls
in America that they must always be obedient to men, the eroding
of child protection laws
in America by Christians, for so called faith based healing alternatives that place children's health and safety at risk, burning
of witches, the crusades, The Nazi belief that the Aryans were god's chosen to
rule the world, etc... But who cares about
evidence in the real world when we have our imaginations and delusions about gods with no
evidence of them existing.
We see that the assumptions
of physics developed
in the effort to exclude teleology from nature, not because there was empirical
evidence that purposes played not
rules in the natural world but because the medieval preoccupation with teleology was an obstacle to progress.
A pope, Urban II, did give impetus to the Crusades, and though the Crusader kingdom
of Jerusalem came to an end eight hundred years ago, the
evidence of a century
of Crusader
rule is visible
in the commanding castles and European - style churches that still rise from the arid landscape, as well as the longstanding bonds between Middle Eastern and Western Christians, especially
in Lebanon and the Holy Land.
An agnostic atheist would take the stance that although they currently don't believe
in God and don't think there is any
evidence about such an existence, they don't completely
rule out the possibility
of God because they don't think the question is fully knowable.
One might invoke Bedouin
rule as parallel, but the better course is to drop the problem for lack
of evidence and go on to our earliest sources for Israel's life after the settlement
in Palestine.
The leadership
of Jehoiada
in the overthrow
of Athaliah and his
rule for some years as regent may not be employed as
evidence of the rise
of the hierarchy to temporal power (II Kings 11:4 - 12:16).
Only because there is no proof, as
in real
evidence that would stand up to the scientific method or the justice system's
rules of evidence.
The following verse from the Qur» an is good
evidence of the comprehensive nature
of the Islamic
rules of conduct, «It is not righteousness that ye turn your faces to the East and the West; but righteous is he who believeth
in Allah and the Last Day and the angels and the Scripture and the Prophets; and giveth his wealth,
in spite
of his love for it, to kinsfolk and to orphans and the needy and the wayfarer and to those who ask, and to set slaves free; and observeth proper worship and payeth the poor - due.
I guess under Judge Martin's brilliant legal analysis, if the gun - toting, bible - beatin» Christians
of his county find his
ruling «offensive» they can just bring their pitchforks and remove him from the bench, and then
in any subsequent prosecution all
evidence will be thrown out and Judge Martin can be called a «doofus» for making a
ruling that offends them.
My conclusion from my work with sexual and domestic violence is that porn is a serious danger to public safety, akin to shouting «Fire»
in a crowded theater; but given legal
rules of evidence, there may be little hope
of convincing courts
of this analogy.
At the same time they should intercede with Congress (House and Senate Judiciary committees) to approve
Rule 506
of the Federal
Rules of Evidence, which would provide such protection
in federal courts.
And we are asked to believe that based on this «
evidence», Jesus
of Nazareth now sits on a throne
in the far reaches
of outer space,
ruling as our Almighty Lord and King
of the Universe??
An exception to this rigorous
rule might have been the duty to give
evidence in court concerning a crime which a priest learned about
in the confessional; but as the civil law
of evidence developed, it included a privilege for the priest against being compelled to reveal anything told to him under the «seal
of the confessional.»
But
in the case
of clergymen, there is considerable
evidence of legislative intent; namely, the statutes of 44 states and the District of Columbia (plus the proposed federal Rule of Evidence N
evidence of legislative intent; namely, the statutes
of 44 states and the District
of Columbia (plus the proposed federal
Rule of Evidence N
Evidence No. 506).
In fact, they go out
of their way to break the
rules (as
evidenced by our leprechaun visitor... more on that later).
In addition, the petition requested that we issue an interim final
rule under section 403 (r)(7)(A)
of the FD&C Act, stating that the
evidence is compelling and the potential to encourage fruit and vegetable consumption is important for public health and that issuing an interim final
rule would allow affected fruit and vegetable products to become eligible to bear these health claims as expeditiously as possible.
For immigration visa matters, the
rules of evidence don't apply
in evaluating visa applications so it will still be relevant there as well.
In particular, the
rules encourage members to accept a predetermined sanction for given acts
of misconduct rather than undergoing a full tribunal, but establish an impartial panel
of decision makers with clear
rules for
evidence and standards
of proof should a full disciplinary hearing be required.
Here is the reality
of my divorce: Despite the fact that the court appointed custody evaluator
ruled parenting during the marriage was joint, a vocational evaluation that concluded my ex-wife could make just as much money as me, joint custody
of the children post marriage (although
in reality they were with me much more often), pretty good
evidence my ex-wife committed fraud and perjury and absolute
evidence her lawyer maliciously lied
in court, I am required by the court to pay her a massive amount
of alimony until he day I die.
In several regards the process by which recommendations against any and all bedsharing are being formulated violates the
rules of evidence - based medicine.
It also
ruled that the burden
of proof remained on plaintiffs (the man's family,
in this case) and that courts must consider relevant
evidence from medical research.