Sentences with phrase «rules of evidence in»

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 Nevidence of legislative intent; namely, the statutes of 44 states and the District of Columbia (plus the proposed federal Rule of Evidence NEvidence 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.
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