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

AND the appeals court making the claim that the defendant must show by a preponderance of the evidence that he / she was damaged then «changing» that level of proof to what appears to be a higher standard by saying, «On review, we will not reverse the judgment unless the evidence as a whole unerringly and unmistakably leads to a conclusion opposite that reached by the post-conviction court.»

Prohibits judges from confining person solely for non-payment of monies owed if such person has shown by a preponderance of the evidence that the person is not able to pay without causing substantial financial hardship to such person or the family or dependents thereof.

Has Google shown by a preponderance of the evidence that its use in Android of the declaring lines of code and their structure, sequence, and organization from Java 2 Standard Edition 1.4 and Java 2 Standard Edition Version 5.0 constitutes a «fair use» under the Copyright Act?

The moving party must make this showing by a preponderance of the evidence.

We are persuaded that the better rule is that the employer must make this showing by a preponderance of the evidence.

Not exact matches

The reason why some say that there is no god is because there isn't a single shred of evidence to support the existence of any god, and indeed a preponderance of evidence to show that the universe and this world were formed by very natural processes.

What the overwhelming preponderance of evidence had shown, and what the conclusions by the authors themselves had shown, is that there is no specific threshold for glucose below which is healthy.

The preponderance of evidence, including research presented by the plaintiffs in this case and noted by the court, shows that special population funding levels are dramatically lower than what is needed to provide an excellent education to many Texas students.

The preponderance of the evidence shown by these studies indicates that the implementation of training and / or behavior modification protocols predicated upon «dominance theory» and social structures («alpha,» or «leader of pack»), usage of physical or mental force, intimidation, coercion or fear are empirically less effective and often create as a consequence «fallout» behaviors — behaviors which may be dangerous to the human and animal involved.

Their famous statement about «the preponderance of evidence» showing that some of last century's warming was AGW was put in the report by politicians, not scientists.

A very small minority of states allow for reimbursement of fees upon an acquittal, but even then, it is often necessary to prove by a preponderance of the evidence that you were actually innocent, so a dismissal on procedural grounds or an acquittal at a criminal trial where the prosecution must show beyond a reasonable doubt that you are guilty, is not sufficient to show that it is more likely than not that you are innocent.

Subsequently, many courts have interpreted Wyeth as affirmatively holding both that the burden in such a case is on the defendant to prove the FDA would have rejected the warning advocated by the plaintiff, and that the standard by which this must be shown is an «exacting» one beyond the normal preponderance - of - the - evidence standard.

Custodial parent seeking permission to relocate bears the initial burden of demonstrating, by a preponderance of the evidence, that the relocation is for a legitimate purpose and the proposed location is reasonable in light of that purpose; once the custodial parent has made such a prima facie showing, the burden shifts to the noncustodial parent to prove, by a preponderance of the evidence, that the relocation would not be in the best interests of the child.

You have the burden of proving that the expense was incurred and is of a type that qualifies for a deduction by a preponderance of the evidence in the event that there is a dispute that is litigated, which means that you must show that it is more likely than not that you incurred a deductible expense of that kind in that amount in that tax year.

Notes: Expert testified as to alienation by ♀, but court found expert evidence flawed, and that sexual abuse of children by ♂ had in fact been shown by preponderance: remitted to Family Court for dispositional hearing.

In the amendment to both sections of the statute, the presumption in favor of joint custody seemingly is withdrawn where there is a showing, by a preponderance of the evidence, that an intrafamily offense, an instance of child abuse or neglect, or an instance of parental kidnapping occurred.