Sentences with phrase «so by a preponderance of the evidence»
In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.
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The burden of proof is on the party or parties seeking to rebut the presumption and must do so by a preponderance of the evidence.
Not exact matches
So, it matters not whether a person chooses to assume precautions must be taken in advance of scientific proof by a preponderance of the evidence or otherwise.
So a skeptic questions everything but accepts what the preponderance of evidence is, and a denier falsely claims that until all aspects are resolved we know nothing and should do nothing — often motivated by the latter.
One such case is Don Easterbrook, whose testimony in front of a Washington State Committee in March 2013 so distorted the scientific facts that most of the members of his department (WWU geology) wrote a public letter, saying» [his views] are neither scientifically valid nor supported by the overwhelming preponderance of evidence on the topic».
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.
Such fair hearing would be for the purpose of deciding whether the indicated report is sustained by a fair preponderance of the evidence and, if so, whether such person has been rehabilitated so that the health, safety, and welfare of a child will not be endangered if such person's application for adoption is approved.