Sentences with phrase «someone meet the burden of proof»

Whether it is crazy US evangelicals or other christians around the world, none of you can meet the burden of proof.

The county district attorney reportedly looked at the case and determined that Muskogee County couldn't «meet the burden of proof.»

Demanding that someone meet the burden of proof is in no way an argument from ignorance.

Please meet the burden of proof before calling another uneducated, because without proof you appear as the very insult you convey.

Having to meet a burden of proof sufficient to go against a court predisposition is costly, time consuming and HARD.

In his decision Commissioner King says Anderson didn't «meet her burden of proof» in arguing that the Board of Education sold the building for less than market value.

Accordingly, the judge noted that the department of education and the Loudoun school system failed to «meet the burden of proof to establish an exemption» under Virginia's Freedom of Information Act [FOIA]» preventing the release of teachers» identifiable information (i.e., beyond teachers» SGP data).

Again, I have told you that I couldn't meet the burden of proof, did you read you just scan for key words?

They can't meet the burden of proof.

It is as though, in the middle of a trial, the plaintiff realizes that he does not have sufficient evidence to meet his burden of proof.

[44] In summary, the plaintiff has met the burden of proof required, albeit not by a large margin, but I am satisfied on balance that considering the potential damages that could be awarded for the plaintiff's claim and the complications raised by the minimal damage and worker - worker defence, the plaintiff had sufficient reason to bring the action in the Supreme Court of British Columbia.

Of course, if this is the case, Speech Design will have to disclose the information in order to avoid failure to meet the burden of proof.

The Panel determined that Canada had failed to meet its burden of proof with respect to its legitimate expectations as medical evidence regarding the carcinogenic properties of asbestos was extensive by that time of the Uruguay negotiations and Canada should have foreseen future acts to ban asbestos products.

On appeal, the Court of Appeals had to determine whether or not Husband met the burden of proof validating the trial court's modification.

Justice Roggensack testified that the system worked correctly in the Justice Gableman case, and that the Judicial Commission did not meet its burden of proof.

[3] For the reasons elaborated upon below, I found that the Defendant / Applicant did not meet the burden of proof on the Charter application.

Famous people have to meet that burden of proof because there are accusations made against them that are not true all the time and not always for actual crimes (Ted Cruz was accused of being the Zodiac Killer during the election (mostly as humor).

reliable blood alcohol readings at a level twice the legal limit may permit inferences of incapability sufficient to meet the burden of proof; and

When these arguments are successful, the prosecution will have a much harder time meeting their burden of proof.

Within the past week the South Carolina Court of Appeals has issued two unpublished opinions reversing two family court decisions to terminate a parent's parental rights on the basis that the Department of Social Services (DSS) failed to meet its burden of proof.

In this case, however, I am satisfied that the plaintiff has met her burden of proof on this issue.

Notwithstanding the severity of the loss at the heart of this case, a severe injury does not absolve a plaintiff of meeting her burden of proof.

Significantly, outside the context of the DMCA, the Copyright Act puts the initial burden on the rights holder to meet the burden of proof that an injunction is needed.

Here, the appellate court held that the wife met her burden of proof as to unconscionability.

Proper testing of surfaces and in depth analysis of multiple building codes are paramount to meeting the burden of proof.

You have the right to present a defense and are presumed by the law to be innocent unless and until the state meets their burden of proof.

Mother failed to meet this burden of proof on appeal as nothing in the record reflects any impropriety or prejudice on the part of the court.

The jury in the trial court that heard this case found that the plaintiff did not meet her burden of proof and granted a verdict for the defendant.

To meet the burden of proof in a personal injury case, a plaintiff must prove his or her claim by a preponderance of the evidence, which means that the plaintiff must present evidence that when weighed by the judge or the jury, is more convincing than the defendant's.

To meet this burden of proof, the plaintiff must provide evidence of the following four things to show that the defendant was negligent:

In order to meet his burden of proof, the plaintiff must present evidence in the form of testimony to the judge or jury.

The policies, the court found, did not provide a clear definition of «owned,» and the defendants did not meet the burden of proof as to Manner's ownership of the Yamaha.

Even if the alleging parent meets their burden of proof, the parent with blindness can show that the use of supportive parenting services will alleviate any dangers to the child.

To meet the burden of proof, the mother must explain a legitimate reason for the move and show that the move will be made in good faith.

If the mother meets the burden of proof required by law, the opposing parent must show that the move does not reflect the child's best interests.

After a 90 - minute deliberation, the panel ruled that TREB's lawyers failed to meet the burden of proof that the Chief Justice could compromise fair hearings.

Not exact matches

That order was contested at a hearing on May 13, 2014 [court transcripts available], and that restraining was dismissed and vacated for lacking evidence and not meeting the legal burden of proof [Hennepin County Case # 27 - CO-13-8209, filed May 16, 2014].

The burden of proof for going to war has not been met.

And that there are such conditions is just what it means, logically speaking, for there to be a presumption against the action in question» and, further, for the burden of proof to rest upon those who would show that the conditions have been met.

There is a presumption against it by the state of Illinois, and the burden of proof lies upon citizens to show that the conditions have been met, which is to say that the presumption can be rebutted.

It is contrary to Hartshorne's approach to rest content with the merely negative conclusions that the theist has failed to meet a procedural burden of proof (à la Antony Flew) or even that the skeptic has failed to defeat the theist's own supposedly properly basic beliefs (à la Alvin Plantinga).

In a statement, Bharara's office said there was «insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution.»

This burden of proof is often impossible to meet: the fact that many properties have changed hands since 1961 and that many properties were severely damaged during Sandy means documentation is often inaccessible, incomplete, or has simply been destroyed.

That burden of proof has not been met.

At a recent policy meeting of an education reform organization to which I belong, it was suggested to me, as an extrinsic reformer, that the burden of proof for our reform proposals is on us to show that they would not work to the detriment of the stakeholders in the status quo.

Last note, setting the burden of proof so high you know someone can not meet it is just a really clear manifestation of bad faith.

In all of these cases, the CRA has only to declare a «balance of probabilities» burden of proof has been met, leaving the onus on the taxpayer to prove that he or she should not be taxed as a business.

Trenberth has the burden of proof to show that a change in the default burden of proof should flip — and just stating what the consensus is in AR4 is not proof sufficient to meet Trenberth's burden.

We should demand a considerable burden of proof before accepting such theories, and in general this burden of proof has not been met.

Page 6: Conclusion «If the burden of proof is on the proponent of the activity or processes in question, the Precautionary Principle would seem to impose a burden of proof that can not be met.»