Sentences with phrase «standards of proof apply»

Good climate scientists, like all good scientists, want to ensure that the highest standards of proof apply to everything they discover.

The standard of proof applied by the Student Judicial Committee shall be «preponderance of the evidence.»

The civil standard of proof applied in administrative proceedings is more appropriate because it treats corporate treasuries as no more worthy of protection than the health and safety of employees.

On the question in the instant action of whether to grant an injunction or make an ASBO in substantially similar terms, given the criminal standard of proof applying to ASBOs, the Court of Appeal considered it «would be bizarre, not to say irrational, if the standard of proof in answering the two questions were different».

In a discussion paper published this week, the Law Society says the SDT is expected to review the standard of proof it applies later this year, as part of a wider consultation on the Solicitors Disciplinary Proceedings Rules 2007.

The tenor of the VAT cases was that the civil standard of proof applied to the system of VAT penalties.

In that context, it was plainly assumed that the civil standard of proof applied to the income tax regime, and the VAT scheme was mimicking that.

The usual burden and standard of proof apply to the determination of that question.

Not exact matches

The researchers say they have demonstrated a proof - of - concept prototype that, when less than 1,000 volts were applied, got the case to contract and push a fluid consisting of deionized water and food dye up so that a pin would rise more than 0.5 millimeters — the standard height of a Braille dot — in less than 100 milliseconds (initial experiments have been done without a pin in the case).

The Arnold Foundation invests heavily in another initiative that promotes rigorous science for medical and policy decision - making, yet they do not seem to apply that same standard of proof to their own education strategy.

Standard Form 180, Request Pertaining to Military Records, is used to apply for proof of military service regardless of whether you served on regular active duty or in the selected reserves.

Again, imagine what that appealing but ludicrous standard — absolute scientific proof of safety — would do if applied against most of how we live our modern lives.

[17] In particular, the lower standard of proof that applies in civil (as opposed to criminal) proceedings is appropriate, Professor Brown argues, because of its relation to risk management.

These were that ASBO proceedings are civil and hearsay evidence is admissible; and that despite this magistrates should nevertheless apply the criminal standard of proof to the requirements in CDA 1998, s 1 (1)(a).

2 Case law supports a special instruction that jurors must not apply a different standard of proof to lawyer defendants than other defendants.

[205] The usual civil standard of proof, namely proof on a balance of probabilities, applies.

The Arizona Court of Appeals issued a ruling on the issue of the standard of proof the court must apply to determining school placement in Arizona when the parents do not agree.

It is one thing to identify the standard of proof, it is another thing to define and apply it, especially if it is an intermediate statutory standard.

Neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.

In fact, a single statute can set out different standards of proof that might apply depending on the level of adjudication within the administrative body and the legal issue to be decided, such as the Immigration and Refugee Protection Act, S.C. 2001, c. 27.

The issue arose as to whether the general commissioners had erred in applying the criminal standard of proof to the issues of whether there had been negligent submission of incorrect returns and whether or not there had been understated profits.

In addition to applying different claim construction standards, the Court listed a number of differences between AIA trials and federal court litigation: the lack of a constitutional standing requirement for petitioners, the PTAB practice of reaching a final decision even after the petitioner settles out, and a lower burden of proof.

[154] The standard of proof to be applied in making an appropriate damage award under this category is simple probability, not the balance of probabilities.

Husband also appealed the finding that he was habitually intoxicated, claiming that the family court applied an incorrect, prima facie, standard as the burden of proof.

The Judgment asserts that the applicable standard of proof that applies is the civil one pursuant to Re B [2013] UKSC 33.

Further, investment treaty arbitral tribunals in particular may face difficult questions about the correct evidential burden and standard of proof to apply, especially in relation to corruption allegations.

If the parties do not mention the standard of proof in a civil case, the district judge is bound to apply the normal civil standard, just as he will apply the substantive law of the forum state if the case is a diversity case and neither party argues choice of law.

Actually [the district court] did commit one clear error on the fiduciary count, and that was to apply the normal civil standard of preponderance of the evidence, rather than the higher standard of proof — proof by clear and convincing evidence — that Illinois requires to establish the existence of a fiduciary duty outside of the per se categories such as lawyer - client and guardian - ward.

Without those standards, the difficulties of proof and the case - by - case nature of «as applied» challenges render the licensor's action in large measure effectively unreviewable.

If the appeals in OBG and / or Mainstream had succeeded, then liability in economic tort would thereafter have depended not upon proof of a subjective intention to break contracts but upon some objective standard similar to that applied under the law of negligence.

The Tribunal applies the criminal standard of proof with the burden being on the SRA to prove its case.

Lord Brown held: «The standard of proof to be applied here was, by common consent, the civil standard.

Section 124 (2) of the WSIA does not apply to the «burden of proof», but the «standard of proof», creating a statutory «benefit of the doubt», and not in the way this judgement suggests.

Obviously in the remote example of a trial judge expressly stating an incorrect standard of proof, it will be presumed that the incorrect standard was applied.

Hickinbottom J followed LG and held that the civil standard applied, commenting: «To suggest that the civil standard of proof equates to the criminal standard of proof in cases in which serious allegations are made or serious consequences possible is improperly and unhelpfully to elide seriousness with probability of a particular allegation, which is the very illogicality identified by Baroness Hale in In re B.»

Lady Hale held: «Neither the seriousness of the allegation nor the seriousness of the consequences should make any difference to the standard of proof to be applied in determining the facts.

Rowles J.A. was correct that failure by a trial judge to apply the correct standard of proof in assessing evidence would constitute an error of law.

Where the trial judge expressly states the correct standard of proof, it will be presumed that it was applied.

Support for the criminal standard can be found in the judgment of the Divisional Court in Re A Solicitor [1993] QB 69, which considered the standard of proof to be applied by the SDT's predecessor, the Disciplinary Tribunal of the Law Society.

Lord Brown held (arguably going further than Lord Lane CJ): «That the criminal standard of proof is the correct standard to be applied in all disciplinary proceedings concerning the legal profession, their Lordships entertain no doubt.»

Supporters of the SDT applying the civil standard would say these developments undermine the reasoning of the Divisional Court in Re A Solicitor and that there is no reason why the common law should grant solicitors facing disciplinary proceedings a more generous standard of proof than police officers or school children.

What standard of proof must the SDT apply to allegations of solicitors» misconduct, ask Tim Kerr QC & Charles Banner

It alleges that the motion judge reversed the onus of proof by requiring the appellant to establish that an action would have been appropriate when the allergic symptoms first appeared in 2010 and also that she applied a subjective rather than objective standard to the determination of when a proceeding would be an appropriate means to seek to remedy the injury, loss or damage.

Sentencing fans have their SCOTUS cups running over this morning: in addition to the cert grants on a pair of cases dealing with the application of the statutory crack sentences in Dorsey and Hill (basics here), the Supreme Court also grant cert on a long - simmering Apprendi issue: namely whether standard of proof jury trial rights set forth in Apprendi and its progeny apply to the imposition of criminal fines.

Note: For the standard of proof to be applied in determining whether a contravention of the primary order has been committed, see section 70NAF.

When a court makes a decision about evidence you give, it applies a standard of proof.

In particular you will want to know about challenging potential panel members, your right to counsel, calling witnesses, and the burdens and standards of proof that apply.

Unfortunately you can not buy a secondary home with gifted down payment & standard down payment proof of seeding for 90 days applies.