Sentences with phrase «state meets their burden»

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.

Not exact matches

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.

«The state has met its burden in demonstrating immediate and irreparable injury,» Robart said in his ruling.

Lasher is running against Marisol Alcantara, a former union organizer for the New York State Nurses Association, and Robert Jackson, a former councilman who is also a plaintiff in a landmark case by the Campaign for Fiscal Equity, which argued that New York was under funding schools and not meeting its constitutional burden to provide children with a «sound basic education.»

[T] he redistricting plan illegally diluted black and Hispanic voting power in two congressional districts... The State of Texas has not met its burden in showing that the proposed congressional redistricting plan does not have a discriminatory effect.

Ordering that Davis not be executed, the court stated: «The defendant has met his burden of establishing his mental retardation... the cogs in the machine must come to a halt.»

It published a list of 12 reasons its opposed to the test, including PARCC's financial burden, and its members have testified against PARCC testing at state Board of Education meetings and other public hearings.

As the state Legislature failed to pass funding increases that met that high burden over the last year, discontent grew among Oklahoma school districts.

If the policy is necessary to meet an important educational goal, then are there comparably effective alternative policies or practices that would meet the school's stated educational goal with less of a burden or adverse impact on the disproportionately affected racial group?

(1997) E652: Current Research in Post-School Transition Planning (2003) E586: Curriculum Access and Universal Design for Learning (1999) E626: Developing Social Competence for All Students (2002) E650: Diagnosing Communication Disorders in Culturally and Linguistically Diverse Students (2003) E608: Five Homework Strategies for Teaching Students with Disabilities (2001) E654: Five Strategies to Limit the Burdens of Paperwork (2003) E571: Functional Behavior Assessment and Behavior Intervention Plans (1998) E628: Helping Students with Disabilities Participate in Standards - Based Mathematics Curriculum (2002) E625: Helping Students with Disabilities Succeed in State and District Writing Assessments (2002) E597: Improving Post-School Outcomes for Students with Emotional and Behavioral Disorders (2000) E564: Including Students with Disabilities in Large - Scale Testing: Emerging Practices (1998) E568: Integrating Assistive Technology Into the Standard Curriculum (1998) E577: Learning Strategies (1999) E587: Paraeducators: Factors That Influence Their Performance, Development, and Supervision (1999) E735: Planning Accessible Conferences and Meetings (1994) E593: Planning Student - Directed Transitions to Adult Life (2000) E580: Positive Behavior Support and Functional Assessment (1999) E633: Promoting the Self - Determination of Students with Severe Disabilities (2002) E609: Public Charter Schools and Students with Disabilities (2001) E616: Research on Full - Service Schools and Students with Disabilities (2001) E563: School - Wide Behavioral Management Systems (1998) E632: Self - Determination and the Education of Students with Disabilities (2002) E585: Special Education in Alternative Education Programs (1999) E599: Strategic Processing of Text: Improving Reading Comprehension for Students with Learning Disabilities (2000) E638: Strategy Instruction (2002) E579: Student Groupings for Reading Instruction (1999) E621: Students with Disabilities in Correctional Facilities (2001) E627: Substance Abuse Prevention and Intervention for Students with Disabilities: A Call to Educators (2002) E642: Supporting Paraeducators: A Summary of Current Practices (2003) E647: Teaching Decision Making to Students with Learning Disabilities by Promoting Self - Determination (2003) E590: Teaching Expressive Writing To Students with Learning Disabilities (1999) E605: The Individualized Family Service Plan (IFSP)(2000) E592: The Link Between Functional Behavioral Assessments (FBAs) and Behavioral Intervention Plans (BIPs)(2000) E641: Universally Designed Instruction (2003) E639: Using Scaffolded Instruction to Optimize Learning (2002) E572: Violence and Aggression in Children and Youth (1998) E635: What Does a Principal Need to Know About Inclusion?

If it's legal in your state, you'll need to meet more stringent criteria than when you applied for your first loan because a second short term loan is more of a risk and a greater financial burden.

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.

How much of a problem is delayed participation by developing countries in terms of raising the overall burden of global mitigation costs, and what does this imply for appropriate near - term emissions pricing goals for the United States, if eventual targets for global stabilization are still to be met?

The aim of the meeting was to review evidence related to the implications of global climate and ecological change on the communicable disease burden of Europe, assess the preparedness of health systems, develop scientific advice, identify research needs, and make recommendations to Member States.

With experience litigating cases in state court, federal court, and at the Minnesota Court of Appeals, I provide perspective and insight while shouldering part of the burden to meet litigation deadlines.

First, because the plaintiff has not met its burden of production of evidence on its account stated claims.

The Supreme Court also asked the parties to consider whether Bucklew met his burden to prove what procedures would be used for his alternative execution method, the severity of the likely pain under the alternative, and how it would compare to the state's method of execution.

The Panel found that that the United States failed to meet its burden of proving that the measures at issue were causally responsible for the inability of U.S. exporters to penetrate the Japanese market.

Even though shifting the burden of cost from one party to another is accepted practice, U.S. District Judge Robert S. Lasnik of Washington state denied a motion to do so in Mikron Industries Inc. v. Hurd Windows & Doors Inc., because the requesting party had failed to meet and confer in good faith.

Central government promotes it to those on social housing waiting lists, social tenants, homeless households, ex-service personnel, and others because it reduces the state's burden to those households and contributes to meeting housing need.

The Court of Appeal in Trudel, like most of the more recent cases, took the view once the state has made out a prima facie case for immunity (in this case, establishing that the defendant is a «foreign state» within the meaning of the Act), the burden shifts to the plaintiff to establish that the criteria for an exception are met.

Analyzing the allegations in the proposed amended complaint, rather than the operative complaint, the court held that the plaintiffs had met their burden to establish the local controversy exception, and therefore instructed that the case be remanded to state court.

61 Accordingly, that concept must be interpreted as covering all assistance introduced by the public authorities, whether at national, regional or local level, that can be claimed by an individual who does not have resources sufficient to meet his own basic needs and the needs of his family and who, by reason of that fact, may become a burden on the public finances of the host Member State during his period of residence which could have consequences for the overall level of assistance which may be granted by that State (see, to that effect, Bidar, paragraph 56; Eind, paragraph 29; and Förster, paragraph 48; see also, by analogy, Case C ‑ 578 / 08 Chakroun [2010] ECR I ‑ 1839, paragraph 46, and Kamberaj, paragraph 91).

Perhaps most importantly in this regard, we conclude that plaintiffs have more than met their burden of establishing a genuine issue of material fact as to Paladin's intent, even assuming that the First Amendment erects a heightened standard from that required under Maryland state law.

Levenson ruled that the BSO and prosecutors failed to meet the burden of establishing that the recordings were part of an active investigation that would merit an exemption under the state's public records law.

May receive credit for that training completed outside of the state if it is demonstrated by the applicant that the training completed outside the state is equivalent to and in all respects meets the requirements for training under Subsections 58-60-305 (1)(e) and (f), and Subsection R156 - 60b - 302b (1); The applicant shall have the burden of demonstrating by evidence satisfactory to the Division and Board that the training completed outside the state is equivalent to and in all respects meets the requirements under this subsection.»

Meeting the requirements for connection materials imposed by the states and territories places under - resourced Native Title Representative Bodies (NTRBs) under a heavy burden.