Sentences with phrase «sufficient evidence presented to»

Not exact matches

We merely state that no evidence or argument has been presented that provides sufficient reason to believe in one.

But, again, I reserve the right to change this position IF sufficient evidence is presented and admit that I really don't know for sure (99.9 % but not 100 %).

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard.»

«The Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» the former prosecutor wrote in a statement.

His longtime colleague, Acting U.S. Attorney Joon Kim, said that «the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard.»

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement reads, in part.

Now terrorism is occupying headlines, she wants to dump it so she can arbitrarily jail people she suspects without sufficient evidence to present it before a court.

Following the hearing, Kirschner ruled that the evidence presented was sufficient to show that a felony had been committed and Reese had committed it.

Her criteria are that the person be fair and have sufficient language ability to understand the evidence presented, as well as sufficient capability to see the evidence.

«Although finding that the Supreme Court's McDonnell decision issued after Silver's conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,» Kim's statement said.

I am inclined to conclude that the studies presented here in relation to fasting and autophagy provide sufficient evidence to support a key aspect of my metabolic strategy to manage brain cancer....

However, sufficient evidence is present for chelation to be offered as an option for treating cardiovascular disease.

If the Board believes that the complaint should be dismissed for lack of sufficient evidence, then the Executive Secretary must submit to the Board, during a closed meeting if the information to be presented is derogatory pursuant to SDCL 1 -26-2, reasons and a recommendation for the dismissal.

The animal control authority of the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of:

If a defect is documented by a Veterinarian and sufficient supporting evidence is presented to the seller we will offer a replacement puppy, or work with buyer to come to a mutually agreeable resolution.

«Evidence sufficient to disprove either accusation can be defined very precisely: it would consist of the p value supporting the claim of statistical insignificance, the peer - reviewed journal article in which it was presented, and the page number where the study is cited in the IPCC Report.»

The limited number of LAT decisions rendered to date, provide several examples of accident victims being unsuccessful in their claims because they failed to present sufficient documentary evidence and supporting medical opinions to counter the expert medical opinions which the insurers obtained from their medical specialists.

If, however, you were convicted, and the Court found that you knew that the victim hadn't died at the time of trial, but you did not raise the fact that the victim wasn't dead, it isn't clear if you could have the original conviction vacated because it was a fair trial and you knew evidence sufficient to get yourself acquitted (which you may have refrained from presenting to avoid conviction on a lesser charge like kidnapping or aggravated assault), and the status of an «actual innocence» grounds for vacating a conviction after trial is hotly disputed, conservatives like the late Justice Scalia generally say «no», liberals generally say «yes», moderates like to say «yes» but make it almost impossible to establish except in rare cases like one where a live person walks in when there was a murder conviction for killing that actually living person.

Ultimately, the Tribunal ruled that the Applicant's health practitioners had not presented sufficient documentary evidence, supporting reasons and analysis to establish that the Applicant had sustained cervical radiculopathy, noting that the chiropractor's conclusion was based on the Applicant's complaints of pain and without specific testing or assessments to support his diagnosis.

As a result, Schaefer's case was sent back to the lower court for that court to determine if Schaefer presented sufficient evidence to substantiate his claim of spoliation under the proper standard.

Under Florida law, the rear driver has to present sufficient admissible evidence to the jury that fairly and reasonably shows that the rear driver was not negligent.

The plaintiff presented sufficient evidence for a reasonable jury to conclude that in - person attendance was not an essential function of her job for the ten - week period she requested to work from home, the court said.

Specifically, the case deals with the quantum of evidence a plaintiff must provide in order to present a legally sufficient case.

Once the driver who rear - ended the vehicle presents evidence sufficient enough to overcome the presumption of negligence, then it is up to the jury to determine who is at fault.

The Court of Appeal found the evidence presented by Suncor was sufficient to meet the threshold required, even though it did not necessarily show a problem within the Unifor bargaining unit.

On December 11, 2013, the South Carolina Supreme Court decided State v. Hepburn, holding «the State did not present substantial circumstantial evidence sufficient to warrant the denial of [Ashley Hepburn's] mid-trial directed verdict motion.»

Energy presented sufficient evidence to allow a reasonable fact finder to conclude that HOTF, the patent holder, acted in bad faith, and therefore its claim for tortious interference fell within the bad - faith exception to preemption.

PC -2008-1134, Judge Sarah Taft - Carter held that while the existence of such a duty is determined on a case - by - case basis, the plaintiffs had presented sufficient evidence to establish that Crane Co. had a duty to protect against such «secondary» or «take - home» exposure.

The Court further concluded that the plaintiffs had presented sufficient evidence to prevail against Crane Co.'s motion for summary judgment on the issue of causation.

The Layfield Law Firm, LLC will help present your product liability lawsuit in a way that provides sufficient evidence to the court to prove your need and entitlement to compensation.

The plaintiff conceded that he did not properly respond to the defendant's motion, but he claimed that despite his failure to respond, there was sufficient evidence that the company breached its duty to him and that the facts presented by the company were incomplete and misleading.

Judge Curiel didn't agree, finding the plaintiffs had presented sufficient evidence to survive the summary judgment motion.

The question is whether the Union had sufficient and fair opportunity to present its evidence and make its position clear to the decision - maker through submissions.

The Supreme Court noted this change in deciding Desert Palace, Inc. v. Costa, where it held that «[i] n order to obtain [a mixed motive instruction under Title VII], a plaintiff need only present sufficient evidence for a reasonable jury to conclude, by a preponderance of the evidence, that «[protected class] was a motivating factor for any employment practice.

The appellate court affirmed the verdict in favor of the plaintiff, finding that sufficient evidence was presented to allow the lower court to rule in her favor.

Even if that offender had managed to present sufficient evidence to raise a reasonable doubt about whether he was a dangerous offender within the meaning of s. 753 (1), a Court would still be obliged to find that he was a dangerous offender pursuant to s. 753 (1.1).

It would require that litigants present, and courts evaluate, credible evidence sufficient to establish a claim upon which an enforcement action can be taken — just like in any other judicial proceeding in any area of law.

I would think that a state could require an entity to provide notice to the state (similar to what Minnesota negotiated with MPHJ) of its desire to send an infringement letter and in that notice the state could require a) evidence of actual use of the patented technology by the entity and / or b) identification of the real party - in - interest with assets sufficient to present a bond (could they be required to register as a foreign corporation?).

Other states give courts the authority to order testing at the judge's discretion, provided sufficient corroborating evidence is presented.

At the same time, the results of the present study do not provide sufficient evidence that booster sessions further improve targeted behaviors to argue for their inclusion in a combined parent and youth intervention.

At the same time, the results of the present study do not provide sufficient evidence that booster sessions further improve targeted behaviors enough to include them in a combined parent and youth intervention.

Schuckman Realty, Inc. v. Cosentino (294 A.D. 2d 484)-- broker fails to establish tortious interference with contract where defendant submitted sufficient proof by affidavit of its director of real estate which averred that it did not intentionally seek the procurement of the breach of contract and where broker failed to present sufficient evidence to raise triable issues of fact

Heelan Realty and Development Corp. v. Ocskasy (27 A.D. 3d 620)- broker's claim dismissed; although testimony supported conclusion that the contractional relationship of the parties continued beyond the expiration date of the written listing agreement, the broker failed to present legally sufficient evidence of its entitlement to payment of a brokerage commission; prospective buyer's principal testified that buyer was not advised regarding the environmental contamination and subsequent remediation of the property, that regulatory approvals of the clean up work had not been obtained and was unable to state that the prospective buyer would have consummated the purchase had it been aware of the contamination issues; broker failed to establish that buyer was ready, willing and able to purchase the property and that there was a meeting of the minds between the buyer and the seller