Sentences with phrase «to meet the burden of proof»

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.

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.

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

Not all of his claims meet the burden of proof for investors or reporters.

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.

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

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.

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

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

If the judge requires the RIAA to meet its burden of proof in the manner that Camara insists is required — with certified records and proof of their contents — then the cost to the RIAA to bring these copyright actions will increase significantly.

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.

They went on to add that «Frito - Lay met its burden of proof; the CBSA, for its part, did not tender evidence in opposition of that provided by Frito - Lay» and that the CITT was «of the view that the CBSA has given no cogent reason whatsoever as to why the corrections were simply not accepted as such or why they were treated in the five different ways that follow».

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.

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.

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).

Generally, an inability to explain income and expenses will result in an adverse inference being drawn, or will preclude that litigant from meeting the burden of proof.

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.

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

If the Petitioner meets the burden of proof the Judge will enter a Final Judgment of Injunction for Protection Against Domestic Violence and such injunction will explain specifically the terms of the Injunction.

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

It argued that the record showed he couldn't meet his burden of proof for the prerequisites for liability under Texas Civil Practice and Remedies Code, Chapter 95, and he didn't have evidence to prove premises liability.

=========== @HawaiiGuest «Demanding that someone meet the burden of proof is in no way an argument from ignorance.»

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.

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.

Non-belief, or assuming non-existence is the only intellectually honest position to take when a group has not met their 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.»

if you are saying that the theist must meet the burden of proof to prove that God is real.

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.

They can't meet the burden of proof.

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.

If the Special Committee were to draft legislation, Justice Roggensack suggested amending Wisconsin's laws to clarify that if the Judicial Commission does not meet its burden of proof, the case will be dismissed.

The law requires that in order to meet this burden of proof, a patient must prove their case with expert medical testimony by a physician who generally practices in the same specialty as the defendant doctor.

The court here ruled that the plaintiff impugning the validity of the marriage had met the burden of proof required and satisfied the court the marriage ought to be ruled invalid.

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

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.

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

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