Sentences with phrase «to meet this burden»

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.

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

As a result, the court determined that the school district did not meet its burden in proving that service was improper.

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.

(3) The employee must present information meeting this burden at the time of the verification interview.

The employee must present information meeting this burden at the time of the verification interview.

He is, at present, far from meeting that 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 all of his claims meet the burden of proof for investors or reporters.

And cutting that tax would stimulate hiring and help low - income families meet the burden of new taxes on harmful activities.

If police meet this burden, driving privileges are revoked for at least a year or more.

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

With the accelerated benefit it allows you to meet that burden as it comes and not after it has already crushed the family finances.

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.

«The government has not met its burden of showing likelihood of success on appeal on its arguments with respect to the due process claim,» the judges wrote.

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

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

The Arizona Court of Appeals concluded that the record did not establish Husband met his burden of proving Wife's cohabitation supported a termination of her spousal maintenance, but did conclude the trial court could consider whether Wife's cohabitation provided a basis for the trial court to decrease her spousal maintenance.

The Court of Appeal affirmed, determining that the defendant met its burden on the negligence and premises liability causes of action by explaining that it is a public entity and is generally immune from common law tort causes of action.

Justice Strickland, in 0871768 B.C. Ltd. v. Aestival (Vessel), 2014 FC 1047, considered whether a responding party could take the position at a hearing that the moving party had not met its burden on the motion but also submit that if the court found the burden was met, the respondent be permitted to file responding evidence later.

Lu only insisted that her actions were not «inimical to safety» and cited the «arbitrary and capricious preferences» of the flight attendants in an attempt to meet her burden under § 44902 (b).

Second, if the plaintiff meets this burden, the defendant may produce evidence that his refusal to rent was based on legitimate, non-discriminatory considerations.

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».

In November 2017, he achieved precedent - setting victories for investors, when the Second Circuit Court of Appeals held that direct evidence of price impact is not always necessary to demonstrate market efficiency to invoke the presumption of reliance, and that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence rather than merely meeting a burden of production.

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

«It is clear the petitioner has failed to wholly meet his burden,» Mr. Carter wrote in his decision to throw out the case.

o Would reduce meeting burdens and eliminate some overlapping / unnecessary hearings and tours, to allow Members better focus on more important oversight (as consistently requested by good government advocates).

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.

One of their biggest tools: a motion early on in the case, for a «summary judgment,» arguing to the trial court judge that the plaintiff can not meet the burden imposed under Florida Statute 768.0755 and therefore, the case should be dismissed.

Moreover, the Court of Appeals concluded that Husband «has [not] met his burden of convincing us by the preponderance of the evidence that he was involved with Son like the father was involved with raising his children in Paparella.»

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

However, at trial, the appellant provided an «insufficient factual underpinning» to ground compensation for loss of earning capacity; the Court of Appeal found this part of the claim failed because the judge found the appellant did not meet the burden described in the Perren decision — the trial judge simply did not accept the appellant's evidence of his limitations and anecdotal evidence from other witnesses did not shore up his testimony.

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.

While traditional lending institutions have carefully cultivated their customer base and are great at servicing their local communities, marketplace lenders have begun to leverage technology to help meet the burdens and requirements that typically delay processing time, and are able to do so without sacrificing quality assurance throughout the due diligence process.

The proposed comment further stated that a creditor does not meet its burden by issuing disclosures required under § 1026.19 (e) that mirror disclosures already issued by the mortgage broker for the purpose of demonstrating that the consumer received timely disclosures.

[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.

458:23 - a (2004); see In re Pfeuffer, 150 N.H. 257, 837 A. 2d 311 (2003)(applying shifting burden statute; noncustodial parent met his burden to establish that proposed relocation was not in child's best interests).

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

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.

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

Third, if the defendant meets this burden, the plaintiff must prove that the reasons asserted by the defendant were pretextual.

The new wrinkle was plaintiffs arguing «that Defendants have not met their burden in proving impossibility because the First Amendment protects their right to communicate non-FDA approved information through other means.»

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.»

In a ruling last week, Judge Ernest Goldsmith said Google could arrange its search results however it wants, as it «met its burden of showing that the claims asserted against it arise from constitutionally protected activity.»

Non-owner employees don't have to meet that burden, nor do they need to fund the employer's share of CPP premiums for themselves or forfeit EI coverage.

But that's a big deal: business owners need to have the discretion to save and invest retained earnings as they see fit, to meet the burdens of responsibility they bear for their employees and new demands to grow their businesses to meet an emerging future.

The DOJ thought that that was harmful to competition, they sued, went before a court, and a court disagreed with the DOJ, saying it didn't meet its burden, and the merger went through.

I don't think he can meet that burden.

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