Few psychologists
understand rules of evidence used in family law courts or are trained in how to work with cases as difficult as these.
Not exact matches
Chad, please get busy with the empirical
evidence of any god's existence which is supported by a 2/3 majority
of physicists (the dudes who best
understand the
rules governing our reality).
It is best
understood when scholars apply to it the same
rules of analysis,
evidence and logic used in philosophy, history and literature.
@Stuart White: The Cabinet Office
rule - book (draft
of chapter 6, approved by the House
of Commons Select Committee on Justice and drawn up in consultation, I
understand, with the party leaders and with constitutional experts) lays it down that after an election the incumbent prime minister has a duty, as well as a right, to remain in office until there's clear and incontrovertible
evidence that someone else is definitely in a position to command majority support in the house
of commons.
It's
evidence of some unwritten
rule governing the division
of artistic labor that Andrew Forge's work as a teacher and critic would color our
understanding of his paintings, and not the other way around.
Then there's the problem
of quantifying the variability
of natural processes we know we don't
understand because the estimates
of various factors keep changing every year... you have to
rule these things out to make sensible emissions policy, you can't just wave your hands and say «there's no
evidence we're wrong so go ahead and spend trillions
of dollars based on this speculation over here.»
Scientific skepticism does not
rule out the possibility
of global warming; rather it seeks
evidence before drawing up disastrous «solutions» to an ill -
understood phenomenon.
The evidentiary
rulings as to relevance can only be based upon the trial judge's
understanding at that time
of what the
evidence is expected to show, and here the judge made a proper
ruling.
A federal magistrate judge, for example, doesn't need three cases to
understand that Federal
Rule of Civil Procedure 26 (b) permits a party to discover «any nonprivileged matter that is relevant to any party's claim or defense» or information that «appears reasonably calculated to lead to the discovery
of admissible
evidence.»
Second, in view
of the finding on the liability phase that the Respondent deliberately touched the four complainants in a way that an objective observer would find to be sexual and in accepting the complainants»
evidence that the touching was, to them, «blatantly sexual» there is no line
of analysis that could reasonably lead the tribunal to conclude that the Respondent's awkward, unskilled and non-empathic manner was a factor in
understanding his abusive behaviour or that it could reasonably infer that he was genuinely and completely unaware
of the ways in which his behaviour in relation to his patients was in fact abusive,» said the
ruling.
The research produced by Macfarlane and the Research Institute shows that litigants have enormous difficulty
understanding and navigating the
rules of court, the
rules of evidence, court processes and the legislation applicable to their cases, and that, unsurprisingly, they find the justice system to be impossibly intimidating, incomprehensible and inaccessible.
A judge can not act as anyone's lawyer, but will do his or her best to ensure that an unrepresented individual is made aware
of the
rules of court,
understands how to adduce
evidence, and appreciates the possible consequences
of decisions made in the course
of the proceeding.
We are intimately familiar with the
rules of evidence, both statutory and uncodified, and
understand the rationale for the counterintuitive principle expressed in Browne v Dunn.
The court referred to a
rule in the US Federal
Rules of Evidence that asserted that if expert evidence «will assist the trier of fact to understand the evidence or to determine a fact in issue» it should be a
Evidence that asserted that if expert
evidence «will assist the trier of fact to understand the evidence or to determine a fact in issue» it should be a
evidence «will assist the trier
of fact to
understand the
evidence or to determine a fact in issue» it should be a
evidence or to determine a fact in issue» it should be admitted.
This means assisting a client to
understand court
rules and procedures, including the identification
of appropriate court forms, their accurate completion, filing and service procedures, the submission
of evidence in advance
of a hearing, and next steps at any stage in a particular legal process (eg interim proceeding, full hearing, appeal etc).
In the Alberta Court
of Appeal
ruling reported as R v Wagar, 2015 ABCA 327 Justice Brian K. O'Ferrall, speaking for a unanimous court, made short shrift
of Justice Camp's judgment, at p. 1: ``... [W] e are satisfied that the trial judge's comments throughout the proceedings and in his reasons gave rise to doubts about the trial judge's
understanding of the law governing sexual assaults and in particular, the meaning
of consent and restrictions on
evidence of the complainant's sexual activity... We are also persuaded that sexual stereotypes and stereotypical myths, which have long since been discredited, may have found their way into the trial judge's judgment.»
Expert witnesses must be able to demonstrate a genuine
understanding of the procedural requirements for giving expert
evidence and, for example, they must be able to meet deadlines and produce written reports that comply with requirements set out in the Civil Procedure
Rules.
The
rules of evidence and civil procedure are complicated, and must also be
understood in light
of appellate cases that have been decided by appellate courts over the years.
This does not offend the parol
evidence rule because the goal
of considering the factual matrix is (at para 81) «to deepen the trial judge's
understanding of the mutual and objective intentions
of the parties as expressed in the words
of the contract.»
Speed: The absence
of the application
of strict
rules of evidence and precedent permits an ombudsman's office quick access to decision makers and a focused and fast
understanding of the issue in dispute and the pragmatic means for resolving it.
The former was used to suggest that
evidence rules should be
understood as an evolution, while the latter illuminated the widespread phenomenon
of a lack
of access to justice, and how
rules of evidence might impede access to justice.
Response: While we
understand that removing the specified identifiers may reduce the usefulness
of the resulting data to third parties, we remain convinced by the
evidence found in the MIT study that we referred to in the preamble to the proposed
rule [17] and the analyses discussed below that there remains a significant risk
of identification
of the subjects
of health information from the inclusion
of indirect identifiers such as birth date and zip code and that in many cases there will be a reasonable basis to believe that such information remains identifiable.
Evidence suggests that such a practice increases the child's
understanding of rules and regulations, eventually making it possible for the child to monitor his or her behavior in the absence
of the parent.
Although there is currently no universally - accepted definition
of the term «
evidence - based», the general
understanding of this concept involves support
of the safety and efficacy
of an intervention by empirical research following specific
rules of data collection, analysis, and reporting.