Sentences with phrase «upon the evidence heard»

Not exact matches

If, upon hearing the evidence and testimony of the parties and their witnesses, the committee shall sustain the charges, it may suspend the defendant from the privileges of membership in the Club for a period not exceeding six months from the date of the decision, except that a defendant so suspended shall be permitted to pay dues owed during such suspension.

The hearing officer shall issue a written determination based upon a preponderance of the evidence, which shall be mailed to the owner within seven days after the hearing is completed.

The court has, in many cases, been prepared to hear argument and see evidence from them (usually on limited issues) and has also been prepared to consider costs awards against them and in their favour depending upon the outcome of their involvement.

The Argersinger rule also tends to impair the proper functioning of the criminal justice system in that trial judges, in advance of hearing any evidence and before knowing anything about the case except the charge, all too often will be compelled to forgo the legislatively granted option to impose a sentence of imprisonment upon conviction.

based upon her personal observations gleaned from a visit to petitioner's club, as well as her review of the dances depicted on the Nite Moves DVD entered into evidence at the administrative hearing and her interviews with certain of the club's dancers, the expert opined that «the presentations at Nite Moves are unequivocally live dramatic choreographic performances.»

The question whether a corporation is a «person» within the meaning of this amendment really does not arise except, perhaps, where a corporation is called upon to answer a bill of discovery, since it can only be heard by oral evidence in the person of some one of its agents or employees.

If evidence is not available until after the presumptive period within which claims should be addressed, s. 101 ought not to preclude ICBC from relying upon any evidence available at trial, and should not limit the evidence that either party can lead at the hearing.

A court order (judgment) dismissing a claim summarily, without a full hearing on the evidence, upon application, and based on the allegation that there is no claim or defence with a reasonable prospect of success.

27 (1) Subject to subsections (3) and (4), the Small Claims Court may admit as evidence at a hearing and act upon any oral testimony and any document or other thing so long as the evidence is relevant to the subject - matter of the proceeding, but the court may exclude anything unduly repetitious.

Doing so enables the tribunal member to understand the issues in dispute and to ask questions at the hearing which clarify the issues and the evidence upon which the reasons must be based.

Depending upon the nature of your appeal and the evidence we feel will be necessary to conduct a meritorious appeal we will regularly obtain witness statements, expert reports from a forensic toxicologist and other materials (photographs, internet maps, data, and other information) prior to the hearing.

Government proposals to increase the number of court hearings held in secret, and in which parties can only see minimal evidence relied upon by the court, have been severely criticised by the «Special Advocates» who play the central role in closed hearings.

«In an obvious effort to protect the Bay Street lawyers, Justice J. Bryan Shaughnessy refused to listen to Best's recordings, refused to consider the new evidence of his innocence and refused to allow him to cross-examine the very lawyers and witnesses that the judge relied upon to convict and sentence Best at the secret hearing.»

«The paragraph relied upon by the trial judge and the sentence he emphasized hardly signalled a system by which a trial judge could «short circuit» a trial even though there was further evidence to be called, and submissions to be made, simply because he or she thought they had «heard enough,»» Akhtar wrote.

After hearing all of the evidence, and after listening to both lawyers explain their side's view of the evidence, the judge or jury makes a finding based upon what they have heard and considered.

Most expert evidence routinely heard and acted upon in the courts can not be scientifically validated.

If a vehicle owner receives a notice that the State intends to suspend their driving privileges because they've failed to give evidence of their financial responsibility, the vehicle owner is then entitled upon request to a hearing.

Depending upon the basis for your motion and the nature of the evidence brought out during the discovery process, a plenary hearing might be required in which the parties appear and testify.

If there are no issues of fact in your case, and you are arguing with your spouse over whether an undisputed set of facts justifies setting aside your agreement, you may have a summary hearing, where the court reviews pleadings and affidavits and makes an order based upon the evidence in the case file.

The assessment of what is the most reliable evidence about that subject was quintessentially a matter for the primary judge who heard the evidence that was given, and questions of whether there could be later modification to the laws and customs identified do not intrude upon it.

The decision will be based solely upon the arguments, evidence, and testimony offered during this procedural review hearing.

26 DOS 99 Matter of DOS v. Bronson - failure to pay judgment; DOS fails its burden of proof; failure to appear at hearing; ex parte hearing may proceed upon proof of proper service; DOS fails its burden of proof to establish broker made false statement with intent to deceive regarding property conditions; broker negligently makes misstatement to buyer; failure to pay judgment demonstrates untrustworthiness unless broker presents valid evidence of inability to pay; broker fails to appear to provide evidence; submission of unverified written answer is insufficient evidence to prove inability to pay judgment; broker's license suspended until broker submits proof he has fully paid judgment

321 DOS 00 DOS v. Kerr - deposits; failure to appear at hearing; failure to pay judgment; disclosure of agency relationships; material misstatement on application; failure to cooperate with DOS investigation; ex parte hearing may proceed upon proper notice; broker fails to provide RPL § 443 agency disclosure notice to landlord / client prior to entering into listing agreement; broker commits conversion upon exercising unauthorized right of ownership over rental deposits and payments collected on behalf of principal; failure to satisfy judgment is demonstration of untrustworthiness unless broker presents valid evidence of inability to pay; failure to respond to DOS request letter constitutes failure to cooperate; material misstatement on application by denying prior license suspension; broker's license revoked

199 DOS 98 Matter of DOS v. Wheeler — due process; failure to appear at hearing; failure to cooperate with DOS investigation; deposits; proper business practices; ex parte hearing may proceed upon proof of proper service; broker improperly conducted business under name other than that on his licensed as evidenced by signs indicating a different name; broker fails to provide agency disclosure form to buyer prior to entering into agency relationship; broker failed to deliver duplicate original of instrument to client; broker commingled funds by depositing deposit check into operating account; untrustworthiness demonstrated by failure to return deposit when offer not accepted; failure to comply with DOS investigation; broker's license revoked

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained

The written statement should include documents and other evidence upon which the association intends to rely in any hearing by the National