Sentences with phrase «upon the evidence presented»

I am tempted to leave it to the reader to make a decision between these viewpoints upon the evidence presented, but I think this is too critical a point to just let drop.

While I am a U.S. attorney, the U.K. and U.S. are essentially the same on these issue in practice: «reasonable wear and tear» is a classic issue of fact to be decided by the judge (unlike the U.S. there are never juries in U.K. landlord - tenant disputes) based upon the evidence presented to him and his or her good judgment if the case goes to court.

«A judge may only rely upon the evidence presented at trial, except where judicial notice may be taken,» stated Justice Mary Saunders.

Arguments must be based upon the evidence presented to the court and any relevant legal point you wish the court to consider.

An appeal is used to see if a lower court made a mistake based upon the evidence presented.

Not exact matches

While the conclusions are naturally based upon this evidence, some can be stated in summary form, which I present here to give the reader a preliminary orientation.

Yet we are witnesses to the amazing spectacle of the uncritical acceptance of this unscientific and romantic assumption by men who, in every other sphere of life, pride themselves upon their devotion to evidence presented by «the hard stuff of the world of physical and social experience.»

«Although this decision puts on hold the justice that New Yorkers got upon Silver's conviction, we look forward to presenting to another jury the evidence of decades - long corruption by one of the most powerful politicians in New York State history.

Kim's statement goes on to say, «Although this decision puts on hold the justice that New Yorkers got upon Silver's conviction, we look forward to presenting to another jury the evidence of decades - long corruption by one of the most powerful politicians in New York State history.

«Based upon the investigation that my office has conducted to date regarding the July 17, 2014, death of Eric Garner, and after a careful review of the recent findings of the Medical Examiner regarding the cause and manner of Mr. Garner's death, I have determined that it is appropriate to present evidence regarding the circumstances of his death to a Richmond County Grand Jury,» Mr. Donovan said in a statement.

«Although this decision puts on hold the justice that New Yorkers got upon Silver's conviction, we look forward to presenting to another jury the evidence of decades - long corruption by one of the most powerful politicians in New York State history,» he said.

If there is anyone reading this letter who can offer their urgent help for an honest investigation (like the one recently imposed upon Assemblyman (and employed sexual predator) Vito Lopez, I would be happy to present a chronology of solid evidence to support my languishing case.

However, rather than cooperate, «Abelove quickly and surreptitiously presented the case to a grand jury,» before whom he withheld material evidence and «took the extraordinary step of conferring immunity upon» the Troy police officer who shot Thevenin, the AG said in a statement.

«Although this decision puts on hold the justice that New Yorkers got upon Silver's conviction, we look forward to presenting to another jury the evidence of decades - long corruption by one of the most powerful politicians in New York State history,» Kim said.

In the present study, we provide evidence that inhibition of the RARs at a very low daily dose (1.0 mg / kg) for a treatment period of up to 16 weeks consistently produced male sterility that was reversible upon cessation of the treatment.

Rather than a plea for more research to enhance the insufficient base of evidence, the text presents a blunt fiat, based upon expediency rather than anything else.

Upon presenting yourself in the courtroom, all the evidence you have gathered will be shown to the judge.

Failure to present such evidence upon request will be prima - facie evidence of non-compliance.

I've presented the evidence in my site for anybody to read and comment upon.

Let the investigation run its course and the evidence be presented and concluded upon.

@John Coochey You can prove that Monckton has a case by presenting a list of his most central claims that bring down the foundations of climate science as it concerns the specific issue of enhanced greenhouse effect due to fossil fuel greenhouse gas emissions, and an accompanying list of evidence directly relevant to these central claims, and an accompanying logical argument based upon the current state of scientific knowledge.

No matter what type of trial or what amount of evidence is presented at trial, jurors are never satisfied with the amount of evidence that they must rely upon to make a decision.

Appeals to emotion arise when a person «instead of presenting evidence for a conclusion, attempts to win approval for it by playing upon the feelings of those to whom the argument is addressed.»

Given the obvious inequality of arms between the SRA and respondents, it seems that the answer to any SRA concerns would be to ensure cases of alleged disciplinary breaches are investigated properly and only presented to the SDT by way of clearly formulated allegations where clear evidence exists rather than rely upon a reduction in the burden of proof.

knowingly procure or assist in the preparation of or rely upon any false evidence presented to the tribunal or the LCIA Court (Annex, para 4);

That parent will have a second opportunity to make their case for the proposed move at trial where they may well be in a position to adduce evidence establishing that the present circumstances are having a deleterious impact on the child's physical or emotional needs; and having lost their initial chambers application, the moving parent no doubt will come away from the experience as a «dress rehearsal» having learned all the flaws and gaps in their factual / legal presentation that they can improve upon and fill in for the trial judge.

● how scientific evidence fits within a prosecution or defence case and how decisions made during investigations impact upon evidence which may be presented at trial.

The three analogies: (1) whereas a pre-electronic paper record can be symbolized by a piece of paper in a file drawer, an electronic record is like a drop of water in a pool of water, i.e., it is completely dependent upon its ERMS for its existence, accessibility, and «integrity» (as that word is used in the electronic records provisions of the Evidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and inEvidence Acts; e.g. s. 31.2 (1)(a) CEA); (2) if expert opinion evidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and inevidence were rendered admissible in the way that electronic records are, there would be no evidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and inevidence presented, nor cross-examination allowed, as to the qualifications of the expert witnesses, i.e., the «qualifications» of an electronic record being the state of records management of the ERMS in which it is stored; (3) going from a horse - powered transportation system to a motor vehicle - based transportation system has required a vast amount of new laws, regulations, and enforcement personnel, including police officers, judges, and lawyers, i.e., stepping up to a new technology requires that it be controlled by new laws and regulations, otherwise it will cause injury, damage, and injustice.

The amount of compensation you can collect depends upon the extent of your damages and the strength of the evidence you present.

In the present case, the ECtHR highlighted the detailed legislative scheme intended to ensure that evidence from the absent witness could only be relied upon in limited circumstances.

The first is simply to present the hearsay evidence addressing all the points mentioned above and relying upon the cumulative effect of that evidence.

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.

Present your value, evidenced by how you've contributed to, grown and improved other organizations, and you'll impress upon the target company that you can make a strong, positive impact there as well.

Duties listed on sample resumes of Crime Scene Investigators include responding to a crime scene upon notification; conferring with supervisors on the scene; interviewing victims or witnesses present at the scene; collecting, bagging, and securing the evidence; and completing all proper paperwork pertaining to the scene.

The court recognizes the date a separation agreement is entered into and finalized by the parties, any other mutually agreed - upon date specified in such an agreement, or any other date the court decides is fair and equitable after testimony is taken and evidence is presented.

See also the emphasis on «equal and due treatment» in the Canadian Supreme Court's recent discussion of placing «due weight on Aboriginal perspectives» and ensuring its supporting evidence an «equal footing» in Mitchell v Minister of Natural Revenue [2001] 1 SCR 911, relied upon the State of Victoria in the present appeal as correctly setting out the applicable approach: Written Submissions of the First Respondent (State of Victoria), at 16.

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

Williams Real Estate Co., Inc. v. Ann Taylor, Inc. (251 A.D. 2d 230)- no basis upon which to seek a brokerage commission where exclusive brokerage agreement did not contain a protection period and first substantive negotiations occurred a year and a half after expiration of the exclusive brokerage agreement; broker's claim for commission against tenant fails where exclusive brokerage agreement provides that broker would seek a commission only from landlord of the premises; broker fails on procuring cause standard where there is no evidence the broker brought the parties together on mutually agreeable terms; no evidence presented that tenant acted in any manner to deprive broker of a rightful commission.

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

38 DOS 98 Matter of DOS v. Hargrave - proper business practices; unlawful for real estate broker licensed in her individual name to operate under an assumed named without license under the assumed name; licensee immediately ceases to operate under assumed name upon being so advised by DOS investigator; no evidence presented of any harm to the public arising out of violation; broker reprimanded

128 DOS 93 Matter of DOS v. Vuksanaj - motion to conform pleadings to proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the «broad framework of the pleadings»; broker's authorization to execute lease on behalf of landlord must be in writing to be valid (G.O.L. § 5 - 703); no commission earned on void lease (due to lack of written authority for broker to sign for landlord); broker is undisclosed «double agent» - thus «fails to make clear» for which party he is acting (NYCRR 175.7); broker is not «managing agent» under NYC Rent Stabilization Code unless (i) broker has ownership or financial interest in property or (ii) performs managerial duties; separate escrow account (§ 175.1) not required when broker is not holding escrowed funds; holding funds overnight does not trigger requirement for escrow account (returned next day upon demand); unlicensed name used in commission agreement but lack of intent to mislead considered in mitigation; restitution of unearned commission

Rather, the outcome of trials depends entirely upon what the judge or jury believes, based on the evidence presented at trial, to have happened at the relevant time.