Sentences with phrase «weigh against the defendant»

Not exact matches

A jury assessing evidence against a defendant, a CEO evaluating information about a company or a scientist weighing data in favor of a theory will undergo the same cognitive process.

That evidence had to be weighed against any evidence of prejudice to the defendant if the adjournment was not granted.

In a case where the primary evidence against the defendant is the identification of an eyewitness, a defendant should be permitted to present expert testimony on the reliability of eyewitness identification, whether or not there is additional corroborative evidence that could weigh in favor of guilt.

«Hour long depositions of unserved potential defendants regarding whether they used the infringing devices, questions speaking directly to the merits of Plaintiff's claim, not only lack specificity but weigh against the potential defendants» expectation of privacy.

Aside from whether the plaintiff can show grounds to believe that he / she / it has a good case and the defendant has no good defence, the court still has to weigh the potential or actual harm suffered by the plaintiff against the public interest in the expression.

The Sixth Circuit also noted that the defendant failed to address whether the district court might reexamine the class certification decision, and noted that both parties had filed dispositive motions, which weighed against interlocutory review.