Sentences with phrase «whether standard of proof»

Sentencing fans have their SCOTUS cups running over this morning: in addition to the cert grants on a pair of cases dealing with the application of the statutory crack sentences in Dorsey and Hill (basics here), the Supreme Court also grant cert on a long - simmering Apprendi issue: namely whether standard of proof jury trial rights set forth in Apprendi and its progeny apply to the imposition of criminal fines.

Clegg also said he had tasked Lib Dem president Tim Farron with reviewing whether the standard of proof should be changed in internal disciplinary reviews.

Not exact matches

It is illegal to purchase HGH from an overseas company; their regulatory standards are nil, which means there is no real proof of the quality of the HGH, whether or not the medication is in fact real HGH, or whether or not the medication has not been tainted by any bacteria.

Standard Form 180, Request Pertaining to Military Records, is used to apply for proof of military service regardless of whether you served on regular active duty or in the selected reserves.

Whether your claim is «proved» will depend on whether the facts are disputed, the standard of proof, your credibility (potentially including how you respond to cross-examination), and the existence and credibility of any inconsistent evWhether your claim is «proved» will depend on whether the facts are disputed, the standard of proof, your credibility (potentially including how you respond to cross-examination), and the existence and credibility of any inconsistent evwhether the facts are disputed, the standard of proof, your credibility (potentially including how you respond to cross-examination), and the existence and credibility of any inconsistent evidence.

On the question in the instant action of whether to grant an injunction or make an ASBO in substantially similar terms, given the criminal standard of proof applying to ASBOs, the Court of Appeal considered it «would be bizarre, not to say irrational, if the standard of proof in answering the two questions were different».

As a rule, the relying party takes the risk of inauthenticity, whether negligent or fraudulent (assuming that the fraudster can not be found or is judgment proof), so that party gets to set the standard — which may vary from user to user.

The standard of proof that a plaintiff will need to meet depends on whether the negligence was medical or non-medical in nature.

The issue arose as to whether the general commissioners had erred in applying the criminal standard of proof to the issues of whether there had been negligent submission of incorrect returns and whether or not there had been understated profits.

Whether move out of state by parent with joint legal custody and primary physical custody would be sufficient to satisfy standard of proof required for modification of child custody orders depends upon facts.

On the question of whether the Dean was biased, the Court emphasized that the threshold of proof for establishing bias is high and found that none of the actions complained of met that standard, whether seen individually or cumulatively.

As a consequence, the question at WCAT proceedings should have been whether the Board and the Hearing Officer erred in making the determination — the burden of proof lies with Maritime Paper to prove, on the civil standard, that «it was more likely than not that Mr. LeBlanc was not entitled to a PMI of 14 %» [see para. 26].

The appeal concerned two important issues: firstly, whether a judge appointed for a short renewable term had security of tenure sufficient to satisfy the constitutional guarantee of an independent and impartial court, and secondly whether the decision to try the case by judge alone was to be decided on the criminal standard of proof.

With respect to civil forfeiture, civil courts, now the functional delegates of criminal adjudication, determine whether the property at issue is the proceeds of crime, on reduced standards of proof.

Ultimately, however, whether or not a court is satisfied that the claim has been made out will depend upon a full consideration of all the factors pertaining to an individual vehicle; this will usually be established to the requisite standard or proof only by commissioning an engineer to examine the vehicle in its repaired state.

Note: For the standard of proof to be applied in determining whether a contravention of the primary order has been committed, see section 70NAF.