Sentences with phrase «with evidentiary»

[124] In addition to the evidentiary difficulties of proving the elements of native title [125] Justice O'Loughlin in De Rose deals at some length with the evidentiary problems that are seen as peculiar to native title claims, particularly in what is normally regarded as hearsay evidence.

The judge dealt at some length with the evidentiary problems that are seen as peculiar to native title claims, particularly in what is normally regarded as hearsay evidence.31 He clearly stated that he would use the discretion in Section 82 to admit evidence to: 32

The reassessments do not provide the appellants with the evidentiary foundation to establish a case for misfeasance in public office.

The DMCA assumes the temporary injunction standard is met with no evidentiary proof.

The other day, for example, Nic Lewis at Climate Dialogue (linked and praised here) pointed out how some of the TCS estimates downweighted the empirical evidence by having priors with non-negligible probability at high values, with no evidentiary support other than expert opinion.

Fortunately, this is a science site with evidentiary standards and Pat will have to do the hard work himself of tearing down the authors by understanding and rebutting the publically available and peer - reviewed research and the authors» presentation of it.

New York paid its longstanding due to Barbara Hammer this past fall, primarily with Evidentiary Bodies, an expansive survey still on view at the Leslie Lohman Museum of Gay and Lesbian Art, and an ongoing series of screenings hosted by various venues dedicated to films the pioneer lesbian filmmaker created throughout her four decade career.

Our efforts also ensured that any confidential evaluatory documents released to TEA can only be used for purposes of an investigation, and those documents must remain confidential unless produced in accordance with evidentiary rules for a contested case.

Not exact matches

«These claims are made with little or no evidentiary support, yet they have captured the public imagination.»

The most disingenuous aspect of creationism is that is alleges evidentiary problems with evolution (generally, nothing more than arguments of incredulity based in arguments of ignorance), but then invariably requires invocation of magic to patch up their «legitimate alternative.»

Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...

The larger problem that I have with this type of argument is that the evidentiary issues re: God have been very thoroughly argued out by 2500 years of philosophers, some of whom must have been the most intelligent people ever to occupy the Earth.

«Rather, the Assembly process at issue here (including the appeal) is governed by the Assembly Sexual Harassment Policy, which contains no provision for — or even any suggestion of — a full evidentiary hearing with open discovery and full cross-examination rights, either at the Ethics Committee level or in the context of an appeal,» Levine wrote.

Speaking on the importance of the forensic centre, the Commissioner said the facility which would be driven by the Ministry of Justice with active support of the Governor, will focus on DNA analysis to support the justice sector in diverse areas such as «collection and preserving reference and evidentiary DNA which can later be used in identifying criminals; decoding familial relationships of individuals which could also be a tool for the judicial system; and identifying victims and remains after natural and manmade calamities.»

Ms. Quinn continues to ignore these firmly established facts, and Mr. Miller still hasn't sent a rebuttal reply to her office, despite meeting with Mr. Miller on Monday, December 17, 2012, and urging him to respond, with my assisted help in composing an evidentiary letter (with document attachments).

However bawdy the character, she plays Helene chiefly with an unapologetic self - involvement — the unblinking, under - educated victim of her own shattered childhood, who now knows no choices other than poor, self - indulgent or some combination thereof — and in doing so shines a light on the cyclical distress of America's underclass, heartbreakingly chalking an evidentiary mark for the latter grouping in the age - old nature - nurture debate.»

The basic problem with the teacher professionalism agenda, as currently constructed, is that it rests on a shaky evidentiary and research base concerning its ability to boost student learning or to address either the quality or quantity challenges of the current teaching force.

Nevertheless, the administration tried to persuade the public that the letter with 100 signatures outweighed the one from a mere seven reading scientists, as if an educators» plebiscite could resolve the evidentiary questions about the effectiveness of the reading program.

Mr. Gladwell should acknowledge when he is speculating or working with thin evidentiary soup.

In an age of increased global interdependence, with migratory patterns and new technologies throwing the world's peoples into constant interaction with one another, the Journal now seeks submissions that examine trends across countries and that extend their evidentiary base beyond the Anglosphere.

Arguments against the wide use of informational text with students lack an evidentiary foundation and ignore the reading demands that students will face in college and the workplace.

The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required by the agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing decisions for consideration and adoption by agency officials.

Legal Neil Gaiman addresses some of the news coverage of his continuing legal dispute with Todd McFarlane, which was punctuated this week by an evidentiary hearing regarding the characters Dark Ages Spawn, Domina and Tiffany: «There are some knock - offs of the characters I've co-created that Todd published and made toys of over the years, and I felt they were derivative of the characters I'd created (or in one case, one actually was the same character I'd created).

Barnes & Noble didn't make it to court with that claim, an ITC judge has seemingly thrown those claims out before an evidentiary trial even started.

Evidentiary value: This is a retrospective study of ten dogs treated for unilateral cranial cruciate ligament rupture with a stifle orthotic.

A textured survey, «Barbara Hammer: Evidentiary Bodies,» at the Leslie - Lohman Museum of Gay and Lesbian Art in SoHo (through Jan. 28) finally fills in the blanks with drawings, paintings, photographs, sculptures and installations.

Walkthroughs of A Sudden, Sharp, Hot Stink of Fox, with curator Alicia Ritson; These are not obligations but I want to (a response in two parts) with curator, Suzy Halajian; Three Evidentiary Claims with curator, Rachel Cook and The Center for Short Lived Phenomena, with curator Clara Halpern

They're paired here with spare abstractions by the Korean painter Lee Ufan, which feature just a few evidentiary strokes of gray paint on white.

I try to avoid arbiting what «is science» and what «isn't science», and focus on the claim that with solid evidentiary backing for the prior (and, of course, the likelihood function), Bayesian inference will produce more accurate inferences than likelihood based inferences (which also assume an accurate likelihood.)

While climate change is the greatest threat, there are many other threats that, if we do not reverse them, could cause the collapse of our present global civilisation; yet far more people are concerned with beliefs that are entirely without evidentiary support than are trying to move the World toward sustainability.

Your trolls attack you for not naming names — I'm far more interested in you naming evidentiary junctures in the trajectory of climate science at which, with hindsight, you believe scientific objections ought to have been voiced, whether by you or someone else, and what you now think of the conclusions that escaped such attention.

However, the technical literature field is rife with these kinds of circumstantial evidentiary type studies proving again that careful auditing is required before slipshod science is transformed into poor policy.

There is inadequate understanding of the impact of technology upon the evidence that courts and tribunals deal with, and the need for evidentiary and procedural laws to be sufficiently flexible to deal with technologies that have different natures, uses, strengths, weaknesses and dangers.

A game room with games that teach about courthouses, evidentiary objections and jury selection.

This ethical rule must be distinguished from the evidentiary rule of solicitor and client privilege with respect to oral or documentary communications passing between the client and his lawyer.

Determining whether an invention obvious, at what point in time, to whom, and with what level of effort, all raise complicated evidentiary and legal issues that often have to be analyzed as part of patentability and validity opinions or at trial.

If there is an overriding risk that you will call someone to communicate information that could put the investigation in jeopardy or would be adversely impact their evidentiary value in some way, even when these laws exist the police can refuse you direct contact with anyone and may implement a strict «they call» policy, where they will call the lawyer and tell them, or call your family to let them know, and they can call the lawyer.

The attorney must do so by remaining regularly engaged in the expert's work, by educating everyone involved in the e-discovery workup about the legal issues in the case, the factual matters impacting discovery, including witnesses and key evidentiary issues, the obligations around discovery imposed by the law or by the court, and of any relevant risks associated with the e-discovery tasks at hand.

Thus, in our system, evidentiary rulings provide the context in which the judicial process of inclusion and exclusion approves some conduct as comporting with constitutional guarantees and disapproves other actions by state agents.

Lastly, the Court dismissed the appellant's submission that the evidentiary burden was on the respondent to establish that Ontario as compared to China, was a more convenient and appropriate forum to deal with the dispute.

Younge's refusal to allow the grandmother's care or to reunify N.M. with her parents «provided the evidentiary platform» to support social workers» petition to terminate parental rights, the appeals court said.

258 (1)(c) and 258 (1)(g) of the [Criminal] Code does not support the requirement of a lawful demand for the evidentiary shortcuts to apply,» Justice Michael Moldaver wrote, with Justices Andromache Karakatsanis, Richard Wagner, Clément Gascon and Suzanne Côté concurring.

While the crown bears the evidentiary burden to explain its decision to resile from an agreement, that requirement is likely to provide the defence with little ammunition to fight the abuse of process application.

Indeed, there is often considerable evidentiary wrangling at all stages of litigation, and those harmed as a result of possible negligence would be well served enlisting the aid of counsel experienced with the milieu of evidentiary issues that may arise.

In Queen Victoria's early reign, the courts grappled with the «public inconvenience» — as one judge mildly put it [Mortimer v. M'callan (1840) 151 E.R. 320]-- when rigid evidentiary standards demanded that original House of Commons journals or Bank of England ledgers be presented in court every time some stockjobber denied the authenticity of a law or record.

While it will be interesting to follow how this summary judgment motion progresses, this case illustrates that the expanded evidentiary powers on a summary judgment allow the Court to require that further oral evidence be adduced to assist with determining whether a genuine issue requiring a trial exists, even where the matters in dispute deal with complex technical issues.

If you are served with a subpoena you are legally required to testify and can be fined or incarcerated if you do not, unless an evidentiary privilege (e.g. attorney - client privilege, clergy - confessional privilege, doctor - patient privilege, spousal privilege) applies and most of those evidentiary privileges have exceptions in some circumstances.

Evidentiary issues is not an area of law that I spend much time with, but the reason this decision caught my attention is because I do think about how the computer age — and the capability of the internet in particular — is affecting how we make and practice law.

After evidentiary hearing with lay and expert witnesses, obtained award that was almost twice the presumptive limit under the governing guidelines.

The result with the benefit of a full evidentiary record remains to be seen.