Sentences with phrase «without evidentiary»

Without an evidentiary bridge to the specific circumstances of the plaintiff, statistical evidence is of little assistance, which is why such general trends are not determinative in particular cases.

United States First Circuit, 10/11/2010 US v. Brown Defendant's conviction for possession of cocaine base with intent to distribute is affirmed where: 1) although the district court's factual findings and the inferences made from those findings, which formed the basis of its conclusion that reasonable suspicion existed to stop a car, are not compelled by the record or by the facts, both are nonetheless reasonable and therefore pass constitutional muster; 2) the affirmance of the district court's finding that the officers had reasonable suspicion to stop the car forecloses the need to address defendant's challenge to the district court's alternate conclusion that the car was not seized when the officers first approached; and 3) there was no abuse of discretion in the district court's denial of defendant's motion to suppress evidence without an evidentiary hearing.

The Ninth Circuit majority was particularly concerned with the trial judge's resolution, without an evidentiary hearing, of a motion seeking her recusal.

The Master erroneously relied upon the mere passage of time and bald assertions that defence witnesses might not be available without any evidentiary foundation.

[29] Self - represented litigants whose aim it is to protract court proceedings to force the other side to expend significant resources on legal costs due to scurrilous allegations that are without any evidentiary foundation and are entirely irrelevant to the issue before the Court will meet the hammer of a cost's award.

But at this stage, without any evidentiary development, we must accept his allegations otherwise as true,» the opinion states.

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.

Or making assertions without any evidentiary basis: «It seems obvious that some form of adaptation will be necessary» — obvious based on what?

This guy is, in essence, asserting that at that time no one knew anything about places they didn't live, therefore if anything they said about Israel is accurate then they were there and eyewitnesses to everything and the gospels are correct and magic happened, which is completely moronic and without evidentiary support.

Not exact matches

In the event that the Court that approved the summons is not prepared to quash it without further information, Berns has alternatively requested that the Court schedule an evidentiary hearing and allow Berns to obtain documents and a deposition from the IRS.

We are very concerned, however, that at the state level change is being imposed in a rapid manner and without high - quality evidentiary support.

The more I think about it the more I believe that this is a smoke screen used by a government agency to rally public discord away from their own bureaucracies which via their HST, land transfer taxes and mortgage insurance rules — all percentages calculated on the sale price of the home by the way — do more to inflate house prices without providing any evidentiary benefit to the homeowner.

«Google's request is DENIED without prejudice to renewal after a more complete evidentiary record has been developed through discovery.»

Justice Brown wrote, at paragraph 36, «By resorting to rule 20 to compel the self - represented appellant to deliver an expert report, without meeting their own evidentiary obligations as moving parties under the rule, the defendants used the rules in a procedurally inappropriate manner.»

If there are accusations about domestic violence in a child custody case, the judge has to hold an «evidentiary hearing» (a trial before a judge without a jury) to decide whether a parent has engaged in one or more acts of domestic violence against the other parent, the child, or another family or household member.

It was not feasible to summarily decide the issue of recovery under the Settlement without a full evidentiary basis for a determination of causation.

«The sanctions ordered by the Court far exceed the bounds of appropriate remedies for what this Court concluded were intentional misrepresentations, a conclusion that was reached without proper procedural protections and that lacks sufficient evidentiary support,» lawyers for the department said.

If you settle the claim without filing a lawsuit, then you free yourself and your loved ones from the time and stress caused by court, court related proceedings and evidentiary issues, including:

This means that evidentiary standards were disregarded at the trial level and rubber stamped with PCAs (per curiam decisions affirming without opinion) at the appellate level.

My point was that without a full evidentiary record, most interlocutory orders made by judges are premised on faulty assumptions or untested evidence about the domestic history of the parties or their division of childrearing and household duties (which can become relevant for spousal support or custody / access issues).

In turn, appellate courts since Kumho have focused on whether the trial judge abused his discretion in admitting or excluding the testimony and, in some cases, have examined, without focusing on the Daubert factors, whether the expert testimony satisfied other evidentiary standards such as whether there was an adequate factual foundation for the expert's testimony.

In turn, appellate courts since Kumho have focused on whether the trial judge abused his discretion in determining admission and, in some cases, have determined whether, without focusing on the Daubert factors, the expert testimony satisfied other evidentiary rules, such as whether there was an adequate factual foundation for the expert's testimony.

In Hunt v. Carey Canada Ltd., 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959 — still the leading case on the plain and obvious test — it was stated that, for this purpose, pleadings are to be read generously without regard to drafting deficiencies, and that questions that are important and difficult should be left to be dealt with on the basis of a full evidentiary record at trial.

The approach advocated by the Commission gives full weight, as a matter of interpretation, open in the text, to the word «traditional» in sub-sec 223 (1), and avoids the mockery which would be constituted by mandating failure of a claim if there be any gap revealed in the admissible (eg non-hearsay) evidentiary description of the social and religious conduct of people without writing from pre-1788, continuously, until and during the shock and disruption of non-indigenous settlement.

11) A competent jurist would not conduct an evidentiary hearing on a first appearance without notice, resulting in orders suspending child contact on such grounds as «prohibited alcohol related gestures» when no other «unfit» evidence could be offered.

For the record I think it's necessary to clarify something that has been implied by another contributor here to this storey, as it relates to one particular comment made by the Tribunal Chair, and it is as follows: «[28] I can not recommend strongly enough that the parties make every conceivable effort to resolve the complaint without the acrimony and, indeed, the expense of a protracted evidentiary hearing.»