Sentences with phrase «without hearing evidence»

The court even encourages the practice of summarily dismissing Charter applications without hearing evidence.

'' [t] he judge will... be forced to decide in advance of trial — and without hearing the evidence — whether he will forgo entirely his judicial discretion to impose some sentence of imprisonment and abandon his responsibility to consider the full range of punishments established by the legislature.

Not exact matches

Gall heard the same story about the informer «circulating in the rumor mill» in the days after the raid, but it was too difficult to corroborate without any documentary evidence.

The result was a hearing that left the NEB without actual evidence.

On the word of the Seattle Times» without evidence, without witnesses, without a hearing» Brock Adams has been driven from public life, his reputation demolished, he and his life work made infamous.

«This is a rare occurrence and I can assure Ruth Percival and James Percival that it is one I do not take lightly, but given the evidence, this is a matter that ought to be referred to the DPP and I am going to adjourn the inquest without hearing any further evidence.»

I don't know if the man in his 20's is telling the truth or not, but I don't believe everything I hear without evidence.

belief in anything without supporting evidence is a childrens game... We teach our children not to lie, judge a book by its cover, or to take anything at face value or to just believe without questioning... you know, we say stuff like check the source and don't believe everything you see / hear... should we teach seeking knowledge or to have faith in without?

And then Fr Luther was heard to be saying something that looked, superficially, like a complete contradiction of his usual theme — he wanted concrete evidence of their faith: «Dear friends, the kingdom of God — and we are that kingdom — does not consist in talk or words but in activity, in deeds, in works and exercises... a faith without love is not enough rather it is no faith at all.

Because for over a year I have listened to her on WAMC and hearings like linked above and read her musings in Newsday and in the NY Daily News where she has routinely asserted without a stitch of evidence that my industry routinely rapes and exploits my employees who suffer with no pay, no protections, no services, etc....

The actual reforms he is backing are mainly procedural - such as exchanging evidence between both sides of a case without needing hearings and improving the administration of courts.

His comments are revealed in an email to Keith Vaz, chair of the home affairs select committee which has been hearing evidence on the case for extending detention without charge.

His fate now rests with the state Democratic Party's 92 - member executive committee, which will meet on Thursday to hear evidence of the challenge and decide whether to throw out the primary results - an unlikely prospect, Democrats say, without precedent in South Carolina politics.

They say this because they think that it is what I want to hear and usually make the assertion without offering any quantitative evidence to support it.

I wanted to praise The X-Files movie without giving anything away, and I think I did that, but here are a few hints: there are little glass vials containing evidence, secret car rides, and FBI hearings.

«The request for injunction was filed with no notice to Samsung, and the order was issued without any hearing or presentation of evidence from Samsung.»

Don't worry if you don't have any documented evidence — we've still heard of people claiming successfully without it.

Don't worry if you don't have any documented evidence — we've still heard of people claiming successfully without it — eg, Nadine emailed us saying: «Only had an old itinerary for a flight that I went on four years ago and used your template.

If a dog attacks a person or other domestic animal without provocation, a hearing can be held before a judge where evidence is presented to have the dog declared dangerous.

On Tuesday, the U.S. Supreme Court hears arguments in a case about the collection of DNA evidence, and whether the Fourth Amendment prohibits police from obtaining DNA samples before conviction without a warrant.

(Skeptical Science) When these politicians are asked about the basis for their positions on climate change, they almost always respond by saying such things as they «have heard that there is a disagreement among scientists» or similar responses that strongly suggest they have informed an opinion on climate change science without any understanding of the depth of the scientific evidence on which the scientific consensus view 0f climate change has been based.

Its use must be destroyed as its led to total destruction of the scientific process trying to create proof where none exists to begin with, hense the mountain of evidence we hear the nazis preach all over the place without actually being held to any proof at all!

Historically, the LERB reviewed decisions of chiefs and presiding officers after initial investigations on a standard of review of correctness, using a de novo hearing — the appeal court refers to the lower tribunal's record to determine the facts, but will rule on the evidence and questions of law without deference (respectful submission to the judgment) to the lower tribunal's findings.

When someone has gone to a hearing on their own without an attorney, most of the time, they are losing because they did not get certain facts or evidence in that are necessary to win and those omitted facts can't be added later at the appeal level.

Courts have similarly held that a tribunal's adjudication of a case based on documentary evidence without an oral hearing does not justify a refusal under article V (1)(d).

Form FL - 1 — Statement of Claim for Divorce Form FL - 2 — Statement of Claim for Division of Matrimonial Property Form FL - 3 — Statement of Claim for Divorce and Division of Matrimonial Property Form FL - 4 — Statement of Defence Form FL - 5 — Counterclaim for Divorce Form FL - 6 — Counterclaim for Division of Matrimonial Property Form FL - 7 — Counterclaim for Divorce and Division of Matrimonial Property Form FL - 8 — Joint Statement of Claim for Divorce Form FL - 10 — FLA Claim Form FL - 11 — Response — Family Law Act Form FL - 12 — Certificate of Lawyer Form FL - 13 — Protection Order Questionnaire Form FL - 14 — Restraining Order Application Form FL - 15 — Notice to Produce an Affidavit of Records Form FL - 16 — Notice to Reply to Written Interrogatories Application Form FL - 17 — Notice to Disclose — Application Form FL - 18 — Family Application Form FL - 19 — Provisional Order Information Form FL - 20 — Notice of Confirmation Hearing Form FL - 21 — Request for Divorce (Without Oral Evidence) Form FL - 22 — Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue HardshiWithout Oral Evidence) Form FL - 22 — Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue HardshEvidence) Form FL - 22 — Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue HardshiWithout Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue HardshEvidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardshiwithout oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardshevidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue HardshiWithout Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardship Claim

At this point, it is worth pointing out that: a) such a decision is considered to be «final» in Poland after six months (i.e. Mr Kussowski can not be investigated again for the same facts in Poland) unless new «essential evidence» against the suspect is uncovered (§ 12 - 13); b) the Polish authorities — apparently without requiring specific assistance in that regard — based their decision to drop the case, inter alia, on the fact that it had not been possible to hear witnesses residing in Gemany, including the victim.

[20] I am satisfied on the evidence before me, particularly given the attitude demonstrated by Mr. Mitchell in his communications with Mr. Nazerali, that requiring the plaintiff to give notice to the respondents of this application would likely render the relief he seeks ineffective, and that it is appropriate in the circumstances for this application to be heard without notice.

The lower court's findings were «particularly problematic» given they were based so on contested affidavit evidence and without the benefit of a full hearing, said the ruling.

AE's counsel described the hearings on the applications with much of the evidence being closed and so outside the knowledge of AE and his legal advisers as being «Kafkaesque» and grossly unfair to AE without it coming anywhere near satisfying the requirements of Art 6.

The rules of evidence are relaxed and the hearing is usually conducted without full disclosure having been made to the defence.

The judge must hear your case, your evidence and all that you and the other lawyer or the other party have to say without bias and without favouring either you or the other party.

Where a complaint could fairly be determined on written evidence and without oral submissions, given the nature of the jurisdiction and the desirability of speedy decision at minimum cost and with minimum formality, it was normally not necessary for the ombudsman to hold a public hearing.

The defendant asserted that, without some medical evidence there was nothing to suggest that the claimant's hearing loss was noise induced as opposed to constitutional given his age; it would be disproportionate to require the defendant to go to the expense to retrieve the records when the proposed claim was so speculative.

Furthermore, it did so without holding an oral hearing and did not invite the parties to address the matter or consider any further evidence or expert opinion.

A court order (judgment) dismissing a claim summarily, without a full hearing on the evidence, upon application, and based on the allegation that there is no claim or defence with a reasonable prospect of success.

The purpose of the FDR is to encourage settlement without the need for a final hearing in which the judge will decide the issues on contested evidence.

The panel also took issue with Mr. Groia's repeated requests for a witness, Mr. Brown, to be called on a voir dire (a hearing to determine admissibility of evidence), without making any submissions on this point (paras.

If a hearing that the party has specified is held without a jury, or with a jury in an area named in Schedule 1, evidence given and submissions made in English or French shall be received, recorded and transcribed in the language in which they are given.

«The process for a judge hearing a non-suit application is to ask whether, based on the evidence presented by the plaintiff, taken at face value and without being weighted, there is enough evidence for a prima facie case against the defendants.

Even without notice, under s. 727 (3), the court may still impose an increased penalty after hearing evidence of the prior criminal record:

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.

Some of my cases going to a judgment in the last few years were: Click to open judgment in fresh window (Scottish Courts site) Insurance implications of playing «Happy Birthday» on the piano Damages for psychiatric illness caused by bereavement Judicial approval of the Hohfeldian analysis of rights Leading case on fair rent assessment Title raiders and retrospective rectification Leading case on competency of hearsay evidence Detention ordered by children's hearing: Articles 5 and 6 of ECHR No damage suffered by making a smaller profit than expected «In a well - regulated legal universe black holes should not exist» How much is half a home worth, with or without a mortgage «Reasonably obtained» held not to include unethically obtained Leading case on children's hearing system and ECHR Attempt to judicially review SNP; petitioners held not to exist Unlawful for council to charge for property enquiries Fair sharing (100 % to nil) of matrimonial property

I have heard (without evidence) that US companies have lost business internationally since the Snowden revelations on just this ground.

However, in circumstances where the presiding judge has heard the totality of the evidence and concludes that the Crown proceeded capriciously, or without a reasonable prospect for conviction, the government should be held accountable for its choices and the defendant should be eligible for compensation.

The Prosecutor should consider whether the hearing can be conducted by a factual summary and submissions without the necessity of calling evidence or by conducting a focused hearing dealing with only issues that are in dispute.

Hearings involving one or more litigants without counsel usually take longer to conclude because of litigants» difficulties with the rules of court, the rules of evidence and the legislation governing their application.

There is a further reasoned order in the same case made on the 5th October 2016 (i.e. without the expense of a hearing) in which Roth J. dismissed the Defendant's application to adduce late expert evidence, since this would be prejudicial to the Claimant.

If I were sued for claiming that i «m aware of 5 allegations and provided proof of the 3 that others have heard of, without revealing any information about the two individuals who confided to me personally and who's identity I wouldn't reveal, could I still be found guilty of slander / libel for making claims I refuse to prove about the two confidential allegations even though circumstantial evidence (in the form of other rape allegations being made) suggest that it's plausible that someone who is known to be an advocate for women in the community that Joe targets would hear of other allegations?

It follows that all of the elements of this offence are satisfied as a legal matter — with the important exception of whether Wright was a person who had «dealings with the government», something that can be decided as a matter of law without hearing any more evidence.