The research papers relied on by the Appellant, although of some evidential value, are very general and speculative. |
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With the case approached that way, he submits that it is not necessary to plead the evidential estoppel. |
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If you think it does not or may not have any evidential value, then you put that out of the equation as far at the prosecution are concerned. |
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In purely evidential terms it is to his credit that he accepted that he sometimes did work on this basis. |
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It is a matter of law for the judge to decide whether the defendant has satisfied this evidential burden. |
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Instead, passing a series of procedural hurdles would provide the necessary evidential basis. |
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The defence rightly perceive the evidential difficulties which arose in relation to it as one of the points which they could properly exploit. |
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However, at paragraphs 9 and 10 the inspector introduced an evidential presumption in favour of the map. |
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An evidential rushed effort to complete telling the tale seem to plagued the book's finalising chapters. |
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A defendant bears an evidential burden in relation to the matter in subsection. |
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I know there are evidential or empirical arguments for God's non-existence. |
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Its subject matter appears to be procedural and evidential rather than substantive. |
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Statutory presumptions placing an evidential burden on the accused do not breach the presumption of innocence. |
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It is said that the proven circumstances do not support an inference of confinement which is of evidential value in law. |
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Now that there is a statutory definition, evidential criteria do not form part of the formulation of the question to be decided. |
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But the comparators that can be of evidential value, sometimes determinative of the case, are not so circumscribed. |
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Accordingly, there is no evidential basis upon which the appellant can assert that this is not an available alternative location. |
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The first is that it was the defendant's evidential case that was being tendered. |
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In such a case the tribunal does not have to refer back its evidential analysis for further submissions. |
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As already noted, there are two prerequisites to the evidential shift in the burden of proof from the complainant to the other party. |
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I do not think there are any good evidential or other reasons for belief in a supreme deity, much less a benign and all-powerful one. |
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A spokesman said the area close to the A64 had been sealed off purely for evidential purposes, and there was no safety risk. |
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Anyone who fails the test is arrested and is required to perform an evidential breath test at a police station. |
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There was a police investigation but no prosecution followed because of evidential problems. |
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I hope we can do this without dramatising it, but rather evaluate it and look at it from a scientific and evidential point of view. |
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The evaluation would certainly have greater evidential value if all of the committees and delegations of the European Parliament had responded. |
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The net effect is the same however: the evidential onus on the accused is simply to raise a reasonable doubt. |
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The area of admissibility and evidential value is one where uncertainty is still predominant. |
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The purpose of article 9 is to establish both the admissibility of data messages as evidence in legal proceedings and their evidential value. |
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In such cases, the testimony given at that stage does not need to be repeated at the trial in order to acquire full evidential value. |
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Establishing evidential links between the person or persons who commissioned the crime and the act itself is an extremely complex undertaking. |
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The diary entry had accordingly no significance or evidential value. |
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If you are not sure, disregard it because it has no evidential value. |
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Science is a deeply social enterprise, relying on the work, cooperative and competitive, of generations of inquirers, and their pooled evidential resources. |
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The latter is a much more open question, not foreclosing the possibility of radical surprise but insisting that there should be evidential backing for what is being asserted. |
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The section could only be rendered compatible by reading it as imposing simply an evidential burden on the defendant, rather than a burden of proof. |
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The onus which is placed upon the defendant is not an evidential one but a persuasive one, so that the defendant will be required to discharge the burden of proof. |
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The principle of proportionality requires the House to consider whether there was a pressing necessity to impose a legal rather than an evidential burden on the accused. |
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Proof is arrived at after the evidential facts given in the reports have been weighed and the unmeasurable factors taken into account. |
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The statutory amendments shift the evidential burden of proof to the respondent if the complainant proves what he or she is required to prove at the first stage. |
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The evidential burden of establishing betterment is on the defendant. |
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The archivist must constantly draw attention to the critical importance of the documentary heritage and its cultural and evidential value. |
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The indicative mood, or evidential mood, is used for factual statements and positive beliefs. |
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It therefore considers that these certificates have no evidential value. |
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Although provision of such laws represents considerable progress, it is often difficult for a woman to press charges because of the evidential rules concerning the crime. |
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The first is the evidential test where we have to be satisfied there is enough admissible evidence to provide a realistic prospect of conviction. |
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There is no evidential coincidence at all that over the period it has been place the long gun registry has reduced crime with firearms in any way, shape or form. |
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All of our investigations are carried out to meet the highest evidential standards removing any risk that the incident transpires to be more serious than anticipated. |
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Both animals showed significant evidence of axial intestinal mixing, with the male panda demonstrting a greater percentage of evidential mixing. |
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Advance payment also performs an evidential function, but, unlike earnest money, advance payment never secures performance of the contract. |
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Audi considers whether Chisholm might be able to incorporate into his epistemic system an internalist evidential grounding requirement. |
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The exchange of evidential conclusions between countries using different standards could, in particular cases, show that opinions differ on the question whether identification is beyond any doubt. |
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Several other writers and scholars have challenged the evidential basis for Cohen's and others' views about this interest of Dodgson. |
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From an evidential perspective, however, the chapter would have been stronger had Schmicker included a discussion of xenoglossy. |
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These various differing accounts weaken the overall evidential power of miracles. |
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An evidentialist variant would require the agent be responsive to a telling evidential basis for thinking that p obtains in contrast to the alternatives. |
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The Honourable Mrs Justice Hobbs ruled an adjournment was necessary because of evidential difficulties in the case of Simon Downer at Wolverhampton Crown Court. |
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This paper examines a contextualist thesis that has been little discussed in comparison with contextualism about knowledge, namely, contextualism about evidential support. |
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