Congressional committee asks Justice Department to investigate Clemens Feb 29, 2008
Not everybody can be right, and the preponderance of the evidence in this case points to the fact that Clemens' comments are the most incongruous,'' Davis told the AP. ''We are asking Justice to see what was the truth and what wasn't the truth. . (Camdenton Lake Sun Leader, MO)
Now Clemens' Legal Fate Rests With DOJ Feb 29, 2008
"Not everybody can be right, and the preponderance of the evidence in this case points to the fact that Clemens' comments are the most incongruous," Davis told the AP. "We are asking Justice to see what was the truth and what wasn't the truth.". The Justice Department may decide to pursue or ignore Congress' request. (FindLaw News)
Psychic muddies Tobias mystery Feb 17, 2008
" Still, that doesn't mean Ash is done talking or that the legal issues surrounding Seth's death are over. After refusing phone calls for several days, Ash was back talking to reporters and firing off e-mails by Thursday. "In my heart, there's nothing anyone has told me or shown me that has convinced me she didn't kill him," he said. Further, the brothers have shown no sign of ending the probate fight. An eight-day trial is scheduled for June. Gary Dunkel, who represents Filomena, said he can't... (The Palm Beach Post)
Judge: Recall committee violated campaign laws Feb 15, 2008
Norcross said Patterson had proved through a preponderance of the evidence that the recall committee had not filed the required disclosures with the SOS for July, August and September last year, even though it had recognized the need to do so by registering as an issue committee last June. The committee did file a July report showing a contribution of 14,300 from real estate company Kienholz & Miller, and an expenditure of the same amount. (Montrose Daily Press, CO)
EX MARKS A SPOT Feb 3, 2008
Unfortunately, based on the preponderance of the evidence presented here, that salient something amounts to little more than frat-boy-level chuckles about unrequited middle-school crushes, frustrating games of telephone tag in the pre-cell days, how "dirty girls make bad friends" (to quote the title of one contribution), and the realization that even boys who grew up wearing "husky" jeans can at least occasionally get the girl. Of course, you don't go into a book with a foreword by the editor's... (New York Post -- Opinions)
The McCanns' debate: from banality to an outpouring of bile Feb 1, 2008
" I was making a general observation - you have assumed that I am vitriolic about the McCanns' personally and that I am anti the McCanns' and a psycho based on one observation! Offensive? Unsuitable? galaxycat Comment No. FLOOSIETHE FLOSSIE Youre right.. I do not know what to think either. It is such a difficult situation... no one has access to all the facts and it is so bizarre. But at least one person out there does know... Offensive? Unsuitable? atod Comment No. alexandrc I can't fathom... (Media Guardian)
Doctor: We all pay for smokers Jan 29, 2008
The preponderance of the evidence shows that there isn't a statistical risk from second hand smoke. The U.S. Dept. of Labor,Occupational Safety h Administration finds that tobacco smoke falls well within permissible exposure limits. (Chippewa Falls Chippewa Herald, WI)
Get a glimpse at 'The Appeal' Jan 29, 2008
In a slow, loud voice, Judge Harrison read: "Question number one: 'Do you find, by a preponderance of the evidence, that the groundwater at issue was contaminated by Krane Chemical Corporation?' " After a treacherous pause that lasted no more than five seconds, he continued, "The answer is 'Yes.' " ... "Question number two: 'Do you find, by a preponderance of the evidence, that the contamination was the proximate cause of the death or deaths of (a) Chad Baker and/or (b) Pete Baker?' Answer:... (USA Today -- Life)
New Column: I'm whining about a speeding ticket Jan 18, 2008
Reality On-Board wrote on Jan 17, 2008 4:23 PM:" In reality, LIDAR and RADAR are very accurate tools, when calibrated and used properly. They are independently verified using scientific methods, by independent companies on an annual basis. LIDAR is very precise and shows exactly how fast an individual vehicle is traveling. When calibrated and tested before and after the stop it is practically infallible. RADAR is less precise but still very accurate when used on individual vehicles.... (Longview Daily News, WA)
State has backlog of teaching complaints Jan 15, 2008
In most instances, the burden of proof for revoking a teaching certificate is a preponderance of the evidence the same burden lawyers must prove in civil lawsuits. In 2000, Christopher, Ill. (Pekin Times, IL)
To save the polar bears, we might have to give up our Tundras and Tahoes Jan 10, 2008
The state's attorney was referring to the fact that any movie which wins a Hollywood award for "Best Documentary" is proof well beyond a preponderance of the evidence. "Just give me the same jury that freed O.J.," said Moonroof. (Lodi News Sentinel, CA)
Stabbing case heads to trial Jan 9, 2008
n LESS STRICT BURDEN OF PROOF: The judge only needs to see a preponderance of the evidence against the defendant to move the case forward. In a trial, the judge or jury must be convinced beyond a reasonable doubt that the person is guilty in order to convict. (Gillette News-Record, WY)
The Mitchell mess Dec 15, 2007
Just like a civil court, I will use a preponderance of the evidence. And the Mitchell Report, in many cases(not Roberts or Justice), is enough for me to conclude these players used. (Atlanta Journal-Constitution -- Sports)
More on corporal punishment bill Dec 13, 2007
To temporarily remove a child from a family into foster care while the court determines if the child is at risk of harm requires only a fair preponderance of the evidence. But DSS referring a case to the DA is an even lower standard reasonable cause to believe that abuse has occurred. (Arlington Advocate, MA)
Appeals court to review $1M verdict in Katrina insurance case Dec 5, 2007
The couple's attorneys say State Farm was contractually obligated to pay for all the damage to the home because the company "could not prove by a preponderance of the evidence that no damage at all would have occurred 'in the absence of' storm surge.". (Copyright 2007 by The Associated Press. (WWLTV.com, LA)
The hunt for Blacks hidden millions Dec 2, 2007
Her criteria would not be beyond reasonable doubt but the more likely than not preponderance of the evidence. Black s lack of contrition is also relevant. (Times Online)
3rd Circuit nixes at-home sentences in adult-education scam Nov 28, 2007
Prosecutors argued the standard should be a preponderance of the evidence. The appeals court sided with the government Tuesday, and also found that Fullam had improperly given Ali and Spicer credit for unrelated charity work and other factors. (Somerset Daily American, PA)
State rules for Polson in golfer's discrimination, retaliation complaint Nov 20, 2007
It is clear that all of Kalinyaprak's evidence of retaliation fails either because the alleged act does not demonstrate a prima facie case or he has failed to carry his burden of persuasion to prove by a preponderance of the evidence that the alleged act was retaliatory, Hanchett wrote. A prima facie case of retaliation exists when the charging party shows they have engaged in a statutorily protected activity, they have been subjected to adverse action, and that a casual link exists between the... (Missoulian, MT)
Ex-Judge Sentenced to 33 Months for Money Laundering Scheme Nov 17, 2007
"I find that the government has established beyond a preponderance of the evidence that this defendant abused his position of trust," said Spatt. Gross also gave the agent a copy of his self-published book, "If the Robe Fits: A View from the Bench," a compilation of anecdotes from cases he had presided. (Law.com)
Probation revoked in bomb threat case Nov 14, 2007
Jeremy Lee Kiser, 20, acknowledged in federal court Tuesday that the government could prove by a preponderance of the evidence that he had repeatedly violated the terms of his probation. Kiser could not admit the violations because some of the criminal matters were still pending in state court, said his attorney, David Bungard. (Charleston Gazette, WV -- News)
Suspended teacher accepts disciplinary action, to return to classroom this week Nov 2, 2007
Judge LaMarche said the preponderance of the evidence, however, failed to establish violations on Brummond s part in regards to all counts except. Count III Failing to make a reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning. (Charles City Press, IO)
Drug kingpin gets life Oct 23, 2007
Earlier this month, U.S. District Court Judge David A. Faber ruled that prosecutors proved by a preponderance of the evidence that Gibson was behind Whites killing. Faber said Monday that Gibsons sentence on the convictions of 12 drug charges was enhanced by his involvement in Whites murder. (Charleston Gazette, WV -- News)
Slaying suspect violated probation Oct 18, 2007
In order for Marx to rule that Shenfeld violated his probation, prosecutors needed to demonstrate that a preponderance of the evidence indicates that Shenfeld killed Buckley. That's a lesser standard than needed to convict him in the slaying. (The Palm Beach Post)
Bluefield drug dealer to face murder penalty Oct 13, 2007
While the evidence falls short of meeting the proof beyond a reasonable doubt standard that would apply at a murder trial, the court is persuaded that it meets the preponderance of the evidence test that applies to sentencing issues, Fabers opinion states. To contact staff writer Andrew Clevenger, use e-mail or call 348-1723. (Charleston Gazette, WV -- News)
State board rules on CCMS teacher, training ordered Oct 11, 2007
Judge LaMarche said the preponderance of the evidence failed to establish violations on Brummond s part in regards to all of the counts except III and IV.. The female students perception that he looks at their bodies in an inappropriate manner are subjective and difficult to prove or disprove, LaMarche noted in her report. (Charles City Press, IO)
CHS teacher fired over sex allegations loses grievance Oct 11, 2007
Last month, Administrative Law Judge Denise M. Spatafore ruled that Persingers firing was justified because the Kanawha County school board had proved by a preponderance of the evidence that Persinger sexually harassed female students. At least 12 students came forward and testified to numerous incidents, spanning approximately a two-year period, in which [Persinger] poked or grabbed their breasts, patted or grabbed their buttocks, attempted to look down their shirt or pants, and made... (Charleston Gazette, WV -- News)
Will appeal succeed in RIAA's $222000 'making available' case? Oct 9, 2007
In a pre-trial motion in UMG Recordings v. Lindor, the court that: "At trial, plaintiffs will have the burden of proving by a preponderance of the evidence that defendant did indeed infringe plaintiff's copyrights by convincing the fact-finder, based on the evidence plaintiffs have gathered, that defendant actually shared sound files belonging to plaintiffs." (Emphasis added. . (CNET News.com)
Stern's turn to play NBA's enforcer role Oct 3, 2007
A civil verdict requires a mere preponderance of the evidence to convict, so Stern's out is that the league doesn't touch such cases. Thomas was found guilty of making unwanted advances and spewing invectives at Anucha Browne Sanders, a former Knicks executive who won an $11. (USA Today -- Sports)
Trooper had sex in patrol car Sep 22, 2007
"The preponderance of the evidence at hearing ... established that during the past nine years, [the Highway Patrol] imposed lesser sanctions than dismissal on other Troopers who had engaged in sex on and off duty, when dismissal was reasonably warranted," Lassiter wrote. The decision is another setback for the patrol. (News & Observer)
NASA Report Finds No Evidence of Drunk Astronauts Sep 13, 2007
"At some point, the preponderance of the evidence becomes this behavior didn't happen," he said. Still, O'Connor's report did not rule out the possibility that such incidents occurred. (Yahoo News -- Space Shuttle)
Missouri Supreme Court asked to overturn death sentence a third time Sep 7, 2007
A 2001 Missouri law prohibits the death penalty, and instead requires life imprisonment without parole, for people convicted of first-degree murder when jurors find y a preponderance of the evidence that the person is mentally retarded ... Jurors weighing the facts could decide a defendant had not shown by a preponderance of the evidence that he was mentally retarded, Wolff said. (Jefferson City News Tribune, MO)
The CIA vs. Scarborough Jul 27, 2007
Given what we know now, the great preponderance of the evidence is on Scarborough s side, not on Mansfield s.. Which brings us down to Alberto Gonzales. (Human Events Online)
Court tells U.S. to reveal data on Guantánamo Jul 22, 2007
The decision noted that Congress said the appeals court's review of the combatant status hearings was limited to determining whether the Pentagon followed its own procedures, and whether an enemy-combatant finding was supported by a preponderance of the evidence. But it rejected the Justice Department assertion that the court should be able to examine only the information included in the combatant status hearing, not the more expansive information the government might have collected on a... (International Herald Tribune)
Court: Gitmo Judges Must Get All Evidence Jul 21, 2007
"Counsel simply cannot argue, nor can the court determine, whether a preponderance of the evidence supports the tribunal's status determination without seeing all the evidence." ... "Counsel simply cannot argue, nor can the court determine, whether a preponderance of the evidence supports the tribunal's status determination without seeing all the evidence. Therefore, we presume counsel for a detainee has a 'need to know' all government information concerning his client," not just the portions... (CBS News -- US)
Green Cove Springs ordinance targets crime Jul 21, 2007
"Orders of the (magistrate) shall be based on competent and substantial evidence, and any finding that a nuisance exists must be based on a 'preponderance of the evidence' standard.". A public nuisance is defined in the ordinance as "any place or premises" in the city which has been used. (Florida Times-Union)
Congressional & Senatorial Failure Jul 15, 2007
We;the People, have a legal and moral obligation locally and abroad, to enforce the laws relative to electing and dismissing governing officers who by a preponderance of the evidence break the laws of the land and fellow countrymen, and yet speak of lawlessness, and the lack of democracy elsewhere. It just may be that these same neighbors abroad, listen, and watch while our United States official representatives, blatantly disregard, and offend the Will of its own people, while claiming to love... (Suite101.com)
FCC hears pros, cons of Sirius-XM deal Jul 11, 2007
(Sirius and XM), however, have not even come close to meeting their burden of demonstrating by a preponderance of the evidence that there are extraordinarily large, cognizable, and nonspeculative efficiencies that justify the creation of a monopoly. . (MSNBC -- Lifestyle)
Sirius-XM Deal Stirs Debate Jul 10, 2007
"[Sirius and XM], however, have not even come close to meeting their burden of demonstrating by a preponderance of the evidence that there are 'extraordinarily large, cognizable, and nonspeculative efficiencies' that justify the creation of a monopoly.". NAB was backed by a group of public-interest groups with which it has usually feuded. (AdWeek)
Durand v. Wondrasch Jul 10, 2007
The quantum of proof required to support the discipline in this case, is the "preponderance of the evidence" standard. Given that the discipline is a letter of reprimand, the Employer need show only that it is more likely than not the Grievant acted inconsistently with policy, procedures or known instructions. (Winona Daily News, MN)
Office rental rates increase despite low absorption Jul 3, 2007
"The preponderance of the evidence shows that we have a very strong and growing economy which is what's driving this office demand," he says. The Central Business District, with 84,419 square feet newly occupied during the quarter, had the most absorption of any of the local submarkets, led in part by engineering firm move into 55,000 square feet in the Chase Tower. (Austin Business Journal, TX)
Are Biodata Tests a New Frontier for Employment Litigation? Jun 27, 2007
2004), the plaintiff alleged that the city's use of its written examination for entry-level police officers and firefighters had a disparate impact against African- Americans and Hispanics, was not job-related and, thus, violated Title VII. The court, in granting judgment to the defendant, merely held that the plaintiff failed to prove by a preponderance of the evidence that the employment practices violated Title VII. Id. Some courts have implied that the use of biodata would have helped the... (Law.com)
Sentencing hearing begins Jun 27, 2007
"It is permissible for the court to use acquitted conduct if the court finds it was proven by a preponderance of the evidence," Fuller said. Fuller did rule that he would not consider more than 3 million in profit that HealthSouth has made from a rehabilitation hospital built in Phenix City and approved by the Certificate of Need Board. (Alexander City Outlook, AL)
Process for police complaints aired Jun 19, 2007
"Sjerven said there are five basic types of disposition of a complaint."Sustained means the preponderance of the evidence supports the allegation," he said. "Unfounded means the evidence tends to disprove the allegation. Exonerated means the evidence tends to support the factual occurrence but the conduct does not appear improper. (Casa Grande Valley Newspapers, AZ)
NPDDCTA: Churchill Dismissal Case Jun 15, 2007
The report of the committee hearing Churchill's appeal found that Churchill proved by a "preponderance of the evidence" that "but for" his exercise of his protected first amendment rights, the subsequent investigation of his scholarship would never have been initiated. . (Zmag.org)
How Much Time Will Libby Get? Jun 5, 2007
Its part of a general category of enhancements from particularly depraved conduct to the use of a weapon that can, depending on the crime, increase a sentence if the judge determines by a preponderance of the evidence (the laws lowest level of proof) that they happened. To get a sense of the absurdity of this, think of someone found guilty beyond a reasonable doubtthe highest level of proofof dealing 20 grams of cocaine, and the judge saying, hey, theres evidence that you dealt 10 times... (Time.com)
READ MORE > Jun 4, 2007
"Prieksat doesn't wear a uniform while on duty, but he has still become a recognizable presence known in South Dakota's hunting community for his hard-nosed law-enforcement style. A former GFervation officer who was honored as the agency's best in 1985, Prieksat has been with the FWS in Pierre since 1995.In recent years, he has been involved in a number of high-profile wildlife cases. They include a 2003 investigation of then-GFetary John Cooper -- Prieksat's former mentor and predecessor as FWS... (Sioux City Journal, IO)
New rules on disciplining unethical lawyers in N.H. Jun 4, 2007
Arnold Rosenfeld, a Boston University law professor who has prosecuted and defended lawyers on misconduct charges, said other states only require a "preponderance of the evidence" - a weaker standard - to go to a hearing. The American Bar Association's model rules only require "clear and convincing" proof at the hearing stage. (Concord Monitor)
Officials on game warden's list Jun 2, 2007
"Prieksat doesn't wear a uniform while on duty, but he has still become a recognizable presence known in South Dakota's hunting community for his hard-nosed law-enforcement style. A former GF&P conservation officer who was honored as the agency's best in 1985, Prieksat has been with the FWS in Pierre since 1995.In recent years, he has been involved in a number of high-profile wildlife cases. They include a 2003 investigation of then-GF&P Secretary John Cooper - Prieksat's former mentor and... (Rapid City Journal, SD)
Police Blotter: Cops need warrant to search cell phone? May 30, 2007
The Court finds that the government has not met its burden to show, by a preponderance of the evidence, that it is standard police practice to search the contents of a cellular phone as part of the booking process. Indeed, the government has not articulated any reason why it is necessary to search the contents of a cell phone in order to fulfill any of the legitimate governmental interests served by a booking search: namely, to deter theft of arrestees' property and false claims of theft by... (TechRepublic)
Judge dismisses ACCC petrol claim May 29, 2007
In his 318-page finding delivered today, Justice Peter Gray, said: "The overall effect of the evidence in this case is that it is more probable than not that none of the understandings alleged by the ACCC in fact existed. "Not only did the evidence led by the ACCC fail to prove the existence of such arrangements or understandings, particularly the requisite element of commitment, but the preponderance of the evidence suggests that no such arrangements or understanding existed. " The decision is... (The Australian)
DiBella's defense made him no friends in trial over investment fees May 22, 2007
Tuesday, May 22, 2007. Andover * Bolton * Coventry * East Hartford * East Windsor * Ellington. (Journal Inquirer, CT)
Judge rejects 'Castle' law claim May 16, 2007
A preponderance of the evidence showed this, she added, and that's the standard of proof that applies. Prosecutor Craig Williams said the Castle Doctrine law states that the use of force is permitted if "a reasonably cautious and prudent person" could believe that danger could only be avoided by the use of force. (The Palm Beach Post)
Fired trooper gets his job back along with back pay and interest May 6, 2007
"Based on the findings of fact, we conclude that the employer has not established any of these charges by a preponderance of the evidence," said the decision, released Friday. "The evidence presented by the employer is insufficient to demonstrate that (Davidson), a member of the State Police with 18 years of service and no prior record of dishonest actions, acted dishonestly as charged.". (WCAX.com, VT)
Court questions mental state May 5, 2007
The district attorney's office met its burden to demonstrate a air preponderance of the evidence of the defendant's competence to stand trial, the appellate division said in the decision issued last month. Prior to Williams' Cayuga County trial in 2002, Cayuga County Surrogate Judge Mark Fandrich ordered a competency hearing. (Auburn Citizen, NY)
The Patent Reform Act of 2007: How It May Impact Patent Rights May 4, 2007
The Patent Reform Act of 2007 proposes a preponderance of the evidence burden of proof in the post-grant proceeding. The lower evidentiary standard in a post-grant proceeding will make it easier for poor quality issued patents to be invalidated. (Law.com)
Ruling eases way to invalidate patents May 1, 2007
A Federal Trade Commission report in 2003 urged Congress to make it easier to challenge patents at the U.S. Patent and Trademark Office and to allow courts to find patents invalid based on a preponderance of the evidence rather than clear and convincing evidence. The case is KSR v. Teleflex, 04-1350. (San Diego Union-Tribune)
THOMAS MITCHELL: It's all in a day's work Apr 15, 2007
An Assembly bill passed out of committee this past week would prohibit judges from sealing records unless a "preponderance of the evidence" shows that sealing is in the best interest of the public. It also would require the judge to conduct a public hearing before sealing information. (Las Vegas Review-Journal -- Opinion)
Oakland Woman Wins Three Million Dollars in Sexual Harassment Claim Against Federal Express Apr 13, 2007
According to the jury questionnaire, the panel agreed today, April 11, 2007, that Ms. Boswell had proved by the preponderance of the evidence that her supervisor had subjected her to a sexually hostile work environment which was so intolerable that a reasonable person in her position would feel compelled to resign. The jury awarded Boswell approximately $550,000. (PR Newswire)
Panel OKs bill to limit judges Apr 12, 2007
The bill would prohibit judges from sealing judicial public records unless a "preponderance of the evidence" shows that sealing the records will not conceal a public hazard; that releasing the information publicly would create a danger to the public interest; that there is no reasonable method other than sealing to avoid such effects; and that there is substantial probability that sealing the record would be effective in protecting the public interest. The measure would require a judge to have a... (Las Vegas Review-Journal -- Nevada News)
Global warming issue hits home Apr 8, 2007
Once you have done that, if you still feel the preponderance of the evidence supports global warming, then so be it. However, at this point, this is a political discussion--not proven science. (Pensacola News Journal)
Bill to limit judges' power to seal records supported Apr 7, 2007
The measure would prohibit judges across the state from sealing a court record unless a "preponderance of the evidence" shows that releasing the information publicly will hurt the "public interest" or pose a danger to the public, or unless no method other than sealing a record exists to assure those safeguards. The measure would require a judge to have a separate hearing to weigh the merits of sealing a particular court record, and the judge would be required to notify the public about the... (Las Vegas Review-Journal -- Nevada News)
High court: Cities can be liable for legal fees Mar 29, 2007
By contrast, civil cases are decided on the "preponderance of the evidence," meaning a judge decides if it is more likely than not the defendant is guilty. More to the point, it is easier to prove guilt using a civil standard than a criminal one. (AZCentral -- Business)
EDITORIAL: 'A very clear need for it' Mar 27, 2007
Assembly Bill 519 would prohibit judges from sealing a court record unless a "preponderance of the evidence" shows that public release of the information would hurt the "public interest" or pose a danger to the public -- and then only if no method other than sealing the court record exists to assure those safeguards. Advertisement. (Las Vegas Review-Journal -- Opinion)
Lawsuit guidelines proposed Mar 24, 2007
A "preponderance of the evidence" shows that releasing the information publicly will hurt the "public interest" or pose a danger to the public ... The four-page proposal states that it "prohibits the district court from sealing a judicial public record unless a preponderance of the evidence indicates the existence of certain factors.". (Las Vegas Review-Journal -- Nevada News)
Ban red-light cameras? Mar 21, 2007
(D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued purs 00000498 uant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the... (Atlanta Journal-Constitution)
