An allegation of vitiated consent must be proven by
preponderance of evidence.
The
preponderance of evidence shows that it is safe for people who are in treatment to follow the guidelines that the rest of Americans have been given for physical activity, she added.
The
preponderance of evidence supports the fact that COX-2 inhibitors are far superior to COX-1 inhibitors in terms of decreasing gastrointestinal side effects.
Jaffe said it cannot be entirely ruled out that abstinence-only education could benefit "very specific groups," but the
preponderance of evidence suggests it is not efficacious.
Campbell said the FDA must establish that ephedra supplements present a "significant or unreasonable risk" by a
preponderance of evidence and that the agency failed to do so as it pertains to low doses of the substance.
The court held, inter alia, that the existence and extent of a permanent vocational disability are questions of fact for the determination of a trial court and when reviewed are reviewed with a presumption of correctness, unless a
preponderance of evidence indicates otherwise.
Hamm as saying, "The
preponderance of evidence points to the fact that McVeigh had some sort of ongoing relationship with members of the A.R.A.
In many cases, though, only a hunch exists, which does not provide a
preponderance of evidence. (4)
The court said in a footnote that, based on the
preponderance of evidence, the decision would be the same even if the burden of proof were on the IRS.
However, the investigator concluded that the complainant's allegations were not proven with a
preponderance of evidence worthy of a positive recommendation.
If the organization cannot establish by a
preponderance of evidence that it "took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions," it may be liable.
For Wells to win the case, she would have had to prove by a
preponderance of evidence that she was defamed.
* Will be amended to increase the CBA's enforcement ability either by reducing the proof level required for discipline from clear and convincing evidence to a
preponderance of evidence (51 percent) reducing the cause of action from gross negligence to repeated (two or more) acts of simple negligence or both.
Theorist Stun Woosley of the University of California, Santa Cruz, who helped develop the collapsar model, says that regardless of which model ultimately wins out, "the
preponderance of evidence now shows that gamma-ray bursts accompany and are a direct consequence of the deaths of massive stars" and thus the birth of black holes.
"We believe the
preponderance of evidence strongly indicates that Philip True was a victim of foul play," Jeffrey Davidow, U.S.
