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The amount of evidence an opponent must produce in response to the presumption is whatever is sufficient to convince the finder of facts, by the applicable burden of persuasion, that the proposition presumed to be true is, in fact, not true.
The court held, inter alia, that the jury, as finder of fact, had rendered a verdict predicated on the testimony and evidence presented to it.
Of the 55 defendants who went to trial, 42 opted for jury trials and 13 went jury-waived, allowing a judge to be the finder of fact.
The issues presented by the plaintiff in tills case were issues which should have been presented to the jury, which is the finder of fact in all cases.
There's no realistic chance for surprise in that this is handled under current law by requiring the defendant to identify the entity, by requiring testimony that would sustain submitting the matter to the finder of fact," Dukes said.
The court held, inter alia, that although Nurse Martin made out a prima facie case, once HCR proffered proof of Nurse Martin's action in the Marchewka and Twomey incidents as the legitimate, nondiscriminatory reasons for her termination, the main issue was whether Nurse Martin had introduced sufficient evidence to permit a finder of fact to reasonably infer that HCR's reason for terminating her was pretextual.
Sixty-one cases went to trial, including 43 defendants who opted for a jury trial and 18 who chose instead to go the jury-waived route, letting a judge be the finder of fact.
The court held, inter alia, that the amount of damages, actual or punitive, is a matter within the discretion of the finder of fact, as reviewed by the trial judge.
7, Rules Regulating The Florida Bar, an attorney is only precluded from, representing the client at trial, to avoid confusion in the finder of fact.
Depending upon how a finder of fact viewed the evidence in Mr.