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.
Fund told Judge Tucker her client disputed the allegations, but was willing to admit that there was sufficient evidence upon which a finder of fact
could find him guilty.
on November 16, he was decompensated because of the "inability to dialyze [secondary to] hypotension." After reviewing the contentions of both sides, the court concluded that the defendant's expert medical witnesses did not produce a sufficient amount of clear and convincing evidence to convince the court that there was no triable issue of fact which had to be presented to a jury as a finder of fact
. The court observed that the estate presented evidence from which a jury might infer that the Center's in subjecting the decedent to extraordinary PT program accelerated the patient's death.
According to the Fifth Circuit, the finder of fact
is charged with making an objective determination as to what, if any, nontax business purposes the transfer was reasonably likely to serve at its inception.
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.
The trial court, sitting as finder of fact
, heard Blaisdell's testimony and credited his statement that the vehicle was stopped because the tag light was not working and because Johnson had failed to stop at a stop sign.
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 conviction rate after trial by jury was 71 percent and the rate in jury-waived cases was 62 percent.
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.
Specifically she was honored for sponsoring Senate Bill 135 this year, which would allow for a victim's statement given prior to court to be admissible at trial for the truth of the matter, with the weight given that statement left up to the finder of fact
. Virginia was one of only 3 states in the country that did not allow prior statements to be admissible for the truth, according to the VACA.
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