| There is insufficient evidence before us that one ingredient of the Section 5 offence was established to constitute a prima facie case. |
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| In the civil law if a driver goes off the road on to the pavement and injures a pedestrian, or damages property, he is prima facie liable. |
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| Their right, prima facie, is to use any part of the way for the purpose of passing and repassing. |
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| Or do you reject the new data entirely, because the fact that it contradicts the previous timeline is prima facie evidence of its erroneousness? |
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| Nobody has suggested that a ship is prima facie heritable and I do not think such a suggestion could reasonably be made. |
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| This statement must be made in clear and definite terms, and there must further be some prima facie evidence that it has some foundation in fact. |
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| There must be some clear prima facie reason for punishment in talk of desert over centuries, and in this theory we have such a reason. |
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| Does somebody who consents to a judgment have a prima facie right to costs, or not? |
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| In a precisely similar way, we see the prima facie rightness of an act which would be the fulfilment of a particular promise. |
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| Inclusion of the man's name on the birth register as the child's father is prima facie evidence of his paternity. |
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| In this case the averment of the fact of manufacture meant that there was prima facie evidence of that fact before the court. |
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| This would happen if God were actively putting ideas into my head that, prima facie and in all cases, seemed to have some other source. |
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| If there is a prima facie case that raises serious concerns about patient safety, the student should be suspended until the matter is resolved. |
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| Evidence of the speaker's unreliability or insincerity may defeat or override his prima facie warrant for acceptance. |
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| This strongly suggests that such rights are regarded as prima facie appurtenant to the residential unit, but to be excluded for the purposes of calculation. |
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| There is no dispute that the action is prima facie tortious, because it involves the union in inducing at least some of its members to breach their contracts of employment. |
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| I therefore rule that there does not exist a prima facie breach of privilege in the present case. |
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| For those reasons, he charged that the Ethics Commissioner was in contempt of the House and asked that I find a prima facie breach of privilege. |
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| This was prima facie in violation of the father's right of veto over the removal of the children from the jurisdiction. |
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| In that case, prima facie the plan would have to be registered in both jurisdictions. |
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| However, prima facie, they suggest that several coastal States are not purporting to exercise authority in relation to freedom of navigation. |
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| If the court is satisfied upon review that a prima facie case no longer exists, the accused is entitled to an acquittal. |
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| These two are the only ones remaining, prima facie,within the federal Parliament's power. |
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| The practice also evoked reactions that, prima facie, were not outright rejections. |
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| His case appears to be more a prima facie case of tit for tat than it is one of contempt. |
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| When a case falls within one of these situations or an analogous one and reasonable foreseeability is established, a prima facie duty of care may be posited. |
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| First, there is no evidence that the situation described by the hon. member constitutes a prima facie breach of privilege. |
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| That the job restriction placed on the complainant was prima facie discriminatory is indubitable. |
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| Why do we not think in terms of your right, prima facie, unless it is a very clear case, to have the matter passed upon by a jury of fellow citizens? |
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| The Solicitor argues that these comparative data are not of sufficient quality to overcome the prima facie case of obviousness made by the prior art. |
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| Thus the position now acknowledged is that in an appropriate case a claimant in a negligence suit may establish a prima facie case by relying on the fact of the accident. |
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| As to where the officer's knowledge that the document is made by use of a carbon copy or pre-assembled sheets, that, too constitutes a prima facie copy. |
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| I do not have a non-perspectival sense of objectivity here because of its prima facie lack of operationalizability. |
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| In this situation, in almost any jurisdiction, the prosecution has a prima facie case. |
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| But prima facie permanence of obligations does, like all prima facie statements imply defeasibility. |
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| These requirements are prima facie obligations, which are taken to be defeasible or open to being overridden by conflicting obligations. |
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| Readers will recall that the Meiorin case established a new, three-step approach to determining whether an employer has justified a prima facie discriminatory workplace rule or standard. |
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| The ICJ has competence to indicate interim measures only if the prima facie jurisdiction is satisfied. |
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| The Court must be satisfied to have prima facie jurisdiction to hear the merits of the case before it grants provisional measures. |
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| Upon reviewing the minister's letter and checking the minutes of the standing committee meeting of May 2, 2007, I am sure you will find a prima facie case for breach of privilege, Mr. Speaker. |
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| In saying that there has been no prima facie breach of privilege, the minister is claiming that the members have not been prevented from doing their jobs. |
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| The existence of such risk must be corroborated by prima facie evidence. |
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| However, they have said that there is no prima facie breach of privilege because the government has taken steps to respond to the December order in a responsible manner. |
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| Mr. Speaker, it is not entirely clear from the submissions of the three members as to what exactly was being alleged as a prima facie case of a breach of privilege. |
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| I recognize, Mr. Speaker, that there are precedents where a prima facie breach of privilege has been found where a witness was threatened with legal proceedings as a result of his or her testimony before a committee. |
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| Religious diversity is a prima facie defeater for the veridicality of religious experiences in the same way that wildly conflicting eyewitness reports undermine each other. |
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| Throughout, the internal consistency of the Convention has led to my finding that the rights and jurisdiction of coastal and flag States are concurrent and that neither has prima facie paramountcy or preeminence. |
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| The Aer Lingus arguments that it could be construed as involving any actions or steps taken with a view to consummating the acquisition cannot, therefore, be considered as establishing a prima facie case. |
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| There is an alethic modal analogy we can use to show that denying DRD is not prima facie implausible. |
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| Ross distinguishes between derived and underived prima facie duties. |
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| The Tribunal drew no such inference. Rather, it simply concluded that the respondent had the burden of rebutting the Commission's prima facie case of discrimination, and that it had failed to do so. |
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| Although prima facie the complaint-based model may seem efficient and just, in reality, the current system is unconscionably slow and inequitable. |
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| That is a prima facie breach of privilege and I would call on the Conservatives to cease and desist from these pernicious mailings and to publicly apologize for this false and misleading action. |
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| This paper looks at problems arising from prima facie lawful pre-trial detention of women and girls, questions its lawfulness in certain circumstances and examines some alternatives. |
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| On 28 October 1998 the Irish High Court held that, under New York State law, the father had inchoate rights of custody or access, therefore there was prima facie a basis on which to petition for the return of the child. |
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| The point was also made that article 2 of the resolution dealt with the first use of armed force by a State, which would prima facie be considered an act of aggression. |
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| This confirms the prima facie evidence contained in the request that exporting producers sell at significantly dumped prices to other third countries. |
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| The request contains sufficient prima facie evidence that the countervailing measures on imports of the product concerned are being circumvented by means of imports of the product under investigation. |
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| The complainant established a prima facie case of discrimination: there was no question that PTSD constituted a disability and that this was a factor in terminating the complainant's employment. |
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| The emphasis on beneficence rather than patient autonomy in parental substitute decision-making leads to a prima facie bias toward curative rather than palliative options. |
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| The Court, in this case, rejected the view that there is prima facie discrimination on the basis of family status whenever there is a conflict between a family obligation and a work requirement. |
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| The respondent argued that no prima facie case of discrimination had been established because the complainant could not be considered to be suffering from a disability. |
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| The shared burden of proof implies that when there is a prima facie case of discrimination, the burden of proof in court cases must shift back to the respondent when evidence of such discrimination is brought forward. |
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| The onus was on the Superintendent, having adopted a prima facie discriminatory standard, to prove that incorporating aspects of individual accommodation within the standard was impossible short of undue hardship. |
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| In those cases, where there has already been some prima facie case made out of criminal wrongdoing, the courts have upheld the possibility of testing without consent. |
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| Popper's principle of falsifiability runs into prima facie difficulties when the epistemological status of mathematics is considered. |
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| In that decision, the panel dismissed the applicant's duty of fair representation complaint on the basis that it had failed to make out a prima facie case of violation of the duty of fair representation by his union. |
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| It has been argued that ceratopsian humeri have massive shafts that are prima facie evidence of galloping. |
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| Actual damages are not required for a prima facie case of battery. |
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| Lunt offer explanations that go beyond simplistic attempts to attribute 'ethnicity' on prima facie interpretation of literary, philological, and archaeological evidence. |
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| How does he support his position against the prima facie case in favor of the strongly counterintuitive claim that non-violence would necessarily defeat a Hitler? |
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| In addition to identifying prima facie assets, counselors need to investigate beneath the surface of a client's presentation of self for other strengths. |
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