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non-trivial danger that the fact-finder will assign a probative value
The more objective supposition of 50%, on the thought that the fact is either true or false, comports neither with reality nor with where the law tells the fact-finder to begin.
703 has abrogated the common law "ultimate issue" rule, but (in combination with related code sections) still prohibits expert testimony that 1) merely tells the fact-finder how to decide an issue; 2) consists of inadequately explored legal criteria; or 3) wastes time.
Just as in actual trials, there are at least three opportunities to show the fact-finder the logic of the case: in the opening statements, during witness testimony and in closing arguments.
The final stage arbitrator forms his or her own notion of a fair settlement and crafts a final binding settlement as a (common knowledge) weighted average of his or her own notion and the fact-finder recommendation.
It might also be that, being human, a judge when acting as fact-finder proceeds in essentially the same manner, testing whether the already conjoined elements are more likely than not.
5) The first test, which appears obiter dicta in the Supreme Court of Canada's recent pronouncement in Hanke, is said to be available to a fact-finder where "factors that are outside of the plaintiffs control" such as "current limits of scientific knowledge" make it, in part, impossible for the plaintiff to prevail using the but-for test.
A fact-finder report backed the city's position on the key issue of money.
Our annual Personnel Trainer Fact-Finder Guide is designed to help retailers answer one of the most important issues they face in their businesses--staff training.
To create a more accurate, perceptive and actionable fact-finder, we distilled the components of the client profile into seven categories referred to as the Whole Client Model.
A well-conceived and executed fact-finder is like the best sermon: It comforts the afflicted and afflicts the comfortable.