For example, some decisions hold that the plaintiff must offer epidemiological proof in order to make out a submissible issue on causation.
The same evidence that suffices to establish a submissible issue of causation will go a long way toward providing the record essential to apportionment.
Bruner had to meet four elements to make a submissible
case for a self-defense instruction: (1) absence of aggression, (2) real or apparent immediate danger, (3) a reasonable belief in the necessity to kill to avoid the immediate danger, and (4) Bruner's doing all within his power consistent with personal safety to avoid killing.
"The evidence is submissible
in court and magistrates can see in real time how someone's behaviour develops.
But they go further by suggesting the level of proof required to make the issue of defect a submissible one.
By specifying that not all factors of feasibility need be taken into account and that a prototype need not be considered before a submissible case is proved, Comment e, it is arguable, contradicts recent federal post-Daubert decisions outlining the factual basis and application of a methodology applied by an expert in reaching an admissible opinion.
But according to the unsealed version released June 6, Greitens and his attorneys "stipulate that the State has sufficient evidence to constitute a submissible
case." The agreement barred release of that stipulation to the public "unless the defendant commits a new offense or engages in public comment contrary to the stipulation."<br />Multiple media outlets had requested the full agreement under Missouri's open-records laws.
Porter moved for judgment of acquittal at the close of all evidence, arguing that the State did not make a submissible
case after testimony was presented, stating that the Grandmother pressured K.W.
Erickson wrote for the court.<br />"Be careful with that reply-all tab," warned David Michael Donovan, an attorney from Little Rock, Arkansas, who represented the marketing company, Crew, Inc.<br />"I thought you needed some submissible
evidence other than calling the only witness a liar.
(142) There, the court stated that it "need not address [the plaintiff's] argument" regarding who bore the burden of proof because the plaintiff had "fail[ed] to present a submissible
case." (143) The dissent in Stafne, however, believed the issue was one worthy of consideration; it noted the split among circuits and the importance of properly instructing the jury on the issue of burden of proof regarding a direct threat.
A police spokeswoman said: "The evidence is submissible
in court and magistrates can see in real time how someone's behaviour develops."