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The judgment of Diplock LJ does not give any support and ought not to give any encouragement to any such proposition; for beyond doubt it recognises that it is open to the parties to agree that, as regards a particular obligation, any breach shall entitle the party not in default to treat the contract as repudiated.
The currently applied test is whether the guilty verdict was "open to the jury" to be satisfied of the accused's guilt beyond reasonable doubt. [2] A finding of guilt by the jury will only be disturbed if the court makes a finding that the guilty verdict was not open to the jury.
In an obiter dictum (legal opinion not forming part of the judgment) in the case of R v West London Coroner, ex parte Gray [6] in 1986, the divisional court stated that the open verdict was, as with the verdicts of unlawful killing and suicide, required to be proved beyond a reasonable doubt.
It was called the "Open Access to Courts Act of 2009:" A court shall not dismiss a complaint under subdivision (b)(6), (c) or (e) of Rule 12 of the Federal Rules of Civil Procedure unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief.
The judge who oversaw a landmark trial about New Hampshire’s youth detention center has refused to discard the $38 million verdict, saying the facility’s leadership “either knew and didn’t ...
Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. [1] It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of the evidence) commonly used in civil cases because the stakes are much higher in a criminal case: a person found guilty can be deprived of liberty ...
The day Joe Biden faced reality, stepped aside and cleared the way for Kamala Harris to replace him atop the Democratic ticket, Teja Smith felt a mix of exhilaration and dread.. Smith, who runs a ...
If there is a real doubt, based upon reason and common sense after careful and impartial consideration of all the evidence, or lack of evidence, in a case, then the level of proof has not been met. Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that one would be willing to rely and act upon it without ...