Search results
Results from the WOW.Com Content Network
[2] Under the "substantial evidence" standard, appellate review extends to whether there is any relevant evidence in the record which reasonably supports every material fact (that is, material in the sense of establishing an essential element of a claim or defense). Appellate courts will not reverse such findings of fact unless they have no ...
[citation needed] It is a lower standard of proof than the "preponderance of the evidence" standard. The standard does not require the fact-finder to weigh conflicting evidence, and merely requires the investigator or prosecutor to present the bare minimum of material credible evidence to support the allegations against the subject, or in ...
Circumstantial evidence normally requires a witness, such as the police officer who found the evidence, or an expert who examined it, to lay the foundation for its admission. This witness, sometimes known as the sponsor or the authenticating witness, is giving direct (eyewitness) testimony, and could present credibility problems in the same way ...
Special counsel Jack Smith this week will be allowed to file hundreds of pages of legal arguments and evidence gathered in the 2020 election subversion and January 6 US Capitol attack criminal ...
Federal Rule 403 allows relevant evidence to be excluded "if its probative value is substantially outweighed by the danger of unfair prejudice", if it leads to confusion of the issues, if it is misleading or if it is a waste of time. California Evidence Code section 352 also allows for exclusion to avoid "substantial danger of undue prejudice."
The statute begins by articulating the substantial evidence test, which actually requires that decisions be made on "reliable, probative and substantial evidence", as follows: Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious ...
Materiality, along with probative value, is one of two characteristics that make a given item of evidence relevant. [2] This largely depends on the elements of the cause of action the plaintiff seeks to prove, or that the prosecutor must prove in a criminal case to secure a conviction.
Whatever you make of those claims, they were irrelevant under Section 793(e) because the definition of national defense information does not hinge on a document's classification status.