Sentence examples for actual element of from inspiring English sources

The idea of a playing time threshold is certainly understandable, but the notion that starting games is an actual element of performance worthy of compensation is not.

So Papadopoulos appears to have been told about an actual element of the interference effort, the hacking of material from Clinton's campaign chairman and/or the Democratic National Committee, suggesting that Mifsud knew about some part of Russia's broader effort.

Instead, because the trial judge's ruling in the first trial was not based on an actual element of the charged offense, retrial would simply give the prosecution one fair opportunity to prove its case.

The State and the United States claim that only when an actual element of the offense is resolved can there be an acquittal of the offense, but Evans' verdict was based on something that was concededly not an element.

To start, the State argues that unless an actual element of the offense is resolved by the trial court, the only way to know whether the court's ruling was an "acquittal" is to rely upon the label used by the court, which would wrongly allow the form of the trial court's action to control.

Consequently, they argue, only if an actual element of the offense is resolved can it be said that there has been an acquittal of the offense, because " 'innocence of the charged offense' cannot turn on something that is concededly not an element of the offense". U. S. Brief 15.

The prosecution would not be afforded a second opportunity to persuade the factfinder that its evidence satisfies the actual elements of the offense.

The State and the United States argue that if the grounds for an acquittal are untethered from the actual elements of the offense, a trial court could issue an unreviewable order finding insufficient evidence to convict for any reason at all.

In all three of the principal cases on which the Court relies Smalis v. Pennsylvania, 476 U. S. 140 (1986) ; Smith, 543 U. S. 462; and Arizona v. Rumsey, 467 U. S. 203 (1984) —trial judges ruled that the prosecution had failed to introduce sufficient evidence to prove one or more of the actual elements of the offenses in question.

Next, the State and the United States fear that if the grounds for an acquittal are untethered from the actual elements of the offense, a trial court could issue an unreviewable order finding insufficient evidence to convict for any reason at all, such as that the prosecution failed to prove "that the structure burned [was] blue". Brief for Respondent 16 17; U. S. Brief 15.

When a judge evaluates the evidence and determines that the prosecution has not proved facts that are legally sufficient to satisfy the actual elements of the charged offense, the ruling, however labeled, represents an acquittal because it is founded on the defendant's factual innocence.