Sentence examples for affirmative proof from inspiring English sources

The plaintiff was bound to give affirmative proof of negligence.

But here the question is whether the plaintiff has not shewn such a case.] In a case of this nature, in which the sympathies of a jury are with the plaintiff, it would be dangerous to allow presumption to be substituted for affirmative proof of negligence.

There is thus no legitimate basis for interpreting the lack of record evidence as affirmative proof that none of the Tribe's members are "Indian". Second, neither the statute nor the relevant regulations mandate that a tribe have a threshold amount of blood quantum Indians as members in order to receive trust land.

The court rejected the Board's construction and held that the statutory requirement of a showing that respondents' conduct would 'threaten, coerce, or restrain' Safeway could only be satisfied by affirmative proof that a substantial economic impact on Safeway had occurred, or was likely to occur as a result of the conduct.

3. Connerly points to his overcoming an impoverished childhood in Louisiana to achieve financial success as proof that affirmative action isn't necessary.

With good faith and non-inducement being an affirmative defense, the burden of proof thus falls on the control person to establish this defense.

2 Because culpability for an offense can be negated by proof of an affirmative defense, the Court has held that a ruling that the prosecution did not submit sufficient evidence to rebut an affirmative defense constitutes an acquittal for double jeopardy purposes.

This fact would not establish the existence of a practice or policy of the Administrator to treat the employees of such establishments, for enforcement purposes, as not subject to the provisions of the Fair Labor Standards Act, in the absence of proof of some affirmative action by the Administrator adopting such a practice or policy.

In this paper, corresponding to a May cooperative system, we give a strict proof of an affirmative answer which is without any conditions.

But, the state may place the burden of proof for an affirmative defense on the defendant.

We had a large enough sample, so that we could see proof of this in affirmative action, campaign finance, the Americans with Disabilities Act, judicial review of environmental regulations, and sex discrimination".