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They still allow hearsay evidence, meaning that it in addition to making it impossible to cross-examine, one will never be known if such evidence is obtained through coercive means.
Because these conversations were between Mr. Rajaratnam and his employees, a judge could declare them inadmissible hearsay evidence, meaning it is too indirect or speculative to be used against Mr. Gupta.
Mr. Gupta's lawyers had argued that because the conversations were between Mr. Rajaratnam and his employees, Judge Rakoff should declare them inadmissible hearsay evidence, meaning that they were too unreliable to be used against Mr. Gupta.
The proper standard, he said, was proof by a "preponderance of the evidence," meaning that Microsoft should have had to prove only that the patent's invalidity was more likely than not.
Mr. Gupta's lawyers had argued that because the conversations were between Mr. Rajaratnam and his employees, the judge should declare them inadmissible hearsay evidence, meaning that they were too unreliable to be used against Mr. Gupta.
In ruling for the detainees, the judges typically found that the government's evidence didn't even meet the low standard of proof required — "preponderance of the evidence," meaning only "more likely than not," a far cry from the criminal-trial standard of "beyond a reasonable doubt".
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The Eco Evidence framework relies on the concept of "evidence items," meaning the atomized findings of studies linking a putative cause (environmental stressor) and effect (ecological response).
It added that when more defendants were involved in a prosecution, there was a greater chance of an acquittal or the prosecution "offering no evidence" - meaning the charge was dropped at the trial stage.
At the same time, the case spotlights Georgia's bizarre state requirement that to avoid the death penalty a defendant must prove intellectual disability "beyond reasonable doubt," the only state in the nation with such a stringent burden of proof (most others use the "preponderance of evidence" threshold, meaning the defendant is most likely intellectually disabled). .
And, this work is evidence-based, meaning it's grounded in science, not opinion.
In Donald Rumsfeld's Zen-like formulation, "absence of evidence is not evidence of absence," meaning a reasonable probability that an adversary is amassing the most hideous weapons may justify an armed pre-emption.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com