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Exact(9)
That there is a legal overlay to the factual question does not affect the role of the trier of fact.
It was of course the duty of the trier of fact in that situation to determine from all the evidence, if that could be done, which of the two was in fact guilty of actionable negligence toward the plaintiff.
(d) Sanctions against the Government are warranted for deportation of alien witnesses only if there is a reasonable likelihood that the testimony could have affected the judgment of the trier of fact.
I still put myself in the category of the trier, not the automatic winner - just like when I was playing basketball on the street and picking the worst players to make a game of it.
"Evidentiary findings and conclusions of the trier of facts where supported by legally sufficient evidence should not be lightly set aside by those possessing the power of review" -- Florida Bar v. Abramson.
It is the task of the trier of fact to determine the scope of the consent and to decide whether and to what extent the interception exceeded that consent".); In re Pharmatrack, Inc., 329 F.3d at 19 ("Thus, a reviewing court must inquire into the dimensions of the consent and then ascertain whether the interception exceeded those boundaries".) (internal quotation marks omitted).
Similar(51)
"I got caught up in the emotion of the try.
We are top of the try-scoring stats.
One method is that of the tried and tested.
In cardiology, one of the tried-and-trues is the Framingham risk score.
The wing took the return pass and went on to score one of the tries of the tournament.
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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