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Autopsy reports often are presented as evidence in civil suits seeking to establish liability.
The court ruled several years ago that mere exposure to asbestos was not sufficient to establish liability under federal law.
To establish liability of the defendants under RICO, the government had to prove that the companies engaged in a pattern of racketeering acts in a scheme to defraud.
A recent controversial ruling at the ICTY required 'specific direction', making it harder to establish liability on aiding and abetting by high-level perpetrators".
He said that would be difficult as long as the case was in federal court, where the bar to establish liability is higher.
That is a fairly low threshold that would make it much easier for Mr. Picard to establish liability against Mr. Katz and Mr. Wilpon.
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EU-wide rules are needed for the fast-evolving field of robotics, e.g. to enforce ethical standards or establish liability for accidents involving driverless cars, say MEPs in a resolution voted on Thursday.
(c) In addition, the ALJ shall assume the facts alleged in the complaint to be true, and, if such facts establish liability under § 31.3, the ALJ shall issue an initial decision imposing the maximum amount of penalties and assessments allowed under the statute.
He could not establish liability and recover any damages, whether presumed or actually proved, unless he proved "malice," which was defined as a knowing falsehood or a reckless disregard for the truth.
Instead, they may be seen as "strict liability" crimes for which mere failure to comply with the legal standards is sufficient grounds to establish criminal liability.
Most require some form of intention or knowledge on the part of the offender and this leads to difficulty in establishing liability based on available evidence.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com