Court : US Supreme Court
..... 338 u. s. 219 country," and dismissed the complaint for want of jurisdiction. the court of appeals reversed. our decision in vermilya-brown that the fair labor standards act applies to such leased military bases was deemed "persuasive, if not well nigh conclusive" of the issue here. [ footnote 4 ] because of this broad ..... . the statutory language and the legislative record relating to the ambit of the federal tort claims act differ entirely from those pertinent to the fair labor standards act, and, since the bases had been leased to the united states prior to the enactment of the statute here involved, the vermilya-brown problem ..... of mathematical and other scientific terms. both "possessions" and "foreign country" have penumbral meanings, which is not true, for instance, of the verbal designations for weights and measures. it is this precision of content which differentiates scientific from most political, legislative, and legal language. a "foreign country" in which the united states has .....
Tag this Judgment!Court : US Supreme Court
..... equivalency, the texas court of criminal appeals has noted that the texas accomplice corroboration rule is "a mere rule of evidence" even though "statutorily worded as a sufficiency standard." malik v. state, 953 s. w. 2d 234, 240, n. 6 (1997).10 in sum, the function and purpose of the corroboration requirement embedded in ..... -is at least potentially evidence upon which a "conviction ... is supportable." conversely, as i have just said, evidence to which the jury may give no weight in making that determination is effectively inadmissible.8 in short, no matter how it is phrased, the corroboration requirement of article 38.07 is functionally identical to ..... difference for ex post facto clause purposes between a sufficiency of the evidence rule and a witness competency rule. evidence to which the jury is not permitted to assign weight is, in reality, incompetent evidence. 7 cf. fed. rules evid. 412(a)(1) (restricting admissibility of "[e]vidence offered to prove that any alleged victim .....
Tag this Judgment!Court : UK Supreme Court
..... at 2063, hedley j, having quoted lord templeman, continued (para 50): "it follows inexorably from that, that society must be willing to tolerate very diverse standards of parenting, including the eccentric, the barely adequate and the inconsistent. it follows too that children will inevitably have both very different experiences of parenting and very ..... of the impression which was made upon him by the primary evidence. his expressed findings are always surrounded by a penumbra of imprecision as to emphasis, relative weight, minor qualifications and nuance . . ." in child cases, as lord wilson points out, there is the additional very important factor that the court's role ..... the impression which was made upon him by the primary evidence. his expressed findings are always surrounded by a penumbra of imprecision as to emphasis, relative weight, minor qualification and nuance...of which time and language do not permit exact expression, but which may play an important part in the judge's overall .....
Tag this Judgment!Court : UK Supreme Court
..... the maximum acceptable level was "official and clear". he was entitled to accept the evidence which led him to conclude that it remained the "touchstone of reasonable standards" for the average reasonable and prudent employer at least until the publication of the consultation paper on the 1986 draft directive (para 48). remaining questions there ..... which it might be addressed, and a balancing of the one against the other. respectable general practice is no more than a factor, having more or less weight according to the circumstances, which may, on any view at common law, guide the court when performing this balancing exercise: see swanwick and mustill jj's ..... at some (particularly middle) frequencies than at others. the sound pressure level across a range of frequencies is in a general industrial context commonly expressed by a weighted measurement described as db(a). apart from very loud, immediately damaging noise, with which this case is not concerned, damage to the human ear by noise .....
Tag this Judgment!Court : UK Supreme Court
..... 2003] ukhl 66, [2004] 2 ac 42, para 37. but in an evaluation which transcends matters of fact it is not in my view apt to describe the requisite standard of proof as being, for example, on the balance of probabilities.the amendment had a legitimate aim: it was "for the protection of the rights and freedoms of others", namely ..... a violation of these couples' right to marry. they have in fact both been able to get married, one in englandand one in pakistan. but these factors lend weight to the conclusion that it is a disproportionate and unjustified interference with the right to respect for family life to use that interference for the purpose of impeding the exercise ..... at para 16, that it would be wrong to afford "deference" to the judgments of the secretary of state on matters related to the above questions albeit that appropriate weight had to be given to them to the extent, in particular, that she was likely to have had access to special sources of knowledge and advice in connection with .....
Tag this Judgment!Court : UK Supreme Court
..... to review their status on a regular basis. we have been assured that the detainees are held in a humane, safe and secure environment that meets international standards that are consistent with cultural and religious norms. the international committee of the red cross has had regular access to the detainees. [the] review has established ..... contained in the mou had been given in good faith and approved at the highest levels of the jordanian government. they were intended to reflect international standards. there was no lack of clarity in them, especially when the mou was interpreted in its diplomatic and political context. to criticise the mou because ..... been invited to accept that the assurances which they contain will be honoured. and indeed courts have responded to that invitation by giving the assurances the weight that one would expect to be accorded to solemn undertakings formally committed to by responsible governments. it is therefore somewhat surprising that in the present case .....
Tag this Judgment!Court : UK Supreme Court
..... requirements of paragraph (3)(d). i shall take kostovski v the netherlands (1989) 12 ehrr 434 as an example of the language used. the phraseology is almost standard form in cases dealing with article 6(3)(d). the recital of the relevant legal principles begins with this statement: "it has to be recalled at the ..... to challenge the statements at the time they were made or at a later date " however, the court stated that the domestic court gave a "determining weight" to certain statements made by witnesses which the applicants were not able to examine or challenge. domestic position assuming that it was established that the witnesses were ..... categories of evidence was excluded because, although the evidence was probative, it was thought that the jury could not be trusted not to give the evidence more weight than it deserved. its probative value was outweighed by its potentially prejudicial effect. such evidence included evidence of a defendant's previous bad character or criminal record .....
Tag this Judgment!Court : UK Supreme Court
..... the states members of the united nations reaffirm that states should take appropriate measures in conformity with the relevant provisions of national and international law, including international standards of human rights, before granting refugee status, for the purpose of ensuring that the asylum-seeker has not participated in terrorist acts, . . . and ..... fell within those provisions and secondly whether individual responsibility for carrying out those acts could be attributed to the persons concerned. in that context, little weight could be attached to the references to "international terrorism" and "terrorist acts with an international dimension". 35. against that, argues mr fitzgerald, ..... adjudicate upon member states' compliance with the refugee convention. the guidance given by the unhcr is not binding, but "should be accorded considerable weight", in the light of the obligation of member states under article 35 of the convention to facilitate its duty of supervising the application of .....
Tag this Judgment!Court : UK Supreme Court
..... that members of a particular social group are being discriminated against. the contracting states did not undertake to protect them against discrimination judged according to the standards in their own countries. persecution apart, the convention was not directed to reforming the level of rights prevailing in the country of origin. its purpose ..... than being, as it is put in para 124, located in the persecution element. the new zealand approach, it is said, places international human rights standards at the centre of the "being persecuted" analysis in the belief that this provides a principled and disciplined framework for analysis. the significance of this distinction ..... on return would forfeit a fundamental human right in order to avoid persecution. like lord rodger, i see the attractions of this approach. it gives due weight to the fact that the convention must be interpreted "in accordance with its broad humanitarian objective and having regard to the principles, expressed in the preamble .....
Tag this Judgment!Court : UK Supreme Court
..... of the majority in as. like sullivan lj, i find a broad approach more consistent with the "coherence" of this part of the act. he noted that the standard form of appeal, echoing the effect of the section 120 notice, urged appellants to raise any additional ground at that stage, on pain of not being able to do ..... to do so should be regarded as purely formal, and that accordingly, in the proportionality balance required by article 8, the objectives of immigration control should carry relatively less weight. a variant of this argument, referred to as the "near-miss" principle, is that the degree of failure to meet the requirements of the rules may be ..... or compassionate considerations which underlie the policy are also likely to be relevant to the cases of those who fall just outside it, and to that extent may add weight to their argument for exceptional treatment. he is not saying that there arises any presumption or expectation that the policy will be extended to embrace them." (para 31 .....
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