On remand the district court found by a preponderance of the evidence
that Musgraves engaged in some of the acquitted conduct: drug distribution and possession of a firearm as a felon.
The guidance said in the order for an H-1B petition involving a third-party worksite to be approved, the petitioner must show by a preponderance of the evidence
that the beneficiary will be employed in a speciality occupation and the employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.
A deputy commissioner granted his claim, but the full Commission reversed on appeal, holding that the preponderance of the evidence
showed the events surrounding the accident were not shocking or unexpected to an experienced state trooper and crash scene investigator.
In its decision, the PTO concluded that Argentum "satisfied its burden of demonstrating, by a preponderance of the evidence
, that the subject matter of claims 1-20 would have been obvious," and therefore ordered "that claims 1-20 are held unpatentable.
The USPTO completed that Argentum 'satisfied its burden of demonstrating, by a preponderance of the evidence
, that the subject matter of claims 1-20 would have been obvious.
we determine that Petitioner has shown by a preponderance of the evidence
that all claims of the '438 patent for which trial was instituted, namely, claims 1-20, are unpatentable.
District courts and other authorities disagree on whether the IRS must prove willfulness by a preponderance of the evidence
or by clear and convincing evidence when seeking a civil penalty for willful failure to file a Report of Foreign Bank and Financial Accounts (FBAR).
The preponderance of the evidence
gathered during the investigation indicates the March 13 airstrikes likely resulted in the deaths of four non-combatants, the finding and recommendations of a US Air Forces Central Command investigation said in a statement.
The article inaccurately states that challenges must be proved by "the preponderance of the evidence
," however, the statute explicitly requires "the recipient must prove by clear and convincing evidence" that a lesser amount should be allocated as medical expenses.
The standard for sustaining a complaint filed against a police officer for these types of violations is based upon the preponderance of the evidence
This presumption can be rebutted if the taxpayer proves by a preponderance of the evidence
that the appraiser either did not consider properly the criteria in the statute or arbitrarily used appraisal practices that are not generally applied.
Our legal system recognizes different burdens of proof needed to overcome the benefit of the doubt--reasonable suspicion, preponderance of the evidence
, beyond a reasonable doubt, etc.