© Copyright 2012, vLex. All Rights Reserved.
- Language
Contents in vLex United States
Explore vLex
For Professionals
For Partners
Company
Preponderance of Evidence
9 similar searches for Preponderance of Evidence
More than 10.000 documents for Preponderance of Evidence
-
Under recent Supreme Court decisions, and the Military Commissions Act passed by Congress in 2006, detainees have a right to judicial review both of their classification as enemy combatants and of any criminal sentence passed against them. [...] despite their illegitimate methods of warfare, the Guantanamo detainees have received more due process rights than even soldiers of sovereign states merit under the Geneva Conventions. The detainee can be held only if the board concludes that he is an enemy combatant by a preponderance of the evidence, and this decision is subject to review by the United States Court of Appeals for the District of Columbia Circuit and the United States Supreme Court.
-
Where a debtor made a sizeable transfer to a creditor shortly before filing for bankruptcy, should the creditor be required to return payment to the debtor's estate? Was the debtor already insolvent at the time the creditor was paid, making the payment an avoidable preferential transfer? Did the Chapter 7 trustee establish, by a preponderance of the evidence, that despite the fact that the debtor's schedules showed a positive net worth, the debtor was in fact insolvent before filing for bankruptcy? Chief Judge John C. Ninfo, II considered these questions in In re: Luster-Coate Metalizing Corp.; C. Bruce Lawrence, as trustee, v. B&M Plastics, Inc. in a proceeding before the U.S. Bankruptcy Court for the Western District of New York. Determining that the trustee provided credible evidence...
