Search for: "MATTER OF RULES OF EVIDENCE"
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22 Jul 2023, 7:39 am
Local rules shall not require the filing of discovery. [read post]
22 Jul 2023, 3:00 am
The court stated: But in an appraisement * * * the strict rules relating to arbitration and awards do not apply, and the appraisers were not rigidly required to confine themselves either to matters within their own knowledge, or those submitted to them formally in the presence of the parties; but might reject, if they saw fit, evidence so submitted, and inform themselves from any other source, as experts who were at last to act upon their own judgment. [read post]
21 Jul 2023, 10:05 am
Court of Appeals for the Eleventh Circuit promptly knocked down that ruling.The court blasted Cannon’s decision on the ground that it did more for a former president than what the law affords other defendants, violating the fundamental precept that criminal courts rule similarly for all parties, no matter their importance, past positions or means.So today, she avoided such obvious and impermissible favoritism while still giving the president who appointed her a bit of a… [read post]
21 Jul 2023, 7:18 am
Plaintiffs argued that, in the Rule 12 context, it is too early to credit the City's defense that the signs might disrupt the meetings, as there was no evidence that plaintiffs intended to interfere with the City's business.The Court of Appeals holds, in its first case involving the prohibition of signs at public meetings, that the City Council is able to restrict signs because it has authority to regulate how public speech is delivered. [read post]
20 Jul 2023, 9:05 pm
For example, in finding a lack of evidence of wrongdoing, the court favorably noted the involvement of the board of directors in Disney’s response to the legislation. [read post]
20 Jul 2023, 8:55 am
The demand for, and entitlement to, procedural fairness is a robust protection against arbitrary government action, and it stands as a pillar of our rule of law. [read post]
20 Jul 2023, 8:46 am
” Superiority: “Ford fears that jurors will have to remember testimony from multiple witnesses, all while keeping track of the class members’ states, the applicable common-law rules and statutes, and burdens of proof. [read post]
20 Jul 2023, 7:59 am
After review, the court found no error with the lack of a competency hearing, dismissed the ineffective assistance of counsel argument without prejudice, and remanded the matter to the trial court for review of whether defendant validly waived indictment. [read post]
20 Jul 2023, 7:26 am
The Norwegian decision continually refers to paragraph 117 of that judgment as evidence for its claim that users can’t reasonably anticipate their personal data being used for “behavioral advertising. [read post]
20 Jul 2023, 6:00 am
Moreover, while petitioner argues that the majority of justices in this court have found that respondents' policy was arbitrary and capricious and that she is the victim of "the unfortunate arbitrary and capricious assignment of her case to a Judge in the City of New York" who ruled otherwise (NYSCEF 66, p. 7), not only are the other courts' decisions not binding on me, but petitioner does not acknowledge the cases wherein the vaccination policy was upheld (see e.g.,… [read post]
20 Jul 2023, 6:00 am
Moreover, while petitioner argues that the majority of justices in this court have found that respondents' policy was arbitrary and capricious and that she is the victim of "the unfortunate arbitrary and capricious assignment of her case to a Judge in the City of New York" who ruled otherwise (NYSCEF 66, p. 7), not only are the other courts' decisions not binding on me, but petitioner does not acknowledge the cases wherein the vaccination policy was upheld (see e.g.,… [read post]
20 Jul 2023, 5:55 am
He should have followed the atrocity determination with efforts to make it matter in concrete ways. [read post]
20 Jul 2023, 4:28 am
Indeed, the term is used in cases and even federal rules to refer to the state and federal systems. [read post]
20 Jul 2023, 3:37 am
It matters because Mr. [read post]
20 Jul 2023, 2:08 am
., the Fifth Circuit ruled that a court must consider “all available evidence” when deciding whether or when to send notice to any current or former employee, and notice should only be sent when current and former employees are actually (not potentially or theoretically) similarly situated to the plaintiff-employee that file the lawsuit. [read post]
20 Jul 2023, 1:27 am
Hellerstein said the evidence overwhelmingly indicated the matter related to a personal embarrassing event. [read post]
19 Jul 2023, 9:00 pm
The quality of evidence matters in every case. [read post]
19 Jul 2023, 2:51 pm
This is a serious matter and should be approached with caution. [read post]
19 Jul 2023, 2:11 pm
More generally, the FMG will damage the rule of law and the economy. [read post]
19 Jul 2023, 1:30 pm
Instead, it recognized evidence that Microsoft had already signed agreements to make Activision’s games available on other platforms. [read post]
