Search for: "MATTER OF RULES OF EVIDENCE"
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28 Jul 2015, 1:47 am
None of the amendments were key or central matters that were self-evidently going to be highly material at trial. [read post]
5 May 2007, 9:32 pm
The objective was to provide a vehicle to challenge a pre-trial ruling excluding critical evidence so that, if the ruling were erroneous, the error could be corrected before jeopardy would attach. [read post]
6 Jun 2011, 4:05 pm
A violation of this constitutional rule is called a Brady violation that mandates reversal of a criminal conviction. [read post]
27 Dec 2010, 2:10 pm
As an initial matter, the Complaint alleges only that “[Plaintiff] filed a Complaint with the EEOC in 2003. [read post]
13 Jun 2013, 2:43 pm
If there is sufficient evidence that that first driver actually caused the accident, then the tables can be turned. [read post]
3 Sep 2012, 11:29 pm
The Circuit Court of the Fifth Circuit had ruled that under Hawaii’s heightened standard (compared to the federal doctrine’s preponderance standard), the state failed to show by clear and convincing evidence that the suspect could not have gotten to and discarded a small baggy of drugs illegally recovered in a search incident to arrest.As arguments developed, it became clear that the court’s main concern was that the inevitable discovery doctrine tends to defeat… [read post]
12 Aug 2009, 7:34 am
Patent cases do not need, nor should they have, special rules of evidence. . . . [read post]
2 Feb 2015, 8:38 pm
This has been the ruling in the previous cases of Matter of Tract, 284 A.D.2d 543, 727 N.Y.S.2d 148 and Matter of Schnare, 191 A.D.2d 859, 860, 594 N.Y.S.2d 827). [read post]
11 Jan 2018, 5:56 am
The Supreme Court lately has shed light on this concept, ruling that the key to this equation is that the evidence must be "testimonial. [read post]
23 Jan 2013, 12:49 pm
’” (citations omitted)).Of experts:Also, precedent does not require “expert” opinions on matters of law. [read post]
14 Nov 2012, 1:51 pm
The core concept behind rule of law is that evidence is required to make a determination. [read post]
28 Aug 2024, 10:52 am
["[T]he district court’s Rule 50 ruling improperly intruded on the province of the jury by making credibility determinations, weighing evidence, and ignoring facts or inferences that a reasonable juror could plausibly have found to support Palin’s case. [read post]
28 Jan 2012, 5:48 pm
After careful evaluation of all evidences presented the court denied the motion to summary judgement in favor of Warren. [read post]
7 May 2014, 3:30 am
Eli Wald Context matters to lawyers. [read post]
22 Jun 2021, 7:27 am
The early reactions I have seen, likely supported by the rather misleading title of the press release, have been in the sense that the CJEU has ruled that platforms like YouTube and Uploaded do not communicate to the public under Article 3. [read post]
16 Dec 2011, 1:54 am
The source of our fear and criticism was due to the rule of Joseph Stalin, in particular, and of Chairman Mao, his protégé, who each ruled the two most powerful communist countries. [read post]
31 Jan 2024, 9:12 am
“The petitioner is correct that reconsideration of the rule is a pressing matter that belongs on the Commission’s current notice-and-comment rulemaking agenda,” Peirce concluded. [read post]
14 Dec 2020, 6:47 am
However, there was one new Rule which was adopted, which although procedural in nature, could directly impact how Family Court matters are handled, particularly those unresolved matters for which a trial may be necessary. [read post]
21 May 2008, 4:56 am
Mustapha took the matter to the nation's top court, which is expected to hand down its judgment this week.We will report on the Supreme Court's decision, once it is released. [read post]
10 Jan 2014, 8:27 am
But in October 2013, a law society hearing panel said it had no evidence to find the pair guilty of professional misconduct.Following the ruling, the law society took heat from the profession for continuing to prosecute the case. [read post]
