Search for: "MATTER OF RULES OF EVIDENCE"
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2 Nov 2017, 9:30 pm
And thirdly, that Millon’s approach underestimated the role and significance of ‘official’ rules at the pleading stage, which seems to have involved ‘a considerable amount of argument not just about matters of procedure … but also about substantive legal matters’, which helped to shape the issues which went to jury trial. [read post]
29 Sep 2010, 6:37 pm
Previously, I have argued that the learned treatise exception to the rule against hearsay poses significant and serious tensions with the requirements of Federal Rules of Evidence 702, 703, and 705. [read post]
23 Oct 2022, 6:43 am
What is striking about the ruling is the sweeping language employed by Judges Barry Silverman and Eric Miller. [read post]
20 Jan 2012, 9:27 am
Thursday’s ruling upheld the decision of a U.S. [read post]
3 Aug 2015, 6:52 am
These claims failed because the final rule on its face does not “prevent” or “restrict” the presentation of such evidence at a pre-election hearing. [read post]
4 Aug 2015, 7:37 am
The Court also noted that there is no rule of law that entitles the petitioner, as a matter of right, to build a driveway or road over the land between the cul-de-sac and his property. [read post]
15 May 2023, 1:49 pm
The parties (and the court) need to identify elements for each claim as a threshold matter. [read post]
8 Sep 2017, 6:01 am
Except for these specified matters, we otherwise modify the religious upbringing clause to allow each parent to exercise his or her discretion while the children are in his or her care or custody.JTA reported on the decision in an article published this week. [read post]
21 May 2008, 1:32 pm
"Habeas corpus review of a magistrate's extradition order is limited to determining whether (1) the magistrate had jurisdiction, (2) the charged offense falls within the treaty, and (3) the evidence was sufficient to believe that the defendant is guilty. [read post]
10 Feb 2016, 9:24 am
On all of these matters, trial judge ruled in favor of defense. [read post]
10 Feb 2016, 9:24 am
On all of these matters, trial judge ruled in favor of defense. [read post]
24 Jul 2008, 6:00 am
The case, Certain Questions of Mutual Assistance in Criminal Matters (Djibouti v. [read post]
9 Jan 2018, 4:43 pm
contains a relevant footnote:The applicable rule in Louisiana is Rule 8.2 of Louisiana's Rules of Professional Conduct, which tracks Model Rule of Professional Conduct 8.2. [read post]
23 Apr 2018, 3:05 am
If there’s a factual dispute about whether due diligence was exercised, the case will normally need to go forward so that the jury can hear evidence on the matter. [read post]
24 Jul 2013, 9:14 am
Does it always matter? [read post]
21 Dec 2017, 5:00 am
Sept. 28, 2017), the Pennsylvania Supreme Court declined to adopt a bright-line rule of predicating the admissibility of a person’s blood alcohol content (BAC) on the existence of independent corroborating evidence of intoxication.The Coughlin case arose out of a motor vehicle versus pedestrian accident.The Pennsylvania Supreme Court held that the admissibility of BAC evidence remains within the trial court’s discretion based upon the general rules of… [read post]
19 Mar 2018, 5:00 am
“Judicial notice” is a rule of law in evidence that allows a fact to be introduced into evidence if the truth is so authoritatively attested that it cannot be reasonably contested. [read post]
26 Jun 2024, 11:24 am
As a formal matter, Justice Barrett's opinion decides only that the plaintiffs lack Article III standing to seek injunctive relief (which is what they sought and obtained in the lower courts). [read post]
20 Nov 2020, 9:36 pm
This position fails to recognize how the “120-Day Rule” works. [read post]
13 Feb 2021, 7:25 am
Specifically, the Florida courts have ruled that the production of evidence that would allow a jury to conclude a front driver was negligent can result in a rebuttal of the assumption and dissipation of its legal effect. [read post]
