Search for: "MATTER OF RULES OF EVIDENCE"
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6 Mar 2012, 4:03 pm
They are (1) substantive law, which creates the legal right to make a claim such as creating the legal elements necessary to make a valid claim; (2) procedural law, which provides rules regarding how and when a claim must be be lawfully made; and finally (3) evidence law, which provides rules regarding how one must prove (or disprove) a claim or a defense. [read post]
24 May 2018, 2:01 pm
After hearing evidence and argument on the two matters, the trial panel issued a divided decision. [read post]
8 Feb 2017, 2:00 am
The defendant in a case where someone was injured may as a matter of business have a rule about preparing incident reports by employees or managers of these facilities. [read post]
5 May 2016, 6:32 pm
The Court of Appeals affirmed, ruling that the standard of proof for an order for protection is a preponderance of evidence. [read post]
28 Jun 2011, 4:02 am
The Appellate Division affirmed the Board’s ruling, holding that the testimony by the school district, together with the letter sent to Murphy indicating a belief she would be offered the same amount of work during the succeeding academic year, provide substantial evidence to support the Board's determination [read post]
14 Feb 2007, 4:54 am
The prior inconsistency is not "real" or substantive evidence that a jury can use to determine guilt or innocence.However, as a matter of practice, once a jury hears something, the jurors will use that evidence for whatever they want to use it for. [read post]
14 Jan 2016, 1:05 pm
An additional wrinkle related to the evidence-necessary rule bears mention. [read post]
4 Apr 2013, 11:27 am
Stramiello, 392 So.2d 425 (La. 1980), is actually a case in which a court -- the Supreme Court of Louisiana -- found that the Best Evidence Rule did not apply to a writing... [read post]
23 Aug 2010, 8:07 am
Federal Rule of Evidence 606(b) provides that Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the... [read post]
26 Nov 2011, 4:40 pm
Like its federal counterpart, Ohio Rule of Evidence 803(5) provides an exception to the rule against hearsay for A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him... [read post]
14 Apr 2014, 5:34 am
’ Federal Rule of Evidence 404(b)(2). [read post]
18 Jul 2022, 9:10 am
In criminal matters, the burden of proof rests solely with the prosecution. [read post]
18 Dec 2012, 9:58 am
We are obviously opposed to any rule or ruling that allows a party to benefit from his/her own destruction of evidence – whether intentional or not. [read post]
20 May 2021, 7:59 am
—What Materials Matter in Forming an Opinion? [read post]
6 Nov 2010, 1:37 pm
(relying upon Rule 703 and case law and treatises interpreting this rule). [read post]
2 Jan 2009, 8:13 am
RULE 4.1 DUTY OF EXPERT DUTY OF EXPERT 4.1.01 (1) It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules, (a) to provide opinion evidence that is fair, objective and non-partisan; (b) to provide opinion evidence that is related only to matters that are within the expert's area of expertise; and (c) to provide… [read post]
3 Dec 2009, 9:45 am
Only after considering all these matters (which can range far and wide) and coming to some individual, human understanding of whether one person's interpretation or the other's is more persuasive can on go back to the rules to and use those rules to show how the rules and the evidence together will lead to that more persuasive result. [read post]
17 Oct 2017, 3:00 am
The post Under Dart Standard Fifth Circuit Rules Plaintiffs’ Mere Denials Insufficient to Rebut Defendants’ Amount-In-Controversy Evidence appeared first on CAFA Law Blog. [read post]
9 Mar 2015, 8:31 am
Justice Smith disagreed and in doing so provided the following reasons criticizing the ‘wait and see’ approach in defendant’s exercising their rights for independent medical exams: Rule 11-6(4) establishes a notice requirement for responsive evidence, but it does not exempt any party from the basic notice requirement in Rule 11-6(3). [read post]
20 Apr 2012, 9:08 pm
And that is the valuable lesson that the layperson should take away from this case: the rules of procedure and the laws of evidence (and, for that matter, all rules and laws) matter in court, and apply to everyone in court, even lay people. [read post]
