Search for: "MATTER OF RULES OF EVIDENCE"
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4 Apr 2016, 11:16 am
Daubert and the Federal Rule of Evidence 702 are intended to allow the court to act as a gatekeeper in keeping “junk science” away from jurors. [read post]
4 Jun 2015, 7:41 am
A party may move for dismissal of a case for lack of subject matter jurisdiction, and such motion must be considered before any other challenge. [read post]
13 Aug 2014, 5:15 am
’ [Mississippi Rule of Evidence] 901(b)(1).Clay v. [read post]
28 Mar 2011, 7:41 am
Does this reversal of order matter? [read post]
9 Apr 2024, 9:36 pm
Further, the lack of expertise by the members of the Bar in private international law-related matters and choice of law rules implies that most, if not all, foreign-related civil and commercial matters would be governed by Indian law in its capacity as the lex fori. [read post]
10 Jan 2012, 7:51 am
In the course of the lawsuit the Defendants put the matter into fast track litigation (Rule 15). [read post]
28 Jul 2010, 4:13 am
**The hearing officer ruled that Casale was required to prove that the Authority’s statements to which he objected were false by a preponderance of the evidence and that Casale failed to meet this test.The hearing officer found that Casle had repeatedly mischaracterized his source of information in an investigation of corruption as a confidential informant, concluding that “this conduct was dishonest. [read post]
10 May 2014, 4:15 pm
The Ruling of the Court: Under the rules, a trial court's decision to grant a new trial on the grounds that the verdict is contrary to the manifest weight of the evidence may be reviewed for abuse of discretion. [read post]
19 Jun 2014, 2:46 am
"Therefore, the Board ruled, the registrations must be cancelled.The Board rejected Respondent's laches defense, holding that as a matter of law, laches does not apply to a disparagement claim regarding a group, and even if it did, Respondent did not prove that it was harmed by any delay in bringing this proceeding.In dissent, Judge Bergsman concluded that petitioners' evidence failed to show that the term REDSKINS was disparaging at the time of the subject… [read post]
8 Apr 2015, 7:08 pm
"The People may not introduce evidence that they deem favorable to defendant on their direct case and impeach that evidence, also on their direct case, with evidence of defendant's silence. [read post]
30 Jan 2013, 12:56 pm
Some questions regarding admittance of evidence for example "here say" testimony, the parties may negotiate or decide the matters during evidentiary hearings, or conferences. [read post]
17 Feb 2012, 6:36 pm
The appellants of a probate case have filed for an objection against the original ruling of probate by the court. [read post]
10 Mar 2012, 4:39 pm
It is a question of fact to be determined on all of the evidence. [read post]
25 Mar 2014, 2:37 am
… Going forward, the clear directive to plaintiffs seeking class certification–in any type of case–is that they will face a rigorous analysis by the federal courts, will not be afforded favorable presumptions from the pleadings or otherwise and must be prepared to prove with facts–and by a preponderance of the evidence–their compliance with the requirements of Rule 23. [read post]
5 Apr 2021, 2:00 am
Her failure to present evidence of a positive test at WMC didn’t matter. [read post]
24 Apr 2010, 7:17 am
Editor’s Note: Edward Greene is a partner at Cleary Gottlieb Steen & Hamilton LLP focusing on corporate law matters. [read post]
16 May 2024, 9:19 am
This is not a small matter. [read post]
13 May 2014, 7:06 pm
Circuit ruled on May 13. [read post]
10 May 2022, 10:05 am
“In fact, no one before us has cited any evidence suggesting that a purely verbal censure analogous to Mr. [read post]
3 Aug 2015, 10:46 pm
In this case, the Appeals Court ruled that the scent of marijuana alone was insufficient evidence of criminal activity. [read post]
