Search for: "MATTER OF RULES OF EVIDENCE"
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30 Mar 2021, 4:00 am
"The presiding hearing officer, NYPD's Deputy Commissioner - Trials, ruled that the CCRB was required to show by a preponderance of the credible evidence that the underlying facts, if proven in court, would constitute a crime in order to go forward with the disciplinary action. [read post]
15 Dec 2022, 4:23 am
" See Trademark Rule 2.122(b)(2). [read post]
12 Oct 2014, 7:46 pm
"The inherently technical subject matter at issue in patent litigation means that summary judgments [for an explanation of which, click here or here] are a rarity. [read post]
19 Feb 2014, 4:00 am
*The court said that substantial evidence in the record supports IBA's determination that DOL acted reasonably in concluding that Petitioner's complaints regarding health and safety were not a motivating factor in his dismissal from his position as a “Homebound Program”** teacher.Although there is evidence that Petitioner's supervisor “purportedly told a DOL investigator in 1993 that [Petitioner] was terminated from his position because he made… [read post]
20 Nov 2020, 5:27 am
The court additionally noted that the government Defendant could use the Social Security Administration determination to later offset any lost wages awarded in this matter. [read post]
17 Oct 2024, 9:30 pm
While the supposedly competing evidence relied on by unitary executive theorists may show an unrestricted removal power over some subordinate officers, this evidence does not rule out tenure protection for other subordinate executive officers. [read post]
7 Jun 2011, 8:44 am
Luckily, the Texas Rules of Evidence reflect that basic reality. [read post]
18 Nov 2016, 9:05 am
As a general rule, I don't think it matters that Malcom down in Engineering always calls the electric toothbrushes he designs "machine tools. [read post]
6 Jun 2016, 7:33 pm
The far more interesting (and clear-cut) issue, however, is whether the parrot's statement is hearsay.Hearsay, according to Federal Rule of Evidence 801(c), means a "statement" that:(1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement.Is the parrot's "statement" of "Don't f------- shoot"… [read post]
4 Aug 2010, 1:39 pm
Cal.) issued his ruling in Perry v. [read post]
25 Aug 2011, 12:01 pm
The Defence lawyers, however, failed to disclose this evidence in compliance with the Rules of Court. [read post]
27 Feb 2023, 10:23 am
If the town is able to muster evidence that livestreaming poses unique dangers to police, the court may rule that prohibitions on livestreaming are constitutional. [read post]
31 Jan 2011, 3:05 am
As a preliminary matter, plaintiff Eazypower repeatedly failed to comply with Local Rule 56.1 regarding statements of material fact. [read post]
16 Nov 2018, 8:32 am
If you need assistance with a similar matter, or any other matter connected with your disability claim, contact us at Dell & Schaefer for a free consultation. [read post]
7 Jul 2020, 6:28 am
The rule permits a judge to ask for additional evidence, giving the asylum applicant “up to 10 days” to respond. [read post]
25 Feb 2011, 8:16 pm
See prior decisions in this matter summarized on this blog here. [read post]
25 Apr 2014, 9:51 am
That is evident. [read post]
16 Sep 2016, 2:02 pm
The federal rules of evidence and most state evidence codes require more. [read post]
10 Jul 2020, 4:00 am
The ALJ ruled that Claimant was entitled to receive unemployment insurance benefits.The employer appealed ALJ's decision to the Unemployment Insurance Appeal Board [Board] contending that the ALJ's decision was contrary to the arbitrator's decision, which it maintained was final and binding. [read post]
10 Jul 2020, 4:00 am
The ALJ ruled that Claimant was entitled to receive unemployment insurance benefits.The employer appealed ALJ's decision to the Unemployment Insurance Appeal Board [Board] contending that the ALJ's decision was contrary to the arbitrator's decision, which it maintained was final and binding. [read post]
