Search for: "MATTER OF RULES OF EVIDENCE"
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22 Oct 2011, 5:00 am
Two exclusionary grounds remain, however, in the current rules of evidence – witnesses who are mentally incompetent and children. [read post]
27 Jan 2016, 6:25 am
Notably, Plaintiffs argued that the rule was not applicable where there had been no loss of evidence and where “there certainly ha[d] not been both (i) loss of evidence AND (ii) ‘such evidence [could not] be restored or replaced’ as required by Rule 37. [read post]
9 Jan 2017, 11:37 pm
This evidence was sufficient to show appellees' entitlement to judgment as a matter of law because it established that appellees had "earlier title emanating from [a] common source. [read post]
15 Feb 2018, 7:20 am
The issue would have been different if, as a matter of evidence, the letters were known to have reached their destination in the sense of Rule 126(2) EPC, but were not processed by the addressee due to an internal reorganisation, i.e. under circumstances within the control of the addressee.5. [read post]
15 Feb 2018, 7:20 am
The issue would have been different if, as a matter of evidence, the letters were known to have reached their destination in the sense of Rule 126(2) EPC, but were not processed by the addressee due to an internal reorganisation, i.e. under circumstances within the control of the addressee.5. [read post]
16 Dec 2013, 2:01 pm
The Texas Court of Criminal Appeals last week adopted yet another court-created federal exception to the exclusionary rule in state-level search and seizure cases that allows evidence to be admitted in the face of clear police misconduct, even though Texas has a statutory exclusionary rule that - unlike the court-created federal version - includes no exceptions on its face. [read post]
19 Dec 2016, 9:08 am
This factor was insignificant here.Intent: the court of appeals followed the common, but unfortunate, rule that (1) likely confusion can be inferred from intent to confuse, and (2) (the bad part) evidence that the defendant knew of the plaintiff’s trademark can be sufficient circumstantial evidence of intent to confuse. [read post]
14 Oct 2013, 12:04 pm
Consequently, based on the man's admissions and the evidence presented at the hearing, charges one, two, three, four, and six are sustained. [read post]
3 Jun 2021, 2:43 pm
The matter came before the court on appeal after a jury ruled in favor of the plaintiff. [read post]
8 Aug 2016, 2:30 pm
The “playbook” belies that background, giving off the sense that these matters are business as usual. [read post]
9 Jan 2014, 5:49 am
Because precedent is a common law matter, the courts in the first instance and Congress ultimately have significant discretion over what precedent rules should be adopted. [read post]
3 May 2024, 3:46 am
In ruling on the Bauer and BM2’s counterclaims the court referred to the Texas mandatory venue statute. [read post]
8 Feb 2024, 7:09 am
The decision emphasized that the violation of the rule of law and equality before the law is a matter of judicial scrutiny, reinforcing the importance of legal principles.. [read post]
4 May 2012, 5:41 am
The proposal to analyze these disputes as a class matter does not make common sense." [read post]
4 May 2012, 5:41 am
The proposal to analyze these disputes as a class matter does not make common sense. [read post]
9 Dec 2019, 5:00 am
”The Court of Appeals also holds that plaintiff has proffered enough evidence of discriminatory intent in violation of Title VII. [read post]
28 Jul 2023, 4:58 am
She argues that a trial in a civilian court is not only an appropriately weighted response to the violence, but will also strengthen the rule of law. [read post]
16 Oct 2014, 12:00 am
The statement might be admitted into evidence not for the truth of the matter asserted — that there was a sale of cheese on the moon — but to reflect Mary’s state of mind. [read post]
13 Jun 2011, 12:20 pm
Such evidence may be admitted for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity or absence of mistake or accident when such matters are relevant to a material issue in dispute. [read post]
15 Sep 2010, 6:39 am
The arbitrator’s ruling means that Mr. [read post]
