Search for: "MATTER OF RULES OF EVIDENCE"
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14 Sep 2015, 7:32 am
By failing to advise the Colorado Civil Rights Division (CCRD) or the EEOC of her alleged rape by coworkers, a corrections officer deprived both agencies of the ability to consider the alleged-rape evidence, ruled the Tenth Circuit in finding that she failed to exhaust her administrative remedies. [read post]
15 Jul 2008, 4:45 am
Hypothetically, environment variables could reveal a visitor's network login, but as a practical matter that information is rarely revealed. [read post]
8 Mar 2014, 12:23 pm
As an initial matter, there is no good-faith exception to the Due Process Clauses. [read post]
22 Oct 2010, 7:24 am
” As you may imagine, the respondents contended that blog posts were “passive, untargeted communications [that] fail as a matter of law to qualify as actionable solicitations. [read post]
3 Dec 2022, 8:21 am
If you cannot agree, you present evidence to a judge who then rules on the issues. [read post]
7 Apr 2016, 2:27 pm
Weagree.Although evidence of complicity was considered by theEleventh Circuit in Harre, the court did not announce arule requiring such evidence to prevail on a Rule 60(b)(3)motion. [read post]
26 Nov 2019, 6:27 am
—from supplying such evidence, if it indeed exists. [read post]
1 Mar 2010, 5:34 pm
No matter what label you apply, the question is the same: Does a cost/benefit balance justify applying the exclusionary rule to new legal developments on direct review? [read post]
4 Feb 2010, 6:56 am
In this case, the California District Court remanded the action to state court ruling that in absence of diversity of citizenship, it lacked subject matter jurisdiction under CAFA. [read post]
19 Dec 2015, 8:22 am
Federal Rules of Evidence § 801(a) clearly reflects this carve-out. [read post]
27 Aug 2018, 10:19 am
Today's DJ has Ben Feuer's Don't Walk Into A Post-Trial Motion TrapIf you lose a trial or dispositive ruling, your first instinct may be to file a post-trial motion. [read post]
17 Nov 2013, 2:18 pm
A ruling by the judge presiding over the case that prosecutors could introduce evidence of Mangum’s previous arrest—in which she allegedly tried to get a knife to stab her then-boyfriend, Milton Walker—makes a conviction likely. [read post]
2 Jun 2023, 5:00 am
However, evidence that the actor acted recklessly is not required for a finding of gross negligence. [read post]
25 May 2023, 2:05 am
The Court of Appeals had affirmed the denial of those benefits by Respondents in connection with the evidence submitted on her first two applications, Matter of Salerno v Kelly, 139 AD3d 516.In support of her third attempt, Plaintiff submitted the affidavit of a retired colleague, stating that at the time of the terrorist attack, he was stationed with Plaintiff at the offices of the Internal Affairs Bureau. [read post]
1 Dec 2017, 4:00 am
In addition, in Matter of New York City Tr. [read post]
21 Jul 2014, 9:15 am
Can the government obtain a search warrant for particular emails you may have sent or received to look for evidence of criminal conduct? [read post]
23 Aug 2021, 4:00 am
The genesis of this Article 78 action was New York City Teachers Retirement System [NYCTRS] disapproval of a member's [Plaintiff] application for accidental disability retirement notwithstanding the fact that the Social Security Administration had earlier found that the Plaintiff was disabled.Supreme Court dismissed Plaintiff's petition, which ruling was unanimously affirmed by the Appellate Division.Citing Matter of Merlino v Teachers' Retirement Sys. of the City of… [read post]
16 Mar 2017, 8:13 am
The jury suggested a sentence of life, which the court imposed.The Sixth Circuit, reviewing the matter for habeas relief, found that counsel's conduct (or lack thereof) amounted to ineffective representation warranting habeas relief. [read post]
27 Aug 2015, 2:26 pm
The silence from that wing of the political spectrum on this issue is deafening.Regardless, the law doesn't seem to matter in Waco anymore. [read post]
28 Dec 2023, 11:54 am
New evidence from the EU–South Korea treaty Kazunobu Hayakawa, Naoto Jinji, Nuttawut Laksanapanyakul, Toshiyuki Matsuura, & Taiyo Yoshimi, Quantifying the costs of utilising regional trade agreements Yulin Hou, Deep trade agreements and trade costs Zhaobin Fan, Sajid Anwar, & Ying Zhou, Deep trade agreements, production position distance and bilateral global value chain participation Amelie Guillin, Isabelle Rabaud, & Chahir Zaki, Does the depth of trade… [read post]
