Search for: "MATTER OF RULES OF EVIDENCE"
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10 Jul 2024, 3:19 am
Jiang to develop direct evidence or better circumstantial evidence regarding the declarants’ respective understanding of the use of the DISO mark, the false statements in the Statement of Use and Section 8 Declaration, and other matters relevant to the declarants’ states of mind, but did not do so. [read post]
6 Sep 2022, 6:26 am
A ruling by Florida’s Fifth District Court of Appeal focused on issues surrounding the determination of the trigger date for the start of the period of repose. [read post]
6 Mar 2012, 9:06 am
No. 337-TA-383, finding that the Hague Convention procedures to compel discovery would not be effective on the facts of that case, was misplaced because that determination did not establish a “blanket rule” that the Hague Convention procedures are too lengthy and ineffective as a matter of course. [read post]
29 Mar 2017, 10:42 am
First, the Consortium presented evidence in respect of guidelines issued in 2012 (see Copyright Matters! [read post]
29 Mar 2017, 10:42 am
First, the Consortium presented evidence in respect of guidelines issued in 2012 (see Copyright Matters! [read post]
25 Mar 2013, 7:57 am
Kay’s professional training as a psychologist and the certifications contained in his report provide an adequate guarantee of the trustworthiness of his opinions on these matters to meet the threshold of reliability for their admission into evidence. [read post]
11 Mar 2008, 5:06 am
Rule 403, SCRE. [read post]
8 Dec 2019, 2:56 am
One such rule, known as the “two-hour rule,” is codified in VTL 1194(2). [read post]
18 Dec 2008, 1:56 pm
In particular, the court held that: "The standard by which findings of fact are reviewed is the ‘any evidence' rule, under which a finding by the trial court supported by any evidence must be upheld. [read post]
12 Aug 2022, 1:47 pm
Even if there is no evidence that Mr. [read post]
21 May 2021, 1:41 pm
It discusses a ton of the relevant canons -- plain meaning, legislative intent, surplusage, absurdity, rule of lenity, etc. -- and discusses them well. [read post]
30 Jun 2020, 4:00 am
" Plaintiff appealed the ruling to the U.S. [read post]
30 Jul 2013, 5:03 am
Significantly, the court said that the appointing authority was not required to read all 1,228 pages of the hearing transcript and each document submitted in the course of the hearing, citing Matter of Taub v Pirnie, 3 NY2d 188, 195 [1957). [read post]
7 Nov 2012, 10:00 am
In all negligence cases, duty is an element that must be proved to a preponderance of the evidence by the plaintiff. [read post]
30 Jun 2020, 12:00 am
" Plaintiff appealed the ruling to the U.S. [read post]
1 Nov 2023, 6:00 am
" Addressing a procedural matter, the Appellate Division observing the fact DOE's Position Statement was "unsigned and undated hearsay", said "[h]earsay evidence can be the basis for an administrative determination", citing Matter of Gray v Adduci, 73 NY2d 741, and "this Court need not limit our review to the language in the Citywide Panel's decision, as the Panel noted that it had reviewed the DOE's determination as well as… [read post]
1 Nov 2023, 6:00 am
" Addressing a procedural matter, the Appellate Division observing the fact DOE's Position Statement was "unsigned and undated hearsay", said "[h]earsay evidence can be the basis for an administrative determination", citing Matter of Gray v Adduci, 73 NY2d 741, and "this Court need not limit our review to the language in the Citywide Panel's decision, as the Panel noted that it had reviewed the DOE's determination as well as… [read post]
16 Sep 2013, 6:38 pm
The court noted that the issue may be ripe for reconsideration at the conclusion of discovery.The court otherwise ruled that alleged evidence showing that the defendant’s driver was talking on a cell phone at or about the time of the accident creates a reasonable inference that the driver was willfully inattentive, thus permitting amendment of the complaint to add punitive damages. [read post]
19 Nov 2013, 10:02 am
A doctor conducted an expert evaluation under Evidence Code section 730 and recommended that custody be awarded to the father. [read post]
24 May 2018, 5:00 am
This matter arose out of a motor vehicle accident that occurred in Pennsylvania. [read post]
