Search for: "MATTER OF RULES OF EVIDENCE"
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15 Feb 2017, 5:00 am
Perhaps, while the rules permit their use in NJ, such evidence should be a key factor in preparation of a case for trial, even if the only issue is merely "the nature and extent of permanent disability. [read post]
21 Nov 2013, 8:02 am
Ultimately, the Michigan Court of Appeals overturned Relerford's conviction on November 19, ruling that his right to a fair trial was violated. [read post]
20 Mar 2019, 4:00 am
The Comptroller adopted the Hearing Officer's findings of fact and conclusions of law and Petitioner appealed the Comptroller's determination.The Appellate Division confirmed the Comptroller's ruling. [read post]
18 Jan 2019, 3:00 am
As such, the Superior Court ruled that an award of stipulated medical expenses was supported by the record. [read post]
13 Sep 2017, 9:33 am
In the habeas matter of Wilkerson v. [read post]
27 Jan 2023, 7:23 am
Since the court had some interesting evidentiary rulings, I’m blogging that here. [read post]
7 Jan 2013, 7:30 am
But we do not believe that the New York Court of Appeals created an inflexible rule that would allow a single factor -- one-on-oneness -- to delimit the definition of the crime, without regard to other evidence of the defendant's mental state. [read post]
11 Jan 2019, 5:30 am
Mariani ruled that a carrier's rejection of a policy limits demand, in and of itself, is not evidence of bad faith absent other evidence of unreasonable and intentional under-evaluation of the claims presented. [read post]
31 Mar 2021, 6:56 pm
More specifically, the Court found that deposition questions that are properly the subject to objections to the form of the question include “compound questions, questions that are ambiguous, unintelligible, misstatements of evidence or testimony, argumentative, assuming facts not in evidence, calling for speculation and deponent answers that are non-responsive. [read post]
20 Mar 2019, 4:00 am
The Comptroller adopted the Hearing Officer's findings of fact and conclusions of law and Petitioner appealed the Comptroller's determination.The Appellate Division confirmed the Comptroller's ruling. [read post]
4 Jan 2016, 12:46 pm
Eq. at 314; see also In re Dodge, supra, 50 N.J. at 228.In determining whether the Defendant was the dominant person in the relationship there is no clear cut rule and instead the court must look to the particular circumstances of the matter. [read post]
26 Dec 2016, 8:33 am
Eq. at 314; see also In re Dodge, supra, 50 N.J. at 228.In determining whether the Defendant was the dominant person in the relationship there is no clear cut rule and instead the court must look to the particular circumstances of the matter. [read post]
29 Jun 2012, 9:08 am
""There's a very unhappy message for counsel," says Cherniak, who noted much of the evidence against his client stemmed from Court of Appeal proceedings related to Felderhof's matter during which Groia wasn't a party. [read post]
28 Dec 2012, 1:59 pm
The Ruling of the Court: Here, the court must make two related inquiries concerning the sufficiency of the information. [read post]
24 Feb 2010, 9:59 am
Matter of Paul Mazzotte v Thomas DiNapoli, as State Comptroller Petitioner was a correction officer for over 20 years. [read post]
25 May 2007, 9:28 am
While the lower court threw out the drugs and gun as evidence, ruling that the officer had actually seized the man by asking him for identification, the Sixth Circuit reversed (.pdf) that saying that a request from an officer for identification is just a request and a citizen should know they are free to walk away. [read post]
27 Nov 2017, 4:35 am
” The Court ruled that there were fact issues surrounding whether defendant “breached a duty to exercise due care under the existing circumstances[,]” and summary judgment was thus reversed. [read post]
10 Jan 2020, 11:59 am
To the strongest critics of the system, “the pop” is evidence that underwriters are failing to get the best price for issuers. [read post]
19 Jan 2023, 6:12 am
Miller’s demand for the $4 million transfer ‘is far from ordinary,’ Winter wrote, considering evidence that ‘untold’ assets were already stolen from the same asset pool. [read post]
15 Aug 2024, 2:21 am
Because the traditional procedural rules applied in other civil cases will be followed, evidentiary hearings and discovery will likely become commonplace, a process that will bring both more evidence and delay, which usually benefits employers. [read post]
