Search for: "MATTER OF RULES OF EVIDENCE"
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28 Jan 2009, 11:35 pm
(c) The court shall not hear evidence on a matter occurring before the last custody proceeding between the parties unless the matter relates to a change in the factors relating to the best interests of the child as described by section 8 and, if applicable, section 8.5 of this chapter. [read post]
7 Sep 2022, 7:47 am
The Mere Evidence Rule Trump makes a few additional Fourth Amendment arguments. [read post]
23 Jul 2012, 7:10 am
The court was unimpressed by plaintiffs’ “piggybacking” on the successful FTC enforcement action against the same claims, which it commented in a footnote should affect fees, though that didn’t matter here. [read post]
26 Jun 2013, 6:40 pm
The Federal Circuit thus held that it was "clear that the jury instruction in this case was erroneous as a matter of law." [read post]
10 Nov 2008, 4:49 am
"Whether a discovery privilege applies is a matter of law, subject to de novo review … However, whether specific materials are part of an internal quality control or a medical study is a factual determination, which will not be reversed on review unless it is against the manifest weight of the evidence. [read post]
10 Feb 2022, 3:58 am
But when any argument, no matter how ridiculously irrelevant furthers the cause, people will make it and sycophants will buy it. [read post]
22 Mar 2010, 9:53 pm
There is nothing in the Rule that limits the extension of the term “sufficient reason” to matters relating to the quantum of the claim. [read post]
28 Nov 2012, 2:00 am
The court applied Federal Rules of Evidence 502, which states: there is only a waiver if: “(1) the waiver is intentional; 2) the disclosed and undisclosed communications or information concern the same subject matter; and 3) they ought in fairness to be considered together. [read post]
28 Nov 2012, 2:00 am
The court applied Federal Rules of Evidence 502, which states: there is only a waiver if: “(1) the waiver is intentional; 2) the disclosed and undisclosed communications or information concern the same subject matter; and 3) they ought in fairness to be considered together. [read post]
8 Sep 2011, 1:07 pm
You can see the evidence of that every morning on 395, 495, 66 or Route 50. [read post]
12 Feb 2019, 10:35 am
Although the inclusion of the proposed mark in longer domain names was evidence, even strong evidence, of genericness, consumer surveys also matter. [read post]
6 Oct 2018, 11:31 am
Just because the rules of evidence don’t apply doesn’t mean that every piece of evidence is admissible. [read post]
17 May 2014, 7:49 am
The SCOV requests “that the parties address: (1) the Board’s finding that special counsel had not met the burden of proof by clear and convincing evidence that respondent failed to rule on father’s 2002 motion to terminate the guardianship, and (2) the Board’s recommendation of a private reprimand in light of Disciplinary Control Rule 6(7), which makes “rulings of the Board” public after the service of a formal complaint. [read post]
10 Dec 2015, 12:13 pm
That includes the power to criminalize an individual’s expression of sexual fantasies, no matter how perverse or disturbing. [read post]
6 Feb 2016, 1:27 pm
"[T]he purpose of this rule is to avoid duplication (Matter of Schoonhein, 158 AD2d 183 [1st Dept 1990]). [read post]
18 Aug 2009, 7:52 am
Footnote 5 to this Rule provides that "the requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. [read post]
11 Jun 2011, 2:35 am
Colorado (1949), and held that the state courts must exclude illegally seized evidence as a matter of federal constitutional law. [read post]
5 Feb 2019, 11:44 am
Also, the quality of the evidence matters very much. [read post]
14 Jan 2011, 8:55 am
The drafting committees have produced no evidence that the current rules are causing problems. [read post]
16 Feb 2021, 2:57 am
EFF has previously argued that in less-coercive settings, consent searches should be limited by four rules. [read post]
