Search for: "MATTER OF RULES OF EVIDENCE"
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24 Oct 2009, 7:00 am
"); (3) Determine whether the judge handling the matter has an individualized "chamber" rule or standing order providing guidance with respect to hybrid witnesses. [read post]
22 Apr 2019, 9:48 am
When moving to dismiss under Rule 12(b)(1) for lack of subject matter jurisdiction, a defendant can make a facial or factual challenge. [read post]
3 Mar 2015, 8:40 pm
Triers of fact are supposed to consider all sorts of evidence, some of which may be very unreliable, and make a finding based on the totality of all that evidence. [read post]
3 Mar 2015, 8:40 pm
Triers of fact are supposed to consider all sorts of evidence, some of which may be very unreliable, and make a finding based on the totality of all that evidence. [read post]
23 Apr 2018, 3:14 am
Under that rule, the Board applies a five-factor test to determine whether to strike pretrial disclosures"“1) the surprise to the party against whom the evidence would be offered; 2) the ability of that party to cure the surprise; 3) the extent to which allowing the testimony would disrupt the trial; 4) importance of the evidence; and 5) the nondisclosing party’s explanation for its failure to disclose the evidence. [read post]
9 Aug 2012, 8:33 am
Sistem then sought to enforce the homologated Judgment under Rule 60 of the Rules of Civil Procedure. [read post]
1 Feb 2015, 7:14 am
“It is evident that he was calling the appellant a Jesus nut. [read post]
24 Apr 2014, 1:47 pm
How far should the concept of the consumer be legally defined for the purposes of trade mark law, and how far should he be based in reality and evidence rather than in legal expression? [read post]
16 Jul 2013, 3:30 am
It was also contended that Rule 2 (d) and 2 (f) of IPAB Rules dealt with appeals and applications separately. [read post]
17 Oct 2018, 4:19 pm
Beyond OCR’s publication of extensive regulatory guidance and educational outreach discussing the responsibility to conduct and maintain documentation of appropriate enterprise risk assessments, virtually every announced HIPAA Security Rule civil monetary penalty assessment and other enforcement action identifies violation of the HIPAA Security Rule’s enterprise risk assessment requirements among the material transgressions committed and required to be corrected… [read post]
27 Oct 2020, 7:51 am
Does it matter? [read post]
28 Sep 2011, 7:51 pm
The appeals court further found that the outcome of Roe did not matter in this case. [read post]
4 Oct 2015, 5:30 am
Custody and visitation procedural rules are very state specific. [read post]
27 Jun 2024, 9:36 am
Proving Proximate Cause in Medical Malpractice Cases On appeal, the court reviewed the trial court setting aside the verdict, noting that the applicable rule allows for judgment as a matter of law only when no rational process could lead a jury to the given conclusion based on the evidence presented. [read post]
2 Dec 2013, 1:14 am
The Supreme Court will rule on whether a court can have regard to evidence adduced by the applicant which has not been disclosed to the respondent when hearing an application under the Police and Criminal Evidence Act 1984 s 9. [read post]
2 Dec 2013, 1:14 am
The Supreme Court will rule on whether a court can have regard to evidence adduced by the applicant which has not been disclosed to the respondent when hearing an application under the Police and Criminal Evidence Act 1984 s 9. [read post]
29 Jun 2009, 10:16 am
Thus, the Court adopts the strong-basis-in-evidence standard as a matter of statutory construction in order to resolve any conflict between Title VII’s disparate-treatment and dis-parate-impact provisions. [read post]
4 Oct 2013, 7:15 am
It’s a good rule too, because why should a plaintiff be allowed to change the stakes after a defendant has relied on the claims pleaded and evidence adduced to file a dispositive motion? [read post]
3 Nov 2023, 4:00 am
The Comptroller's determination will be sustained if supported by substantial evidence, citing Matter of McDermott v Gardner, 215 AD3d 1206]; 3. [read post]
11 Jul 2013, 4:20 am
" In addition, Judge Bartlett commented that “every reasonable intendment is indulged in favor of an award” and that in this instance the burden of proving that an arbitrator's ruling "constituted misconduct rests with [the employer] and must be met by clear and convincing proof,” citing Matter of Mencher, 276 App.Div. 556, 96 N.Y.S.2d 13. [read post]
