Search for: "MATTER OF RULES OF EVIDENCE"
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28 Feb 2020, 1:00 am
”In this matter the admissibility of the testimony rested on the restrictions pertaining to 'fit.' In that regard, the court noted that, under Federal Rule of Evidence 702, the expert testimony must help the jury to understand the evidence or to determine a fact in issue.The court noted that the “standard for fit is ‘not that high,’ although the standard was noted to be is higher than mere relevance.In the end, the… [read post]
6 Feb 2014, 2:33 pm
Judge Forrest rejected as insufficient as a matter of law plaintiff’s supposedly contrary evidence that the defendant failed to conduct a trademark search before adopting its mark and that the defendant continued to use the mark after being sued. [read post]
22 Nov 2022, 6:25 am
Since 2020, U.S. immigration officials have used a rule known as Title 42 to expel certain immigrants who were accused of crossing the border illegally without following the standard deportation procedures. [read post]
26 Apr 2013, 10:14 am
However, either of both parties objected, either or both could bring the matter to the court for review. [read post]
2 Apr 2014, 10:39 am
Any parties with strong opinions on the matter should be sure to let the Commission know. [read post]
9 May 2017, 8:42 am
This is a civil case, as opposed to a criminal one, but it deals with important matters pertinent to those in a traffic stop. [read post]
4 Sep 2012, 7:59 am
Sarvey's deposition testimony from the CFTC matter. [read post]
24 Dec 2019, 4:26 pm
The standard arose out of the principle that when a jury is presented with conflicting evidence that creates an issue of fact but resolves the matter in favor of the defendant, the jury’s findings should be upheld. [read post]
3 Jun 2023, 7:48 pm
“Although testimony that would be proper as evidence in chief should not be reserved for rebuttal, these matters rest largely within the discretion of the trial court and such rulings will ordinarily not be set aside upon review. [read post]
19 Jun 2013, 7:16 pm
The basic principle behind this rule is straightforward – thatwhich would have been surprising to a person of ordinary skill in a particularart would not have been obvious. [read post]
18 Jan 2016, 11:16 am
It's tempting to say that arbitration -- often billed as being quicker and less expensive than in-court litigation --- shouldn't include any discovery, but as a practical matter, it often does. [read post]
12 Sep 2022, 5:00 am
The Board proposes to consider both direct evidence of control and evidence of reserved and/or indirect control over these essential terms and conditions of employment when analyzing joint-employer status. [read post]
22 Oct 2015, 10:57 am
But other times, it seems to just be a matter of Customs rethinking the issue or never having been happy with the result the first time around. [read post]
11 Jan 2009, 12:20 am
Though matter management and e-billing systems are more widespread than in the past, I see no evidence that law departments have systematically used these systems to create historical records of - and, more importantly, forecasting tools for - their litigation costs. [read post]
6 Nov 2011, 5:49 pm
She offered, of course, no evidence to corroborate her claim. [read post]
15 May 2014, 8:45 pm
[…] Therefore, as a threshold matter, in order for the rule of reason requirement to even apply there must be some evidence that a fact-finder can find reasonable; the putative inventor must first provide credible testimony that only then must be corroborated. [read post]
23 Jun 2009, 12:55 pm
The Courts in Sarasota and Manatee formerly ruled that the State would have to provide expert testimony in order to have the Defendant's breath test results admitted into evidence. [read post]
9 Apr 2010, 7:46 pm
Not every restriction on the exercise of federal jurisdiction is unconstitutional: limitation periods, procedural rules, the requirement to plead a cause of action and the rules of evidence all do so. [read post]
10 Jul 2020, 1:19 pm
Since the early days of the Republic, as Chief Justice Roberts put it, presidents have been required to produce evidence in federal criminal proceedings. [read post]
9 Apr 2007, 10:24 pm
It's rare that a federal circuit court of appeals issues its ruling on the day of oral argument. [read post]
