Search for: "MATTER OF RULES OF EVIDENCE"
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28 Jul 2016, 3:11 pm
Some chapters include citations to the Federal Rules of Evidence in parentheses. [read post]
14 Jul 2024, 8:46 am
If a jury’s verdict is reasonable upon consideration of the evidence, though, it should be upheld, as demonstrated in a recent New York ruling. [read post]
26 Feb 2014, 9:00 am
This obviously should be the first consideration in any matter, but in our experience, this rule often gets obscured. [read post]
29 Sep 2008, 8:08 pm
Ultimately, Mark refused to sign the agreement and the matter went to trial. [read post]
15 Nov 2020, 6:57 pm
Take a closer look though, and you’ll see their entire life belongings, and evidence that these camps are not recreational, but a matter of survival. [read post]
14 Dec 2007, 3:22 pm
" The court of appeals said that facts mattered, and that Mr. [read post]
26 Jan 2015, 7:22 am
Code §2252(a)(2); and Count 2: Possession of One or More Matters Containing VisualDepiction of Minors Engaged in Sexually Explicit Conduct in violationof 18 U.S. [read post]
6 Oct 2017, 5:30 am
" Further, the Appellate Division said that it was not free to substitute its assessment of the medical evidence for that of the Comptroller, "whose determinations must be upheld when they are supported by substantial evidence. [read post]
26 Jul 2013, 9:49 am
The general rule in Georgia is that when an off-duty police officer works for a private employer, that employer is not liable for "police duties" performed by the officer on the employer's property. [read post]
4 Aug 2023, 5:30 am
Citing Matter of Feinerman v Board of Coop. [read post]
8 May 2023, 11:45 am
The Court of Appeals affirmed the district court’s finding, ruling that there was substantial evidence to support the determination. [read post]
22 Oct 2015, 4:00 am
” However, said the court, Colabella did not make any such claims in her petition and thus "was not required to exhaust administrative remedies prior to bringing this proceeding, as this case does not involve a matter within the scope of the grievance provisions of the applicable collective bargaining agreement. [read post]
23 Dec 2013, 3:10 pm
The Court of Appeals began its analysis by reviewing some basic rules applicable to construing wills in Tennessee: (1) The construction of a will is a matter for the court----not the jury; (2) If a testator's intentions are clear, it is not for the court to second guess the testator and the court may never rewrite a will; (3) If someone makes a will, a court must presume that the person intended to die with a will and the court must seek to construe the will so as to… [read post]
24 Dec 2014, 12:00 am
He justified his conduct by saying he would have been criticized no matter what he did. [read post]
4 Aug 2023, 5:30 am
Citing Matter of Feinerman v Board of Coop. [read post]
10 Oct 2017, 4:00 am
., 2017 NY Slip Op 06995, Appellate Division, First Department Spoliation is the destruction or alteration of a document that makes it unavailable for use as evidence in a legal proceeding. [read post]
5 Jun 2013, 4:00 am
Significantly, said the Appellate Division, "[t]he same conduct that leads to a claimant being discharged for cause may not necessarily rise to the level of misconduct for unemployment insurance purposes," citing Matter of Wright [City of Syracuse—Commissioner of Labor], 101 AD3d 1198 and its decision will be sustained if supported by substantial evidence. [read post]
24 Sep 2021, 6:46 am
If you want a good summary of such cases, take a look at this ruling. [read post]
23 May 2014, 5:00 am
At this stage of the case, in the context of a controller squeeze-out, it is not possible to rule as a matter of law on the materiality or completeness of the disclosures about Donahue. [read post]
19 Oct 2020, 10:43 am
One issue that many people misunderstand when it comes to civil matters such as personal injury claims is the “burden of proof. [read post]
