Search for: "MATTER OF RULES OF EVIDENCE"
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20 Jun 2022, 9:01 pm
There is, as far as I can see, no evidence that there is a meaningful problem—and certainly no evidence that any problem that might exist has lately gotten out of control. [read post]
20 Jun 2022, 2:00 pm
It is error for a Court to consider matters outside the pleadings in ruling on a Motion to Dismiss without also affording all parties an opportunity to develop a summary judgment record. [read post]
20 Jun 2022, 8:03 am
The appellate court found in July 2021 that “substantial evidence supports” the NLRB’s ruling. [read post]
20 Jun 2022, 5:57 am
The high court’s ruling was generally consistent with how the superior court and the court of appeals had viewed the matter, and the case will apparently proceed to trial. [read post]
20 Jun 2022, 4:55 am
Finally, the government of Canada has tabled its long-awaited privacy law, intended to completely overhaul Canada’s private sector privacy law, and rocket the country to the front of the pack for protecting privacy. [read post]
20 Jun 2022, 3:58 am
But no matter what your situation, I urge you to reach out to me if you’d like to discuss your own specific circumstances or feel like you need some help in protecting your company against your China manufacturers. [read post]
20 Jun 2022, 1:44 am
The onus rests on the party seeking to enforce the foreign judgement.[5] Bank of China Ltd (‘plaintiff’) served the originating process on Ying Chen (‘defendant’) pursuant to r 11.4 and Schedule 6(m) of the Uniform Civil Procedure Rules 2005 (NSW) (‘UCPR’) which provides that an originating process may be served outside of Australia without leave of the court to recognise or enforce any ‘judgement’.[6] Central to this dispute was… [read post]
19 Jun 2022, 11:00 pm
Practice Defensive Driving At times, it doesn’t matter how safe you’re driving because even if you’re driving within the speed limit and following the traffic laws, someone else might crash into you. [read post]
19 Jun 2022, 9:05 pm
“We assume solely for purposes of this motion that the government will be able to prove that the conduct alleged in ¶¶ 9 through 18 occurred–a threshold requirement for admissibility of “other act” evidence under Rule 404(b). [read post]
19 Jun 2022, 4:44 pm
The authors state the obvious; namely, toxicologic evidence is best suited to the assessment of general causation. [read post]
19 Jun 2022, 12:40 pm
Further, breach of quiet enjoyment was a contractual matter, not one giving rise to tortious liability. [read post]
19 Jun 2022, 7:39 am
When a section 2-1401 petition is premised on newly discovered evidence, “the petitioner must show the new evidence was not known to [him or] her at the time of the proceeding and could not have been discovered by the petitioner with the exercise of reasonable diligence. [read post]
19 Jun 2022, 7:06 am
Or the author of a respected treatise (Wigmore on Evidence, for example) might have been viewed as an epistemic authority on matters within the scope of the author's expertise. [read post]
19 Jun 2022, 5:08 am
“Court dockets in this district overflow with Freedom of Information Act (FOIA) matters. [read post]
19 Jun 2022, 2:13 am
Court of Appeals for the 9th Circuit’s standard for admitting expert testimony — which departs from other circuits’ standards — is inconsistent with the Supreme Court’s precedent and Federal Rule of Evidence 702. [read post]
19 Jun 2022, 12:04 am
The court schedules pre-trial hearings for the judge to hear each side’s argument to make a ruling in the case. [read post]
18 Jun 2022, 8:09 am
The demand is entirely without legal or ethical merit absent new evidence that Justice Thomas himself engaged in political advocacy while ruling on related cases. [read post]
18 Jun 2022, 5:15 am
Intoxication Even though the Lyft rules and regulations expressly prohibit driving while intoxicated or even having an open bottle of alcohol in the car while on duty, some Lyft drivers still do it. [read post]
18 Jun 2022, 12:45 am
And rider training is a matter of life and death. [read post]
17 Jun 2022, 9:07 pm
Based on joint stipulated facts and submitted documentary evidence, Supreme Court granted the Town and Village's joint motion and dismissed the petitions. [read post]