Search for: "MATTER OF RULES OF EVIDENCE"
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25 Apr 2012, 2:00 am
In a perfect world, when you go to trial on a collection or other matter, you would present one witness who was involved in every aspect of the transaction at issue. [read post]
6 Feb 2020, 7:08 am
Social Security is already behind on CDRs and the proposed rule change would only exacerbate the matter. [read post]
16 May 2008, 7:49 am
" Without evidence that shows that a certain procedure must occur (either by policy or strong habit-type evidence), discovery is not inevitable. [read post]
26 Oct 2011, 1:44 am
The Court of Appeals of Mississippi has ruled that a plaintiff injured when her vehicle collided with a horse on a dark roadway must prove that the horse owner was negligent is allowing the horse to be on the road. [read post]
11 Jun 2023, 8:14 am
In ruling on the motion the court shall weigh the evidence, considering the credibility of the witnesses and the weight and quality of the evidence. [read post]
2 Sep 2015, 7:21 am
Moreover, Lightning offered no evidence that Anadarko has bottomed or opened a well within Lightning’s lease. [read post]
26 Feb 2016, 8:08 am
Thus, the right of publicity claims were based on a work within the subject matter of copyright. [read post]
20 May 2019, 4:00 am
” Thus, said the court, Plaintiff's failure to accommodate claim fails as a matter of law, citing Borkowski v. [read post]
5 May 2020, 5:16 pm
The testimony decision is highly fact dependent and there is no black and white rule. [read post]
20 May 2019, 4:00 am
” Thus, said the court, Plaintiff's failure to accommodate claim fails as a matter of law, citing Borkowski v. [read post]
22 Apr 2021, 7:41 am
In footnote 94, the Board states: "The sole challenge in Booking.com was that 'as a rule, combining a generic term with ‘.com’ yields a generic composite.' Thus, the issue of whether the Board erred in its weighing of evidence was not before the Court. [read post]
28 Dec 2017, 8:30 am
In the matter of In re B. [read post]
12 Jan 2011, 12:12 pm
You might wonder why this matters. [read post]
3 Apr 2017, 3:56 pm
Attempting to overcome the “limited” nature of evidence in support of their nuisance claim, consisting mainly of speculative expert opinions linking drilling and the plaintiffs’ aquifers, plaintiffs in their presentation appealed to outside evidence, which the court had excluded by in limine pretrial rulings. [read post]
9 Jan 2010, 7:02 am
No matter how unlikely or improbable, the plaintiff's allegations must be accepted as true for the purpose of ruling on the demurrer. [read post]
9 Jan 2010, 7:02 am
No matter how unlikely or improbable, the plaintiff's allegations must be accepted as true for the purpose of ruling on the demurrer. [read post]
14 Aug 2013, 8:41 am
” The district court thus granted judgment as a matter of law. [read post]
6 Jul 2010, 12:00 am
IN THE MATTER OF STATE v. [read post]
24 Jul 2013, 6:23 am
I argued earlier that the “rule requiring notice” (aka the “knock and announce rule”) helps show why “sneak and peek” searching raises Fourth Amendment issues. [read post]
6 May 2021, 4:54 pm
A juror’s initial view of the case is not what matters. [read post]