Search for: "MATTER OF RULES OF EVIDENCE"
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26 Dec 2019, 9:30 am
Put differently, a "rational judgment" in this context is not one that an observer would deem a "good judgment" but instead is one made by a person who is able to comprehend the nature and consequences of the matter…. [read post]
21 Jun 2020, 6:06 am
However an applicant would be entitled to produce documents proving the accuracy or inaccuracy of a matter of common knowledge. [read post]
3 Oct 2013, 9:40 am
The brief points out that Rule 23 (for determining class certification) "does not require a roll call (nor, for that matter, does due process). [read post]
15 Feb 2018, 3:15 pm
” The evidence is indeed overwhelming. [read post]
23 Mar 2016, 4:00 am
In addition, the Appellate Division ruled that “The evidence was also sufficient to establish that Dolan violated the provision of the Supplemental Rules of Conduct and Procedure …. [read post]
16 Oct 2014, 4:41 pm
" The Court found that the court below had erroneously "concluded that the exclusionary rule does not apply to prevent the State from using evidence derived from the statutory violation. . . . [read post]
22 Mar 2011, 4:01 pm
Where this is the case the rapporteur’s duties consist of either ensuring, under the board’s supervision, that the procedural rules or the directions of the board of appeal are complied with by the parties, or, where it comes to substantive matters (Article 5(3) RPBA), of acting on behalf of the board. [read post]
18 Oct 2018, 5:57 am
Under the exclusionary rule, illegally obtained evidence is inadmissible in court. [read post]
19 Jul 2011, 2:00 am
Here’s how the court has ruled in various circumstances: • First, on the often critical issue of claim construction, the Federal Circuit has ruled that the USPTO is not bound by a district court’s claim construction. [read post]
25 Jun 2010, 7:41 am
Because the evidence was insufficient as a matter of law … the threshold intent question should not have been submitted to the jury, and sentencing should have been done by the district court. [read post]
10 Jul 2013, 12:00 am
As such, the Federal Circuit concluded that the jury instructions were erroneous as a matter of law. [read post]
25 Jan 2016, 4:44 pm
The court’s ruling upheld a lower court decision that evidence against the defendant, Aaron Lichtenberger should be suppressed because the search was unconstitutional. [read post]
13 May 2014, 1:34 pm
If so, my question poses no challenge to his story, it is just a matter of clarification. [read post]
7 May 2018, 1:07 pm
Our recommended revisions include the following: Eliminate the 300-day deadline for a matter to proceed from complaint to post-hearing determination and conform time limits to those set forth in the Federal Rules of Civil Procedure Allow respondents to conduct depositions and written discovery of the Bureau and to obtain third-party discovery and testimony through subpoenas Conform evidentiary rules to the Federal Rules of Evidence, including the… [read post]
27 Nov 2013, 4:10 am
The claim for costs is governed by the Rules of Practice and Procedure, former Rule 14.03 of which provides that costs can be awarded against the Society “where it appears that the proceedings were unwarranted. [read post]
3 Apr 2014, 5:00 am
The same concerns might also lead to leaving a hold in place, instead of rethinking matters, when different litigation comes along.We fully appreciate the heads-you-win, tails-I-lose position in which attorneys drafting litigation holds find themselves: Define their preservation terms too narrowly and our side risks being second-guessed down the road for “under-preserving” or, worse yet, spoliation. [read post]
28 Jul 2022, 10:21 am
Amazon did not appeal the jury verdict directly, but rather the district court’s refusal to grant JMOL whose standard asks whether there was sufficient evidence presented at trial such that a reasonable jury could have ruled in the same way that the actual jury ruled. [read post]
31 Jan 2011, 4:05 am
Griffin v Walters, 83 AD2d 618.Although the Department argued that “the technical rules of evidence need not be complied with in disciplinary proceedings before administrative bodies,” the court said that the deficiency in the proof of the Department’s efforts to effect service in Lima “goes beyond the lack of technical compliance. [read post]
16 Jan 2008, 10:00 am
Nor does the intent of Congress matter. [read post]
20 Apr 2009, 11:06 am
Of course, they will deny it, but if you have evidence that they hired an agent, were paid by the magazine, etc., then it does not really matter what they say because they will be sufficiently impeached before the jury in any event. [read post]
