Search for: "MATTER OF RULES OF EVIDENCE"
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7 Oct 2021, 6:00 am
For Anderson .Paak that might have been the motive behind his tattoo, making sure that use of his copyright will be made by his rules after death, using his skin as testimony of his will. [read post]
6 Oct 2021, 3:31 pm
In Charles' view, "The historical evidence is irrefutable despite the attempts of Standard Model writers who persistently claim otherwise. [read post]
6 Oct 2021, 12:59 pm
With no extrinsic survey evidence of consumer confusion, the claims failed. [read post]
6 Oct 2021, 8:51 am
Subsequently, Robinson presented two pieces of evidence to support its contention that Root had agreed to the Official Rules in connection with his participation in the sweepstakes. [read post]
6 Oct 2021, 8:51 am
Subsequently, Robinson presented two pieces of evidence to support its contention that Root had agreed to the Official Rules in connection with his participation in the sweepstakes. [read post]
5 Oct 2021, 5:52 pm
The court explained that Rule 404(b) is not a rule of exclusion but is a rule of inclusion, and therefore, extrinsic evidence should be admitted unless it tends to show only criminal propensity. [read post]
5 Oct 2021, 2:24 pm
" It established the following requirements to plead such a constitutional claim: "[T]o state a direct constitutional claim grounded in this unique right under the North Carolina Constitution, a public employee must show that no other state law remedy is available and plead facts establishing three elements: (1) a clear, established rule or policy existed regarding the employment promotional process that furthered a legitimate governmental interest; (2) the employer violated that… [read post]
5 Oct 2021, 12:33 pm
City and County of San Francisco, California, involving an attempt by 14 states to intervene to defend the Trump administration’s controversial “public charge” immigration rule after the Biden administration declined to defend it in court. [read post]
5 Oct 2021, 8:33 am
Mediators do not rule on the matters at hand, they simply facilitate the deliberation. [read post]
5 Oct 2021, 7:00 am
The court, citing Matter of Vargas [Mason ESC LLC-Commissioner of Labor, 185 AD3d 1339, explained "Whether a claimant has voluntarily left his or her employment without good cause is a factual issue for the Board to resolve and its decision will be upheld if supported by substantial evidence. [read post]
5 Oct 2021, 7:00 am
The court, citing Matter of Vargas [Mason ESC LLC-Commissioner of Labor, 185 AD3d 1339, explained "Whether a claimant has voluntarily left his or her employment without good cause is a factual issue for the Board to resolve and its decision will be upheld if supported by substantial evidence. [read post]
5 Oct 2021, 7:00 am
The court, citing Matter of Vargas [Mason ESC LLC-Commissioner of Labor, 185 AD3d 1339, explained "Whether a claimant has voluntarily left his or her employment without good cause is a factual issue for the Board to resolve and its decision will be upheld if supported by substantial evidence. [read post]
5 Oct 2021, 7:00 am
The court, citing Matter of Vargas [Mason ESC LLC-Commissioner of Labor, 185 AD3d 1339, explained "Whether a claimant has voluntarily left his or her employment without good cause is a factual issue for the Board to resolve and its decision will be upheld if supported by substantial evidence. [read post]
5 Oct 2021, 4:58 am
Originalists can certainly muster evidence in favor of the unitary executive, evidence the current majority on the Supreme Court seems to find conclusive. [read post]
5 Oct 2021, 4:20 am
Punitive Damages in Medical Malpractice Cases On appeal, the appellate court reversed the trial court ruling. [read post]
5 Oct 2021, 4:09 am
In any case, CME did not provide any evidence regarding the first element of the test: the need for its in-house counsel to have the information. [read post]
5 Oct 2021, 4:00 am
Preliminary matters can be dealt with online. [read post]
5 Oct 2021, 2:02 am
Supreme Court ruling in Bostock v. [read post]
4 Oct 2021, 3:30 pm
Under that rule, a defendant who introduces evidence on a given subject may “open the door” to the government’s introduction of responsive evidence and thus forfeit the right to exclude that responsive evidence under the confrontation clause. [read post]
4 Oct 2021, 2:06 pm
Criminal Matters are Fact-Specific and Require Close Attention to Detail Without any probable cause, according to the Court, Gibson’s lawyer was able to “knock out” the arrest which in turn “knocked out” or suppressed the drug evidence. [read post]