Search for: "MATTER OF RULES OF EVIDENCE"
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13 Sep 2014, 3:18 pm
An out of court statement offered for the truth of the matter asserted is hearsay under the evidence rules and are not admissible at a trial or hearing, unless they fall under a hearsay exception. [read post]
19 Dec 2014, 9:59 am
An excerpt: Based upon the record evidence, the district court in this matter has done just that–accurately discerned the contemporaneous intent and understanding of the 1882 Act. [read post]
10 Jul 2015, 5:00 am
In ruling in this regard, the Court noted that, typically, a law firm that did not participate in the underlying matter, which gave rise to the alleged bad faith claim was also employed by the Plaintiff’s attorney from the underlying matter to prosecute the bad faith claims. [read post]
15 Jun 2022, 6:09 am
An ongoing hot topic is whether the examiners are accepting post-filing experimental evidence during patent examination. [read post]
12 Aug 2008, 8:28 pm
The court normally will rule on such a motion at that time. [read post]
2 Jun 2017, 1:10 am
In relation to the evidence provided in Annexes 1 and A, the established case law of the boards is that there are no firm rules according to which types of evidence are, or are not, convincing. [read post]
22 Sep 2014, 8:03 am
In Missouri, a claimant for workers’ compensation can lose between 25% and 50% of their benefit if the employer can show sufficient evidence that a safety rule was well known, consistently enforced, and disobeyed by the employee at the time of the accident, causing their injury. [read post]
22 Sep 2014, 8:03 am
In Missouri, a claimant for workers’ compensation can lose between 25% and 50% of their benefit if the employer can show sufficient evidence that a safety rule was well known, consistently enforced, and disobeyed by the employee at the time of the accident, causing their injury. [read post]
30 Jul 2012, 3:00 am
Second, even if the evidence were timely, Judge Boasberg found that the new evidence would not have changed the court's prior ruling striking down the new election rules: While Burnett’s affidavit certainly buttresses the agency’s position, it by no means achieves this demanding standard. [read post]
23 May 2012, 8:22 am
The prosecution team might decide, as a matter of discretion, to introduce only evidence that also could have been admitted during the federal district court trial the administration preferred. [read post]
7 Jan 2022, 2:26 pm
Recently, a Florida appellate court explained what evidence is needed to establish that a person’s inebriation prevented them from consenting to sexual contact, in a ruling in which it denied the defendant’s motion for a rehearing in a sexual battery case. [read post]
21 Feb 2017, 5:00 am
Of note was the fact that the court found that the amount of $1.3 million dollars awarded the Plaintiff for future income loss was not supported by the evidence and was not even sought by the Plaintiff. [read post]
25 Feb 2021, 5:14 pm
The appellate court agreed and reversed the Judge’s ruling. [read post]
19 Jul 2008, 1:18 pm
” The court will soon have an opportunity to clarify matters. [read post]
7 Nov 2013, 12:03 pm
McMath) finding that full Rule 15 costs were appropriate where a matter settled 3 months before trial and the only meaningful work that was left related to witness preparation. [read post]
23 Sep 2011, 4:19 pm
Substantial evidence supports the redesignation of AHIF-Oregon as a specially designated global terrorist under EO 13,224, for two of the three reasons advanced by OFAC. [read post]
24 Feb 2014, 6:37 pm
However, the adequacy of a particular description is a case-specific conclusion, not an all-purpose rule of law. [read post]
7 Jul 2020, 1:43 pm
It is well-established that in medical malpractice cases in New York, a defendant may obtain a ruling in its favor prior to trial if it establishes a prima facie showing that it is entitled to judgment as a matter of law. [read post]
16 Nov 2023, 4:00 am
The Court did not, however, go on to apply the exclusionary rule and exclude the evidence as appellate courts have sometimes done after finding a Fourth Amendment violation. [read post]
24 Jun 2010, 7:21 pm
Justice Ehrcke disagreed and admitted the evidence finding that if fit the “admissions” exception to the hearsay rule. [read post]
