Search for: "MATTER OF RULES OF EVIDENCE"
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28 Aug 2014, 8:34 am
As a practical matter, when there is “reason to believe” that the vehicle contains evidence of crime, there will often also be probable cause that the vehicle contains evidence of a crime. [read post]
28 Jan 2019, 8:18 am
The Court ruled that when exculpatory evidence is disclosed after a detention hearing, trial courts should use a modified materiality standard in deciding whether to reopen the hearing. [read post]
14 Sep 2011, 3:11 am
Discretion to discipline staff Matter of Gaul, Decisions of the Commissioner of Education #14432 Matter of Middleton, Decisions of the Commissioner of Education #14431 The Gaul and Middleton appeals both involve the challenges to the exercise of discretion involving the filing of disciplinary charges against an employee. [read post]
31 Jul 2013, 6:00 am
The courts have, however, allowed evidence of OSHA regulations as a guide to determine the “reasonable man” standard of care. [read post]
11 Feb 2015, 4:30 am
” So troubled was the court by the apparent violation of Rule 8.4 that referred the matter to the Illinois Attorney Registration and Disciplinary Commission (ARDC). [read post]
3 Mar 2012, 6:48 am
If, in the face of the evidence, reasonable people would differ regarding the presumed fact, the presumption will be overcome. [read post]
30 Mar 2017, 3:43 am
In the present matter, neither plaintiff nor any witnesses could testify regarding the cause of the fall. [read post]
28 Apr 2011, 6:54 am
Sometimes, at least in respect of interlocutory matters, the evidence of counsel may be the best evidence available. [read post]
15 Sep 2011, 8:26 am
Remember, your choice does matter. [read post]
5 Jul 2019, 8:35 am
Note that for matters under the Drainage Act, costs are awarded only as provided in that Act.An order for costs is very rare. [read post]
7 Feb 2015, 11:20 am
The absence of evidence demonstrating how long a condition existed prior to plaintiff's accident constitutes a failure to establish the existence of constructive notice as a matter of law. [read post]
10 Jun 2013, 1:23 pm
Schaeffer tells NPR that rules and regulations make it harder for employers to grant flexible work arrangements because the employer is required to track pay and hours worked.As an initial matter, a complaint about rules and regulations is a reason to change or get rid of the rules and regulations. [read post]
2 Oct 2013, 5:32 pm
Particularly in matters in the Provincial Court and where a party has already filed an address for service, we're all pretty accustomed to service by mail. [read post]
20 Jan 2013, 10:26 am
In one sense, they did go both ways, with the arbitrator ruling against the victim and the commission ruling in his favor. [read post]
11 Apr 2014, 4:33 am
Usually.Sometimes, and not very often, cases would not settle and then a judge would determine which report would govern the case.Remember that the evidentiary rules in workers' compensation are very lax, relying on the "substantial evidence" standard, which means that if the evidence is good enough to support what the conclusion for which it is proffered, then it is "substantial" and can be relied upon by the court.There were two major objections… [read post]
3 Aug 2013, 1:29 pm
That is an analytical question that I think matters, but probably not very much. [read post]
5 Jul 2019, 8:35 am
Note that for matters under the Drainage Act, costs are awarded only as provided in that Act.An order for costs is very rare. [read post]
17 Jan 2022, 10:21 am
That violates the NDNY's rules, and probably those in other judicial districts. [read post]
14 Jan 2012, 3:13 pm
RULINGS ON DISCRIMINATION Rampersaud v. [read post]
7 Sep 2009, 12:35 pm
Among other things, Wyeth’s naming conventions, its use of the same in-house attorneys on matters involving different subsidiaries without consistently identifying to Howrey which entity those in-house attorneys were representing, and the willingness of it and its subsidiaries to receive billing invoices for matters on which they were not directly engaged with Howrey, together created significant confusion for Howrey as to which entity or entities it was representing,… [read post]
