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14 Jun 2009, 7:50 am
Federal Rule of Evidence 1002, the Best Evidence or Original Document Rule, indicates that To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or... [read post]
30 Oct 2012, 4:55 pm
As I have noted on several occasions, polygraph evidence is per se inadmissible in the vast majority of jurisdictions in the United States. [read post]
23 Jul 2011, 6:21 pm
Federal Rule of Evidence 806 provides that When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported,... [read post]
12 Apr 2012, 5:51 am
This is a question the Court of Appeal considered in its recent judgment in James Butler v John Smith. [read post]
17 Jul 2011, 9:55 am
On Wednesday 20 July 2011, the Supreme Court will hand down judgment in R v Smith which was heard on 16 June 2011. [read post]
4 Apr 2012, 10:37 am
I missed the first one, United States v. [read post]
8 Oct 2009, 4:11 am
Miss Berrisford would appear to have no hope, and that was the view taken by Peter Smith J who granted summary judgment. [read post]
21 Aug 2009, 10:31 am
In Prescod, et al. v. [read post]
14 Feb 2023, 6:23 am
” Doe v. [read post]
9 Jul 2008, 12:20 pm
Smith v. [read post]
16 Mar 2011, 12:36 pm
Christie, 624 F.3d at 563; Smith v. [read post]
14 Dec 2015, 9:43 am
Smith & Nephew, Inc., et al., No. 15-559 (Commilre-hash – if actions were “not objectively unreasonable” can they constitute inducement?) [read post]
12 Jul 2010, 4:48 pm
Bessard v. [read post]
30 Mar 2007, 12:03 am
See, e.g., Smith v. [read post]
17 Mar 2010, 4:52 pm
Smith, 490 U.S. 794, 109 S. [read post]
29 Mar 2008, 2:04 pm
Chaffin v. [read post]
15 Apr 2012, 10:34 pm
I have occasionally on this blog taken the opportunity to praise a prosecutor for exemplifying the role eloquently described by Justice Sutherland in Berger v. [read post]
24 Jul 2023, 11:24 am
Smith, __ N.C. [read post]
17 Sep 2019, 4:30 am
(See e.g., Leff v Fulbright & aworski, L.L.P., 78 AD3d 531, 533 [1st Dept 2010], lv denied 17 NY3d 705 [2011] [damages in malpractice case “grossly speculative” where plaintiff could not establish what would have occurred but for defendants’ conduct]; Phillips-Smith Specialty Retail Grp. [read post]
24 Aug 2010, 2:18 am
Smith, 279 F.3d 1135, 1147 (9th Cir. 2002): “[s]imilarity of marks or lack thereof are context-specific concepts. [read post]