Search for: "MATTER OF RULES OF EVIDENCE"
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12 Jun 2017, 3:06 pm
There is still hope – the rules can’t go into effect unless the rules are approved by the SEC, so maybe never. [read post]
12 Jun 2017, 3:06 pm
There is still hope – the rules can’t go into effect unless the rules are approved by the SEC, so maybe never. [read post]
15 Nov 2013, 7:26 am
Nevertheless, PIPA’s restrictions operate in the context of a case like this one to impede the formulation and expression of views on matters of significant public interest and importance. [read post]
3 Sep 2014, 3:54 pm
Rather, the exclusionary rule applies “even if the particular . . . abstract idea at issue is narrow. [read post]
28 May 2015, 6:46 am
The district court’s rejection of the jury’s conclusion was essentially grounded in the type of evidence weighing and credibility determinations that are not permitted by Rule 50(b). [read post]
15 Jul 2016, 4:00 am
The Appellate Division, however, sustained the lower court’s ruling, explaining that CPLR §7511(b) provides that an arbitration award must be vacated if, as relevant in this appeal, “a party's rights were impaired by an arbitrator who exceeded his [or her] power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made. [read post]
4 Oct 2016, 11:41 pm
Since the matter turned on the second injury, it is of special interest. [read post]
22 Dec 2009, 2:42 pm
Accordingly the inclusion of that particular compound in its research had not been an obvious step to take. * In reaching his decision Floyd J heard evidence from numerous witnesses and was entitled to come to the conclusion which he reached.He hadn't misunderstood the evidence or argument, failed to have regard to relevant evidence, or disregarded relevant evidence. [read post]
2 Aug 2011, 3:55 pm
Interpretation of a contract becomes a fact issue, to be resolved by extrinsic evidence, only when application of pertinent rules of construction leaves a genuine uncertainty as to which of two meanings is proper. [read post]
28 Dec 2018, 3:00 am
Super. 2018), the Pennsylvania Superior Court ruled that social media posts are inadmissible in criminal cases unless prosecutors can present evidence of who actually authored the commentary, that is, unless the evidence is authenticated under Pa.R.E. 901.Both the trial court and the appellate court in Mangel found that merely presenting evidence that the posts and messages came from a social media account bearing the defendant’s name was not enough to… [read post]
1 Aug 2011, 3:03 pm
As such, its decision to deny Baker's claim for LTD benefits may be reversed only if it was arbitrary or capricious, that is, if it was without reason, unsupported by substantial evidence or erroneous as a matter of law. [read post]
11 Aug 2023, 11:47 am
His findings were not all based on admissible evidence. [read post]
25 Jul 2021, 8:24 am
Authentication is “evidence sufficient to support a finding that the matter in question is what its proponent claims. [read post]
12 Dec 2013, 1:56 pm
The government appealed the judge's ruling. [read post]
8 Jul 2024, 3:00 am
” The prosecution can overcome the presumption of immunity with such evidence. [read post]
29 Jul 2010, 7:48 am
Turning to the issue of the materiality of the commissions, the appeals court rejected the argument that the enhanced commission rates were immaterial as a matter of law, since, it held, a reasonable investor would consider them important. [read post]
22 Mar 2012, 8:06 am
" As a result, the court ruled that the ALJ's decision was not based on substantial evidence and therefore remanded the case for further consideration. [read post]
10 Dec 2017, 9:43 am
As a preliminary matter, we need to review what evidence was before the trial court at the motion for new trial hearing to determine if the trial court abused its discretion when it struck Staley's original affidavit from the record and denied the motion for new trial.A. [read post]
10 Dec 2017, 9:43 am
As a preliminary matter, we need to review what evidence was before the trial court at the motion for new trial hearing to determine if the trial court abused its discretion when it struck Staley's original affidavit from the record and denied the motion for new trial.A. [read post]
26 Jan 2010, 7:19 pm
Ilya Somin gets to the heart of the matter: The sole evidence the prison officials have submitted on this point [the connection between D&D and gangs] is the affidavit of Captain Muraski, the gang specialist. [read post]
