Search for: "Childs F. Burden"
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12 Jul 2013, 5:07 am
He moved to suppress “all evidence found during an analysis of [his] cellular phone as well as all derivative evidence”; the judge granted the motion and found the prosecution “had failed to satisfy its burden of showing that the evidence would have been inevitably discovered. [read post]
8 Jul 2013, 11:28 am
The Court noted in Matisoff that the acknowledgment requirement imposed by Domestic Relations Law § 236B(3) is onerous and, in some respects, more exacting than the burden imposed when a deed is signed. [read post]
7 Jul 2013, 9:01 pm
§ 413(1)(f)(10). [read post]
24 Jun 2013, 4:20 am
Christie, __ F.3d __, 2013 WL 2477252 (U.S. [read post]
14 Jun 2013, 5:55 pm
In making a best interests determination, the factors to be considered include the quality of the home environment and the parental guidance provided for the child; the ability of each parent to provide for the child's emotional and intellectual development; the financial status and ability of each parent to provide for the child; the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the child's relationship… [read post]
13 Jun 2013, 4:00 am
Accordingly, the Crown has the evidentiary burden of establishing the actual loss as well as the replacement value. [read post]
10 Jun 2013, 11:38 am
Baby Girl 12-399Issue: (1) Whether a non-custodial parent can invoke the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. [read post]
8 Jun 2013, 6:27 pm
The challengers assert that the statute places an unfair burden on them by denying them the agency's diligent efforts, as provided for in the neglect statute. [read post]
7 Jun 2013, 6:27 pm
The petitioner has the burden of proof and must establish the elements to support a derivative finding by a preponderance of "only competent, material and relevant evidence". [read post]
28 May 2013, 9:01 pm
On May 16, The New York Times published an article that described, among other things, the following research finding: Medical malpractice liability improves, rather than harms, patients’ safety. [read post]
23 May 2013, 6:58 am
She is financially responsible for her adult child, who apparently has severe emotional disorders. [read post]
23 May 2013, 5:59 am
She is financially responsible for her adult child, who apparently has severe emotional disorders. [read post]
20 May 2013, 2:45 am
Employment Law Issues:Chair:Aisling de PaorAneta Tyc, University of Lodz,“Burden of Proof in Employment Law: A Comparative Perspective.Dr. [read post]
15 May 2013, 6:55 am
Domestic Relations Law § 240(1–b)(f)(10) and FCA § 413(1)(f)(10) state that, after performing the requisite calculations, “the court shall order the non-custodial parent to pay his or her pro rata share of the basic child support obligation. [read post]
2 May 2013, 10:50 am
Article 26 provides, in relevant part: Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the… [read post]
1 May 2013, 4:47 am
Code § 1466A(f)(1). [read post]
24 Apr 2013, 8:27 am
The extent to which the obligee or the other person has performed valuable services for the other. f. [read post]
17 Apr 2013, 5:18 am
[i]f the number of individual images, materials, or combination of images and materials, exceeds one hundred (100). [read post]
11 Mar 2013, 3:00 am
Once this burden is met, the burden shifts to the defendant. [read post]
6 Mar 2013, 10:44 am
Civiletti, 629 F.2d 637, 642 (9th Cir. 1980). [read post]