Search for: "MATTER OF RULES OF EVIDENCE"
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31 Mar 2020, 5:21 am
It is not the same as The parole evidence rule … Which prohibits reliance on evidence to create ambiguity in the text, altar or contradict the terms of an unambiguous contract, show what the parties probably meant, admit something other than what their agreement stated, or make the language say what it unambiguously does not say. [read post]
17 Apr 2024, 5:07 am
Key Factors in Liability Disputes Several key factors can influence liability disputes: Evidence: The availability and strength of evidence play a significant role in determining liability. [read post]
26 Apr 2014, 11:46 am
As to whether or not, for res judicata purposes, a judgment of dismissal is "on the merits," some guidance is furnished by Rule 5013 of the C.P.L.R., which states: "A judgment dismissing a cause of action before the close of the proponent's evidence is not a dismissal on the merits unless it specifies otherwise, but a judgment dismissing a cause of action after the close of the proponent's evidence is a dismissal on the merits unless it specifies… [read post]
21 Aug 2023, 12:15 am
Determining fault in a sideswipe accident is not just a matter of resolving heated roadside debates; it has real legal and insurance implications. [read post]
28 Jul 2010, 8:00 am
Thus, the common interest rule "presupposes the existence of an otherwise valid privilege," id., the absence of which is fatal to a claim that evidence is privileged and therefore inadmissible. [read post]
19 Apr 2022, 3:56 am
This highlights the difference between Rule 23 actions, which depend upon numbers to a greater extent, and FLSA collective actions, where numbers are not as critical to the survival of a class. [read post]
5 Mar 2009, 6:37 am
A text string signature shall be a string of characters, preceded and followed by a forward slash (/), selected by the signatory to provide evidence of his identity and of his intent to authenticate the message in question. [read post]
25 Apr 2022, 5:01 am
Do these rules matter? [read post]
8 Jul 2013, 5:40 am
Aśoka tried to codify and propagate what must have been among the earliest formulations of rules for public discussion—a kind of ancient version of the nineteenth-century ‘Robert’s Rules of Order. [read post]
14 Jun 2013, 10:42 am
The innovator drug drug defendants rang the bell, their dismissal as a matter of law affirmed. [read post]
15 Nov 2023, 11:26 am
The talented and dedicated team at Burger Law is eager to help you find justice in your matter. [read post]
7 Aug 2016, 1:09 pm
The distinction of taking notice on their own accord as opposed to by the parties has more to do with exclusionary rules of hearsay than the ability of the court to do so. [read post]
28 Apr 2017, 12:57 pm
After the plaintiff reached MMI, a single commissioner ruled that the employee had sustained a 48% injury to his back and was entitled to an award of permanent partial disability. [read post]
22 Sep 2022, 3:29 pm
That two of the panel members were, like Judge Cannon, appointed by President Trump further emphasizes that this is a matter of professionalism, not a matter of ideology or the sort of judicial philosophy that reasonably separates conservative from liberal jurists. [read post]
28 Jan 2016, 4:00 am
It was a proposed Canadian version of one of the most successful codifications of American law, the Federal Rules of Evidence (operative from July 1, 1975), now entitled the, Restyled Federal Rules of Evidence (operative from December 1 [read post]
13 May 2012, 11:14 am
The one who carries the burden of proof as to conflicting evidence is the one who wins -- in a civil case.Thus the California Supreme Court's ruling in 2009 was not a ruling based on facts found after a contested trial. [read post]
22 Feb 2024, 4:12 pm
You should refrain from discussing your case or any legal matter on social media, as these comments can easily be misconstrued. [read post]
14 Dec 2004, 5:06 am
Traditionally, it was applicable only in homicide cases; in the Federal Rules of Evidence version, FRE 804(b)(2), it is also applicable in a civil case. [read post]
22 Sep 2009, 8:42 pm
By contrast, in most other matters, search warrants remain in effect for just seven days. [read post]
29 Apr 2024, 7:41 pm
The possibility that a reversal could save litigation costs “is not unique to [this] application and would otherwise warrant certification after nearly every trial court decision even in cases lacking ‘exceptional’ circumstance,” the Vice Chancellor ruled, “Moreover, for reasons discussed previously, this matter is likely to require relatively less extensive litigation efforts than other entire fairness cases. [read post]
