Search for: "MATTER OF RULES OF EVIDENCE" Results 7501 - 7520 of 42,244
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1 Apr 2021, 8:32 am by Daniel Shaviro
With luck being as important to people's outcomes as the book shows that it is, meaningful egalitarianism of the scope that it had for Ed requires addressing ex post inequality (albeit, still with an eye to incentives) without allowing it to be ruled out of bounds simply because some won and others lost in competitive markets where they all deliberately played. [read post]
1 Apr 2021, 3:30 am by Eric B. Meyer
However, the appeals court saw “no evidence that the slogan criticized or degraded anyone of any race or, even more specifically, the Black Lives Matter movement or mission. [read post]
31 Mar 2021, 6:56 pm by Daniel E. Cummins, Esq.
More specifically, the Court found that deposition questions that are properly the subject to objections to the form of the question include “compound questions, questions that are ambiguous, unintelligible, misstatements of evidence or testimony, argumentative, assuming facts not in evidence, calling for speculation and deponent answers that are non-responsive. [read post]
31 Mar 2021, 3:36 pm by Scott R. Flick and Simone A. Wood
  The FCC noted that if it is not paid within that time, the matter may be referred to the U.S. [read post]
31 Mar 2021, 2:12 pm
  But that goes to the quantum of evidence, not its quality or nature. [read post]
31 Mar 2021, 10:33 am by Daniel Jin
On occasion they might also rule on very limited matters of English law or procedure that may arise e.g. the admissibility of documents not provided in advance to a witness, and/or limited issues of privilege. [read post]
31 Mar 2021, 1:55 am by Kevin Kaufman
Lower Capital Allowances Lead to Slower Economic Growth Any cost recovery system that does not allow the full write-off of an investment—full expensing—in the year the investment is made denies recovery of a part of that investment, inflates the taxable income, and increases the taxes paid by businesses.[9] Lower capital allowances increase the cost of capital, which leads to slower investment and a reduction of the capital stock, reducing productivity, employment, and wages.[10] Prior… [read post]
The court explained that while the applicable test was still valid, recent rulings had caused confusion as to whether the factual prong required evidence that only the lesser included offense was committed, to the exclusion of the greater crime. [read post]
30 Mar 2021, 12:52 pm by David Urban
  If the plaintiff cannot present evidence making this showing of a “probability,” then the trial court rules in favor of the defendant. [read post]
30 Mar 2021, 11:44 am by Duncan B. Hollis, Tsvetelina van Benthem
Finally, repetition of conduct matters, a point of particular relevance to cyberspace where cybersecurity experts regularly observe patterns and operational signatures. [read post]
30 Mar 2021, 11:39 am by Jonathan Bailey
As such, there was at least some evidence that the works would be competitors in the marketplace. [read post]
30 Mar 2021, 6:07 am by The Law Offices of John Day, P.C.
The matter was transferred to the trial court by agreement of the parties, and then in February 2019, the defendant filed a motion for summary judgment based on the statute of limitations. [read post]
30 Mar 2021, 5:00 am by Daniel E. Cummins, Esq.
In reviewing the issue of admissibility of the expert’s opinion, the court reviewed Pennsylvania Rule of Evidence 702 and the case of Frye v. [read post]
30 Mar 2021, 4:00 am by Public Employment Law Press
"The presiding hearing officer, NYPD's Deputy Commissioner - Trials, ruled that the CCRB was required to show by a preponderance of the credible evidence that the underlying facts, if proven in court, would constitute a crime in order to go forward with the disciplinary action. [read post]
30 Mar 2021, 4:00 am by Martin Kratz
Rather, the plaintiff should commence an action against the ISP if it wishes to claim such damages.[8] Generally speaking, matters of liability and damages can be determined only by way of an action.[9] A claim for damages for non-compliance with the notice and notice regime is not identified as a proceeding that can be determined in a summary way by application or action.[10] The procedure for advancing a claim under the notice and notice regime is not specified in the Copyright Act.[11]… [read post]
30 Mar 2021, 1:20 am by Steve Lubet
  The fact that there is not an academic consensus about the Goldwater Rule should not be determinative, so long as the principle involved is professionally reasonable, which is evidently true of the Goldwater Rule. [read post]