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The appropriateness of a first aggressor instruction was the topic of a recent ruling issued by a Washington court, in a matter in which the defendant argued the instruction was improper. [read post]
25 Feb 2021, 3:04 pm by Phil Dixon
Humphreys, Leigh, and other North Carolina cases applying the mere remonstration rule implicitly recognize this principle as a matter of sufficiency of the evidence. [read post]
25 Feb 2021, 1:54 pm by Evidence ProfBlogger
Similar to its federal counterpart, Indiana Rule of Evidence 803(5) provides an exception to the rule against hearsay for A record that: (A) is on a matter the witness once knew about but now cannot recall well enough to testify... [read post]
25 Feb 2021, 11:22 am by Victoria Gallegos
The Netherlands is the first European country to make a statement on the matter. [read post]
25 Feb 2021, 5:32 am by Frantzeska Papadopoulou
Regularly, in complex SEP cases it is not evident which terms are FRAND, even more so because there is a range of FRAND terms. [read post]
25 Feb 2021, 2:25 am by Berry Law Firm
No matter what, it is usually in Veterans’ best interests to get an attorney to represent you during the appeals process and help you make as strong of a case as possible. [read post]
24 Feb 2021, 8:02 pm by Scott McKeown
” That Congress did not expressly apply the Section 4607 provision to subsequent reexaminations was of no matter to the court, which emphasized that courts can assume Congress intended for issue preclusion to apply except where there is evident intent otherwise. [read post]
24 Feb 2021, 5:38 pm by Mavrick Law Firm
  Federal courts are free of this limitation, and may consider nearly any admissible and relevant evidence. [read post]
24 Feb 2021, 3:26 pm by David Super
  I have seen no evidence, however, of partisan or ideological skew in her rulings, this time or in the past. [read post]
24 Feb 2021, 10:56 am by Jacob Schulz
In a separate matter, a paid FBI informant pleaded guilty to firing a weapon during a fight with his wife. [read post]
24 Feb 2021, 6:52 am by The Law Offices of John Day, P.C.
” Instead, insureds are permitted to present evidence to rebut this statutory presumption, a step which plaintiffs in the present matter failed to do. [read post]
24 Feb 2021, 12:38 am by CMS
The term “comity” is used here to describe something less than a rule of international law. [read post]
23 Feb 2021, 9:28 am by Monica Lienke
Appealing the denial of a disability claim is not just a matter of refuting the insurance companies’ reasoning for the decision or pointing out overlooked facts. [read post]
23 Feb 2021, 7:00 am by Tyler Trew
The specific facts and evidence of each case will dictate the appropriate method of review. [read post]
23 Feb 2021, 7:00 am by Tyler Trew
The specific facts and evidence of each case will dictate the appropriate method of review. [read post]
The court rejected that argument, ruling that “since the relevant forum is the United States, each bank’s connections with any part of the country suffice. [read post]
There is evidence of a perception by certain firms that such challenges may well have negative repercussions for them in the future. [read post]
22 Feb 2021, 6:45 pm by Evidence ProfBlogger
Federal Rule of Evidence 801(c) states that “Hearsay” means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter... [read post]