Search for: "MATTER OF RULES OF EVIDENCE"
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9 Jun 2020, 6:02 am
For me, however, I’ve found the evidence to come down against them in each case. [read post]
6 Oct 2015, 8:00 am
The Appellate Division found that there was a reasonable relationship between the subject matter of the dispute, which involves compensation over a specific time period, and the general subject matter of the CBA, and thus was arbitrable.As to defects alleged by Village, [1] that the evidence did not support the grievance and that [2] the PBA failed to comply with the time limits for bringing the grievance, the Appellate Division said that both issues were for the… [read post]
30 Aug 2008, 7:29 pm
In a recent post on a related matter, I mentioned the judgment in AK Roy:'In AK Roy v Union of India the duly enacted 44th Constitution Amendment Act 1978 provided that it shall come into force when notified. [read post]
29 Sep 2021, 9:30 am
Rules are meant to be followed. [read post]
12 Nov 2008, 5:54 pm
Shorter version: We'll study the matter and get back to you. [read post]
16 Nov 2018, 6:45 am
THE SUMMARY JUDGMENT EVIDENCE As a preliminary matter, we address Furmanite, Galbraith, and Southcross's arguments about the summary judgment evidence. [read post]
28 Oct 2019, 6:00 am
Even if the exclusionary rule applies, an exception may still permit the prosecution to introduce and rely on illegally seized evidence. [read post]
7 Apr 2009, 12:30 pm
Indiana Rule of Evidence 606(b) is mostly similar to Federal Rule of Evidence 606(b), but the key difference that divides them explains the erroneous decision of the Court of Appeals of Indiana. [read post]
29 Mar 2007, 7:25 am
Going back to Evidence 101, hearsay is "an out of court statement offered for the truth of the matter asserted. [read post]
17 May 2017, 9:31 am
This treating physician rule is in direct contrast to how opinion evidence is viewed in VA claims. [read post]
12 Apr 2012, 2:08 pm
The position taken by the Acting General Counsel may or may not be adopted by the ALJ depending upon the evidence presented at the hearing. [read post]
North Florida Court Did Not Err in Ending Supervised Release for Domestic Violence – U.S. v. Johnson
9 May 2012, 7:09 am
Applying reasoning from caselaw on revocation of probation, the court ruled that the district court met its requirement under the Constitution to give Johnson a written statement explaining the reasons for revoking his supervised release, including the evidence relied on. [read post]
12 Apr 2022, 9:07 pm
Langstaff quietly filed decisions on April 7 after taking both matters under advisement this past October. [read post]
29 Apr 2011, 4:28 am
The Appellate Division affirmed the lower court’s ruling. [read post]
18 Apr 2008, 12:30 am
Only if all testing, imaging, neuropsychological, EEG results are interpreted with a clear understanding that someone can have a significant brain injury without clear cut evidence on any one of these tests, can a reliable rule out diagnosis be made.The most troubling area of brain damage to diagnose relates to frontal lobe deficits. [read post]
16 Sep 2007, 4:15 am
In the months after the trial, Qualcomm acknowledged it had not produced 230,000 pages of internal e-mails and other relevant evidence for the trial. [read post]
23 Jun 2010, 1:30 pm
Its jurisdiction to hear the case as a related action to Ben-Rafael I is based on the 2008 NDAA grandfathering related actions to timely commenced prior actions under §1605A's jurisdictional grant.The court noted its ruling that plaintiffs here established their claims by evidence satisfactory to the court and reentered default judgment as to defendant Iran. [read post]
31 Oct 2019, 4:00 am
As the State has not presented any evidence demonstrating that it negotiated with PEF prior to altering this policy, substantial evidence supports PERB's determination that a past practice existed and that the State engaged in an improper practice by failing to engage in collective bargaining prior to altering the past practice to require medical documentation for individual days of sick leave.Accordingly, the Appellate Division ruled that PERB had properly granted a… [read post]
31 Oct 2019, 4:00 am
As the State has not presented any evidence demonstrating that it negotiated with PEF prior to altering this policy, substantial evidence supports PERB's determination that a past practice existed and that the State engaged in an improper practice by failing to engage in collective bargaining prior to altering the past practice to require medical documentation for individual days of sick leave.Accordingly, the Appellate Division ruled that PERB had properly granted a… [read post]
31 Oct 2019, 4:00 am
As the State has not presented any evidence demonstrating that it negotiated with PEF prior to altering this policy, substantial evidence supports PERB's determination that a past practice existed and that the State engaged in an improper practice by failing to engage in collective bargaining prior to altering the past practice to require medical documentation for individual days of sick leave.Accordingly, the Appellate Division ruled that PERB had properly granted a… [read post]
