Search for: "MATTER OF RULES OF EVIDENCE"
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10 Jun 2012, 10:15 am
Orange County Trial Lawyer Houman Fakhimi knows that no matter what the criminal charge is, technicalities can be everything. [read post]
1 Apr 2024, 5:31 am
Pleadings (statement of claim, statement of defence, and reply to defence) must be short and must identify the case’s material facts and legal; I always try to avoid large and complicated pleadings and stick on the rule without any reference to evidence by which material facts are to be proved. [read post]
27 Jul 2018, 8:30 am
Save the evidence you do have, and don’t worry about the evidence you don’t have — holding employers accountable and collecting your due is an achievable result. [read post]
3 Mar 2022, 2:00 am
A federal trial court ruled in Kingston’s favor and dismissed the case altogether. [read post]
7 Jul 2011, 5:35 pm
” (The ruling and the dissent are here.) [read post]
9 Sep 2015, 9:13 am
Indeed, the evidence showed that the plaintiff’s car was stationary at the time of the accident, and there was no indication that he was violating a driving rule or otherwise acting negligently while waiting for an opportunity to turn. [read post]
16 May 2009, 10:02 am
If Binalshibh is crazy or incompetent, the prosecution argues, it doesn't matter why or what caused his condition. [read post]
17 Apr 2009, 7:18 am
Rather, the claims that C-61 style reforms are urgently needed is simply a matter of bait and switch since the failed C-61 (modeled on the U.S. [read post]
15 Dec 2020, 2:11 pm
Attorney Jordan is a skilled Texas employment attorney with extensive hands-on experience representing both employees and employers in a wide range of employment matters. [read post]
3 May 2007, 6:01 am
It reversed a ruling by the Indiana Court of Appeals, which had ruled there was enough evidence to warrant a trial. [read post]
18 Oct 2018, 7:57 am
An exchange, the Commission added, has the burden of showing this by a preponderance of the evidence. [read post]
29 Jan 2015, 5:30 am
., his or her permanent place of abode, which continues until he or she has acquired a new one and any party alleging a change in an individual’s domicile “has the burden to prove the change by clear and convincing evidence. [read post]
9 Jul 2013, 3:36 pm
'The general rule in this state is that if the court has jurisdiction and all prior proceedings are valid, a prisoner is placed in jeopardy when he has been arraigned and pleaded to a valid charge, a jury has been examined and sworn, and evidence given. [read post]
5 Oct 2021, 7:00 am
The court, citing Matter of Vargas [Mason ESC LLC-Commissioner of Labor, 185 AD3d 1339, explained "Whether a claimant has voluntarily left his or her employment without good cause is a factual issue for the Board to resolve and its decision will be upheld if supported by substantial evidence. [read post]
15 Nov 2019, 6:38 am
It has been noted that “as a matter of competitive policy, it should be close to impossible for one competitor to achieve exclusive rights” in common phrases or slogans. 1 J.THOMAS MCCARTHY,MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 7:23 (5th ed. [read post]
10 Sep 2013, 6:44 pm
Sure, the trial judge wrongly kept mitigating evidence out. [read post]
1 Dec 2014, 9:24 am
“Accepting, as I do, that crack cocaine and methamphetamine are as harmful as heroin to the individual user, I still find no basis on the evidence before me to conclude that the disparity in sentence is a result of heroin being over-punished, rather than crack cocaine and methamphetamine being under-punished,” wrote Justice Nancy Spies in a new ruling from the Superior Court. [read post]
15 Sep 2017, 6:23 am
(d) In light of the constitutional rule expressed here, New Jersey's practice cannot stand. [read post]
2 Dec 2020, 4:00 am
Plaintiff appealed the Supreme Court's ruling. [read post]
14 Jun 2021, 2:57 am
" Assertions appearing in the Internet printouts must by corroborated by testimony as to the truth of the matter asserted. [read post]
