Search for: "MATTER OF RULES OF EVIDENCE"
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27 Aug 2024, 11:13 am
This requires a defendant to show by clear and convincing evidence (1) “that the plaintiff’s conduct is inequitable,” and (2) “that the conduct relates to the subject matter of its claims. [read post]
30 Apr 2015, 2:31 pm
Although the ruling was surprising, the question is whether it matters. [read post]
4 May 2011, 5:15 pm
The Court went on to hold that the Act contains no public concern requirement and the fact that the wage claim was a private dispute did not matter. [read post]
4 Sep 2024, 2:07 pm
In most of these cases, the courts conducted an alternative analysis that upheld the challenged law under the historical tradition test, so the erroneous rulings about plain text might be considered harmless error. [read post]
20 Aug 2019, 7:48 am
The majority ruled that the defendant here wasn’t entitled to an instruction on entrapment because he intended to commit the crime without any governmental influence and because his evidence failed to show a lack of predisposition. [read post]
15 Jun 2011, 5:58 am
The Third Circuit concluded that the trial court erred in ruling for the "plaintiff based upon a finding of 'pretext' without evidence of an intentional act as required by law...It is not enough that the trial court simply disbelieves the employer's 'proffered reasons', the plaintiff must establish by preponderance of the evidence that age was the 'but for' reason the employer terminated the plaintiff, as opposed to merely a… [read post]
20 Oct 2014, 2:02 am
Solicitor General regarding the matter of Heien v. [read post]
15 Feb 2022, 7:40 am
The Court of Appeals was therefore reversed in part and the matter remanded for a new trial. [read post]
12 Aug 2013, 2:39 pm
The People consented to an adjournment not assuming prosecution of the matter in the present and in the future and that they have no position concerning the appointment of a special prosecutor. [read post]
20 May 2013, 2:45 am
But not always, as evidenced by an appellate ruling earlier this month in Matter of Sunburst Associates, Inc., 2013 NY Slip Op 03368 (3d Dept May 9, 2013). [read post]
23 Apr 2017, 8:41 am
That question provides a doorway through which it now becomes evident that substantial continuous reflection on globalization is required. [read post]
28 Mar 2012, 12:01 pm
That doesn’t matter. [read post]
2 Sep 2011, 4:43 pm
LAN/STV (05-09-00946-CV) – Recites well-established (1) rule that a trial court may disregard a jury finding only if it is not supported by evidence or if the issue is immaterial; (2) rule that a jury question mandated by law cannot be immaterial; (3) standard for reviewing legal sufficiency of evidence; and (4) rule that a party cannot complain on appeal of an action it induced or allowed. [read post]
27 Apr 2015, 12:01 am
Most standard tenancy agreements will have such a clause as a matter of course. [read post]
5 Mar 2008, 8:34 am
Given the nature of a sufficiency of the evidence challenge, Indiana Appellate Rule 9(F)(4) requires a defendant to request all the evidence from the entire trial. [read post]
17 May 2011, 11:17 pm
Let’s not forget the best evidence rule either. [read post]
14 Feb 2024, 4:00 am
First, there is the attribution (without any evidence) of partisan political motives to Jack Smith. [read post]
2 Aug 2023, 9:32 am
("Pursuant to California Rules of Court, rule 8.256(e)(1), submission of the above entitled matter is hereby vacated and the cause resubmitted as of this date for the period allowed by law, in order to allow the panel additional time to consider the presently circulating opinion. [read post]
12 Oct 2013, 7:03 am
The SCOV seems to agree with the neighbors, but given its earlier rulings, it need not rule on the issue since the prior grounds were sufficient. [read post]
2 Jan 2020, 12:37 pm
But the Ninth Circuit says those cases don't matter. [read post]
