Search for: "MATTER OF RULES OF EVIDENCE"
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9 Sep 2020, 4:01 am
The principal remedy for a Fourth Amendment violation is the exclusionary rule: a criminal defendant may seek suppression of evidence obtained from an unlawful search or seizure, as well as of the “fruits” of that evidence—additional evidence to which it led. [read post]
9 Sep 2020, 1:02 am
The ECJ’s ruling takes into account the case-law of the ECtHR and, by admitting a “second look”, strengthens the protection of fundamental rights in the internal market and within the framework of the judicial cooperation in civil matters. [read post]
8 Sep 2020, 4:54 pm
The principal remedy for a Fourth Amendment violation is the exclusionary rule: a criminal defendant may seek suppression of evidence obtained from an unlawful search or seizure, as well as of the "fruits" of that evidence—additional evidence to which it led. [read post]
8 Sep 2020, 4:45 pm
Seems like, as a factual matter, most do. [read post]
8 Sep 2020, 3:44 pm
According to Ninth Circuit Rule 35-3, an en banc panel always includes the Chief Judge. [read post]
8 Sep 2020, 3:36 pm
When contesting or challenging a court’s personal or subject matter jurisdiction, it generally requires comprehensive knowledge of Maryland statutes, Court of Special Appeals rulings, and Court of Appeals rulings that have significantly dealt with the jurisdiction topic. [read post]
8 Sep 2020, 2:56 pm
Further, the rules provide that the presumption can only be rebutted by a preponderance of the evidence. [read post]
8 Sep 2020, 1:40 pm
Thus, the defendant’s conviction was vacated, and the matter was remanded for a new trial. [read post]
8 Sep 2020, 11:54 am
The prosecution also argued that evidence suggesting the victim failed to yield when making the left-turn was admissible, but that, as a matter of law, it was not a superseding cause of the accident. [read post]
8 Sep 2020, 10:03 am
Papers may address any aspect of the law of war, including, but not limited to the use of force in international law; the conduct of hostilities during international and non-international armed conflicts; protected persons and protected objects; the law of weapons; rules of engagement; treatment of detainees, to include interrogation procedures; and occupation law. [read post]
8 Sep 2020, 4:00 am
* See Matter of Newcomb v Middle Country Cent. [read post]
8 Sep 2020, 4:00 am
* See Matter of Newcomb v Middle Country Cent. [read post]
7 Sep 2020, 2:06 pm
As a general matter, the cases tend to fall into one of three categories: (1) lawsuits against companies that experienced a COVID outbreak in one of its facilities (such as, for example, cruise ship lines and private prison systems); (2) lawsuits against companies that made public statements suggesting the companies could profit from the pandemic (such as vaccine development companies, as well as manufacturers of personal protective equipment or diagnostic tests); and (3) companies… [read post]
7 Sep 2020, 11:33 am
Merrell Dow Pharmaceuticals, Inc., the Supreme Court held that Federal Rule of Evidence superseded Frye’s general acceptance test. [read post]
7 Sep 2020, 7:33 am
Yet, the judge never reads them. 95% of divorces end in an agreed resolution no matter what the temporary issues were. [read post]
7 Sep 2020, 1:18 am
” “When the judge, who moderated a panel at the event, said, ‘It is no secret that the rule of law as contrasted with the rule of man is under some attack in Turkey,’ Halkbank claimed he was referring to the Turkish government’s efforts to shutdown a corruption investigation the bank says is the basis for the U.S. case. [read post]
4 Sep 2020, 4:35 pm
After setting forth CEQA’s subsequent review rules and supporting statutory and case authorities, and holding no substantial evidence supported the County’s finding that the abandonment modified any part of the Martis Camp project approved in 2005, the Court also rejected the County’s argument that “it was a change in the circumstances surrounding that project. [read post]
4 Sep 2020, 10:21 am
Thus, “Where an advertisement does not incorporate the plaintiff’s trademark, there is no likelihood of confusion as a matter of law” (cites to 1-800 Contacts v. [read post]
4 Sep 2020, 9:23 am
As DNA evidence confirms, during the antebellum period Black girls and women endured forced sexual bondage and well as physical labor imposed by people who claimed power over them. [read post]
4 Sep 2020, 9:23 am
As DNA evidence confirms, during the antebellum period Black girls and women endured forced sexual bondage and well as physical labor imposed by people who claimed power over them. [read post]
