Search for: "MATTER OF RULES OF EVIDENCE"
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31 Jan 2012, 12:22 pm
Johnson ruled that AAA Cooper Transportation had denied the existence of evidence from a so-called black box recording device on one of its tractor trailers that was involved in a wreck, and that the company destroyed the recording device. [read post]
22 Aug 2022, 4:30 pm
Source: https://www.courts.michigan.gov/4a3daa/siteassets/rules-instructions-administrative-orders/rules-of-evidence/michigan-rules-of-evidence.pdfRead More [read post]
15 Jul 2012, 11:37 pm
There are several enumerated exceptions to the hearsay rule within the Virginia Rules of Evidence. [read post]
5 Jan 2018, 9:42 am
A motion for summary judgment asks the court to consider all of the uncontested evidence presented by both sides and make a legal ruling in favor of the moving party. [read post]
3 Apr 2013, 5:52 pm
It ruled that to delve further into the specifics of the plaintiffs' evidence would be to prematurely determine the merits of the case, a matter the court said is for the trial after the class has been certified. [read post]
17 Apr 2017, 7:13 am
Cir. 2017) again declined to rule on the National Labor Relations Board’s (“NLRB” or “Board”) position that employers cannot prohibit discussions of matters under investigation absent a specific, case-by-case determination supporting the need for confidentiality. [read post]
10 Dec 2014, 6:00 am
If such a question/statement is offered for the truth of the matter asserted, it is hearsay and generally inadmissible unless an exception to the hearsay rule is implicated.Obviously, this Pennsylvania appellate court ruling on the Hearsay Rule under the Pennsylvania Rules of Evidence could have an impact in civil litigation matters and, as such, is reported here on Tort Talk.Anyone wishing to review this Commonwealth v. [read post]
2 Feb 2011, 10:46 am
Smiley Faces on Facebook: Evidence of Faked Injuries? [read post]
14 Oct 2011, 1:55 pm
Referring to studies, without qualification, as admissible in themselves is wrong as a matter of evidence law. [read post]
18 Jul 2022, 9:26 pm
In the subject case, the court found that the wife offered no such evidence. [read post]
28 Aug 2019, 10:34 am
In a recent orthopedic malpractice case ruled on by the Appellate Division of the Supreme Court of New York, the court explained what constitutes sufficient evidence to obtain a dismissal. [read post]
27 Mar 2017, 11:56 am
The court held that the evidence, as well as any argument stemming from the evidence, was not admissible because it was not presented to the trial court. [read post]
2 Nov 2016, 7:48 pm
Here, parol evidence was admitted to explain an ambiguous agreement. [read post]
28 Apr 2016, 5:18 am
" Federal Evidence Rule 611(a); see also Matter of Yagman, 796 F.2d 1165, 1171 (9th Cir. 1996) ("[T]he conduct and order of the trial are matters vested in the discretion of the district judge. [read post]
26 Oct 2013, 4:02 am
If the evidence is offered to prove a proposition that is not a matter in issue, the evidence is immaterial. [read post]
19 May 2008, 10:10 pm
This week on Hull on Estates, Rick and Sean discuss evidence issues in estate matters when a main party is deceased. [read post]
23 Mar 2015, 5:00 am
The specific evidentiary issues in this matter centered around the Plaintiff's cross-examination of the defense medical expert.Under the well-established rule of law that holds that a witness cannot be cross-examined on collateral matters, see J.S. v. [read post]
6 Mar 2012, 4:03 pm
They are (1) substantive law, which creates the legal right to make a claim such as creating the legal elements necessary to make a valid claim; (2) procedural law, which provides rules regarding how and when a claim must be be lawfully made; and finally (3) evidence law, which provides rules regarding how one must prove (or disprove) a claim or a defense. [read post]
6 Mar 2012, 4:03 pm
They are (1) substantive law, which creates the legal right to make a claim such as creating the legal elements necessary to make a valid claim; (2) procedural law, which provides rules regarding how and when a claim must be be lawfully made; and finally (3) evidence law, which provides rules regarding how one must prove (or disprove) a claim or a defense. [read post]
26 Jun 2022, 8:20 am
However, this might not prevent the application of other applicable laws related to discrimination.- the exceptions also recognize circumstances in which a lawyer may not be disciplined for expressing their views on matters of public concern.Overall, the newly adopted rule in New York is an improvement over versions of the rule I have seen elsewhere, but I confess I have not seen all of them. [read post]
