Search for: "MATTER OF RULES OF EVIDENCE"
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27 Apr 2024, 4:38 pm
It pointed out that under Florida Family Law Rules, parties are required to affirmatively state any matter constituting an avoidance or affirmative defense in their pleadings or motions. [read post]
27 Apr 2024, 2:40 pm
The holdings of the principal cases Trump cites for the "clear statement" rule, especially Franklin v. [read post]
27 Apr 2024, 12:16 pm
There has to be evidence of the reliance on the promise. [read post]
27 Apr 2024, 5:01 am
This is why, when reviewing a district court's ruling on a motion for judgment as a matter of law, we "disregard all evidence favorable to the moving party that the jury was not required to believe. [read post]
26 Apr 2024, 9:04 pm
The issue of claim allowance is punted in the bankruptcy, with allowance being decided as a matter of the trust's distribution procedures. [read post]
26 Apr 2024, 6:26 pm
Pix Credit here (Dante's Trek through Hell) Lead me in thy truth, and teach me: for thou art the God of my salvation; on thee do I wait all the day. [read post]
26 Apr 2024, 5:22 pm
That missing element persuaded the Texas Supreme Court to send the matter back to the lower court for a ruling on ability to pay – but it also announced the test for a finding of unconscionability: “To determine unconscionability, a court must first consider ‘a comparison of the total costs of the two forums’ and decide ‘whether that cost differential is so substantial as to deter the bringing of claims. [read post]
26 Apr 2024, 5:11 pm
Preliminary Matters Before the divorce trial starts, the judge rules on preliminary matters, which sets up the groundwork and the rules that guide the proceedings. 2. [read post]
26 Apr 2024, 2:34 pm
No matter the issue. [read post]
26 Apr 2024, 12:42 pm
The answer, no matter your own stance, is partisan politics and private interest. [read post]
26 Apr 2024, 12:41 pm
The trial judge had ruled the patent invalid due to the lack of a precise proportion of coal dust, and the Supreme Court reviewed this ruling without deference. [read post]
26 Apr 2024, 12:30 pm
During the COVID-19 pandemic, three employees at Whole Foods start wearing masks with Black Lives Matters slogans. [read post]
26 Apr 2024, 11:03 am
Relevant factual and legal inquires include, but are not limited to: What safety rules were in place to prevent this type of accident? [read post]
26 Apr 2024, 10:55 am
If you need assistance with a divorce matter, it is wise to talk to an attorney about your options. [read post]
26 Apr 2024, 10:36 am
They could provide testimony to support your case, should such evidence be required. [read post]
26 Apr 2024, 9:08 am
Section 5107(b) of Title 38 provides that, “[w]hen there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary [of Veterans Affairs] shall give the benefit of the doubt to the claimant. [read post]
26 Apr 2024, 5:15 am
The Commission finds the use of non-compete agreements is an unfair method of competition as outlined in Part IV.B, and commenters do not provide evidence that a purported reduction in investment in on-air talent would be so great as to overcome that finding. [read post]
26 Apr 2024, 3:35 am
While everyone is focused on the horror of Weinstein’s New York convictions being reversed for flagrantly improper propensity being admitted, beware the “particularly crucial” evidence that turns trials into inquisitions where no matter what evidence is admitted, it proves guilt. [read post]
25 Apr 2024, 1:46 pm
Rule 4-3.3: Candor Toward the Tribunal states: False Evidence; Duty to Disclose. [read post]
25 Apr 2024, 6:52 am
First, how is this rule different from the proposed rule? [read post]