Search for: "MATTER OF RULES OF EVIDENCE"
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11 May 2020, 1:58 pm
As a matter of strict jurisdiction, therefore, a judge retains the power to lift the stay which it imposes. [read post]
11 May 2020, 11:25 am
The copy sent to the FCC email address is intended to serve as evidence of the station’s effort to provide the required email notice to the MVPD. [read post]
11 May 2020, 10:57 am
(presentment is fact issue for jury when properly contested in pleadings and not established as a matter of law). 5. [read post]
11 May 2020, 10:53 am
In this matter, the parties had a child together but were not in a relationship at the time of their son’s birth or thereafter. [read post]
11 May 2020, 9:29 am
In that event, the commingled goods rule does not apply.Given the lack of evidence presented, the Court remanded the matter to CBP to re-review the merchandise and make a determination as to whether any of it is subject to a different rate of duty (because some portion of it does not show noticeable damage resulting from use).Given that this is Judge Reif, the opinion ends with a reference to literature. [read post]
11 May 2020, 8:07 am
These include selecting the panel members (roughly equal to a civilian jury), from within the chain of command (all of whom would be junior in rank to this convening authority), as well as an authority to dismiss or withdrawal charges (Rules for Courts-Martial [R.C.M.] 401(c)(1) and 604(a)) before or during trial, to approve or reject offers to plead guilty (R.C.M. 705), and to approve expert witnesses requested by the defense and fund witness travel (R.C.M. 703). [read post]
11 May 2020, 8:01 am
GAO has strict timeliness rules–if you withdraw your protest, you’ll most often lose the ability to try again on the same grounds. [read post]
11 May 2020, 6:00 am
These are all common matters that keep a case flowing. [read post]
11 May 2020, 3:49 am
Some elements, especially drawn from the Court and the Italian practice, makes it evident that the national judicial organs have substantially endorsed the interpretation by the Court of Justice of the EU of the acts adopted within the framework of the judicial cooperation in civil matters. [read post]
10 May 2020, 4:03 pm
But just because there are no rules in the court of public opinion doesn’t mean that we shouldn’t honor basic principles such as the presumption of innocence, a thorough evaluation of credibility, and a demand for evidence. [read post]
10 May 2020, 4:03 pm
But just because there are no rules in the court of public opinion doesn’t mean that we shouldn’t honor basic principles such as the presumption of innocence, a thorough evaluation of credibility, and a demand for evidence. [read post]
10 May 2020, 1:55 pm
It is largely a matter of semantics as to whether the K-9 is used as a tool or weapon. [read post]
10 May 2020, 1:11 pm
The court concludes the judge of compensation denied petitioner's due process rights by determining at the outset of case, and based solely on petitioner's affidavit supporting his motion for medical and temporary disability benefits, that petitioner was a "multiple liar" who lacked credibility.During the numerous subsequent proceedings in the matter, and without hearing any testimony from petitioner, the judge repeatedly found petitioner was a liar and, at one… [read post]
10 May 2020, 9:24 am
There is no such thing as too much evidence. [read post]
10 May 2020, 8:45 am
” Some geo-political tub-thumping was also evident:“With eIDAS we have accomplished a major milestone - and we are well ahead of the US in this. [read post]
10 May 2020, 8:01 am
Under Illinois case law, there is a big exception to this rule. [read post]
10 May 2020, 3:08 am
” “‘In my judgment, the judge’s evaluation of the evidence is not open to criticism and he carried out the balancing exercise correctly,’ Judge Flaux said. [read post]
9 May 2020, 2:20 am
In some cases, however, the Doctrine of Legislative Equivalency may be a consideration.The Doctrine of Legislative Equivalency states that only the entity that created the position may abolish it [i.e., a position created by a legislative act can only be abolished by a correlative legislative act" (Matter of Torre v. [read post]
9 May 2020, 2:20 am
In some cases, however, the Doctrine of Legislative Equivalency may be a consideration.The Doctrine of Legislative Equivalency states that only the entity that created the position may abolish it [i.e., a position created by a legislative act can only be abolished by a correlative legislative act" (Matter of Torre v. [read post]
8 May 2020, 6:57 pm
” Id. at 44. (...)As a preliminary matter, when ruling on a Rule 12(c)motion, district courts have discretion to consider evidenceoutside the complaint for purposes of deciding whether toaccept that evidence and convert the motion into one forsummary judgment. [read post]
