Search for: "MATTER OF RULES OF EVIDENCE"
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7 Nov 2017, 1:40 pm
Court of Appeals for the 11th Circuit erred in denying a certificate of appealability; (2) whether, given the petitioner’s credible evidence that a juror voted for the death penalty because the petitioner is a “nigger,” the lower court erred in ruling that he failed to make “a substantial showing of the of the denial of a constitutional right” under 28 U.S.C. [read post]
14 May 2019, 5:34 am
The parol evidence rule The rule precludes enforcement of any prior or contemporaneous agreement that addresses the same subject matter and is inconsistent with a written contract. [read post]
1 Jul 2013, 11:56 am
The evidence clearly established as a matter of law that corporation-three had no authority to supervise or control the work being performed by the plaintiff at the time of his accident. [read post]
19 Sep 2022, 7:23 am
Addressing contempt in family law cases can often be a complex matter. [read post]
2 Nov 2018, 1:41 pm
But, depending on how they are interpreted, these exceptions could easily swallow the rule. [read post]
19 May 2017, 12:23 pm
A traditional motion for summary judgment must show that there is no genuine issue as to a specified material fact and, therefore, that the moving party is entitled to judgment as a matter of law. [read post]
2 Aug 2009, 3:26 pm
Even if it mattered whether the supporting evidence was direct or circumstantial (and it does not), there was no possibility that the reader would be misled. [read post]
11 Apr 2010, 5:37 pm
Evidence Code § 1119.As a matter of statutory interpretation, the dissent seems to have the better of the argument, since the mediation confidentiality statute is written in broad enough terms to exclude evidence of anything done or said in the course of mediation for any purpose at all. [read post]
22 Aug 2011, 1:43 am
Whether it is expressly proven in the application as filed should not matter. [read post]
8 Sep 2014, 7:43 pm
This case has national significance because this is the first judicial circuit to rule that a federal district court had the subject matter jurisdiction to hear a case from the agency when there was no “oral” hearing below. [read post]
27 Jun 2022, 6:35 am
It would seem self-evident that a fetus is not a child until born. [read post]
25 Mar 2023, 7:00 pm
Thus, to address conflicting rulings, the matter was referred to the larger bench of the Supreme Court to decide on the question of “whether paramount importance should be given to the affinity test while adjudicating upon a caste claim on the basis of a caste certificate issued by a Competent Authority. [read post]
8 Aug 2019, 10:50 am
While there are a few, very limited exceptions to this rule, most cases that are filed outside of this time period are dismissed by the court – no matter how egregious the conduct or how severe the injuries. [read post]
19 Feb 2022, 3:09 pm
The plaintiff moved to reargue the issue and clarify what matters would proceed to trial. [read post]
28 Apr 2019, 10:52 pm
There was no evidence that the employer engaged her meaningfully about possible alternatives. [read post]
20 Apr 2010, 12:43 pm
The April 14 ruling in Ten’s Cabaret, Inc. v. [read post]
23 Dec 2020, 7:58 am
In the subject case, as the trial court applied the incorrect standard, its ruling was reversed, and the matter was remanded. [read post]
23 Dec 2020, 7:58 am
In the subject case, as the trial court applied the incorrect standard, its ruling was reversed, and the matter was remanded. [read post]
31 Oct 2011, 9:47 am
In the court’s ruling, Rogers noted that Cahill, citing his right against self-incrimination, did not offer evidence to rebut the SEC’s presentation of the value of the shares at issue. [read post]
3 Mar 2021, 6:16 am
¹ Its implementation remains stayed by a federal court, but in the Fifth Circuit that may not matter because earlier Fifth Circuit cases are even more restrictive. [read post]