Search for: "MATTER OF RULES OF EVIDENCE" Results 9701 - 9720 of 42,248
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7 Nov 2017, 1:40 pm by Aurora Barnes
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 by Charles Sartain
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]
2 Nov 2018, 1:41 pm by Ilya Somin
But, depending on how they are interpreted, these exceptions could easily swallow the rule. [read post]
19 May 2017, 12:23 pm by Wolfgang Demino
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 by Joe Markowitz
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 by Ted Smith
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 by Mark Ashton
It would seem self-evident that a fetus is not a child until born. [read post]
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 by Jeff DeFrancisco
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]
28 Apr 2019, 10:52 pm by Karen Ainslie (ZA)
There was no evidence that the employer engaged her meaningfully about possible alternatives. [read post]
23 Dec 2020, 7:58 am by Jonathan F. Marshall
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 by Jonathan F. Marshall
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 by Mike Scarcella
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 by Richard Hunt
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]