Search for: "MATTER OF RULES OF EVIDENCE"
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15 Dec 2009, 1:44 pm
Should the reviewing court (either an appellate court or a trial court ruling on a JNOV motion) apply the usual "substantial evidence" rules without regard to the heightened standard of proof, and uphold the award if there is any slight amount of evidence supporting a finding of malice? [read post]
13 Jul 2011, 12:30 pm
Remember, your choice does matter. [read post]
5 Oct 2020, 5:13 am
The regular rules of evidence apply for evidence depositions. [read post]
28 Jan 2010, 2:55 am
We find a considerable amount of disagreement among the judges regarding most of these matters — enough to suggest that in at least some instances the merits might well have been resolved differently had the detainee’s case been heard by a different judge. [read post]
18 Dec 2018, 6:21 pm
Kentucky (1966), the Court did strike down a common-law criminal libel rule on vagueness grounds, but that rule was considerably broader and less precise than the New Hampshire rule.) [read post]
9 Dec 2022, 8:28 am
” It can be hard to second-guess rule-of-reason cases from the outside, but there are reasons to think this is one of those matters where the preconditions to a strong potential competition argument are absent, but merger-related efficiencies real. [read post]
15 Nov 2018, 6:00 am
We conclude section 150.002 does not evidence such an intent. [read post]
31 Aug 2011, 8:32 am
” The majority also discounted the putative class members’ sociological evidence of a discriminatory corporate culture on the grounds that such evidence could not easily be quantified. [read post]
29 Aug 2008, 9:41 am
Now, no matter how minor it is, it is charged. [read post]
17 Apr 2016, 2:23 pm
“Judges frequently make rulings that mean guilty people get off. [read post]
14 Aug 2017, 2:45 pm
"A proper Rule 59(e) motion must be based on either an intervening change in controlling law, the availability of new or previously unavailable evidence, or the need to correct clear error or prevent manifest injustice. [read post]
21 Mar 2014, 8:41 am
Sampat notes that his data cannot answer this question, but in truth the answer might not matter. [read post]
3 Mar 2010, 3:36 am
There was no evidence that during the period in question Levi informed the Department of her alleged disability or that she requested a reasonable accommodation of her alleged disability.Finding that the 37 surviving specifications of alleged misconduct were supported by substantial evidence and that the penalty imposed was not so disproportionate as to shock the judicial conscience as a matter of law, the so-called Pell standard, [Matter of Pell v Board of Educ.… [read post]
9 Jul 2008, 6:00 pm
The COA held that the Family Court abused its discretion and proceeded without subject matter jurisdiction, and therefore reversed the Family Court's ruling. [read post]
5 Feb 2009, 4:10 am
There was no evidence that during the period in question Levi informed the Deparetment of her alleged disability or that she requested a reasonable accommodation of her alleged disability.Finding that the 37 surviving specifications of alleged misconduct were supported by substantial evidence and that the penalty imposed was not so disproportionate as to shock the judicial conscience as a matter of law, the so-called Pell standard, [Matter of Pell v Board of… [read post]
10 Dec 2021, 7:14 am
We no longer record evidence using quill and ink. [read post]
10 Dec 2021, 7:14 am
We no longer record evidence using quill and ink. [read post]
6 Mar 2017, 7:23 am
Colorado, No. 15-606, put this rule to a stress test. [read post]
6 Nov 2014, 2:09 pm
If legislative choices may rest on “rational speculation unsupported by evidence or empirical data,” Beach Commc’ns, 508 U.S. at 315, it is hard to see the point of premising a ruling of unconstitutionality on factual findings made by one unelected federal judge that favor a different policy. [read post]
30 Aug 2011, 4:50 pm
Deloitte also asked that the final rule provide additional guidance on defining what would constitute sufficient audit evidence. [read post]
