Search for: "MATTER OF RULES OF EVIDENCE"
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8 Jun 2020, 4:00 pm
It is like a mini-trial, but the rules of evidence are more relaxed than in trial and the Judge is not deciding your guilt or innocence, but rather whether the District Attorney has enough probable cause to charge you with the specific crime. 5. [read post]
27 Oct 2011, 3:52 am
” The Appellee’s brief argues that such a rule would undermine the principles of the plea inquiry, especially in a military context. [read post]
24 Jun 2011, 9:16 am
Justice Ginsburg, joined by Justices Breyer, Sotomayor, and Kagan, dissented from the Rule 23(a) ruling, arguing that the majority blended Rule 23(a)(2)’s commonality requirement with Rule 23(b)(3)’s inquiry into whether common questions “predominate” over individual ones. [read post]
13 Jun 2008, 1:21 am
The court of appeal held that the parol evidence rule, therefore, did not exclude the extrinsic evidence from company employees regarding obligations under the completion agreement. [read post]
22 May 2009, 7:54 am
As evidence of this phenomenon, he recounted that the MMD fielded three candidates during the last parliamentary election. [read post]
22 May 2009, 7:54 am
As evidence of this phenomenon, he recounted that the MMD fielded three candidates during the last parliamentary election. [read post]
9 Jul 2020, 5:48 am
The trial court therefore did not err in concluding the frisk was unconstitutional. (2) Under the attenuation doctrine, evidence that would be subject to suppression via the exclusionary rule is nonetheless admissible when the connection between the illegal action of law enforcement and the evidence is “remote or has been interrupted by some intervening circumstance. [read post]
2 May 2020, 4:47 pm
Centre for Democracy and the Rule of Law v. [read post]
20 Apr 2012, 7:57 am
On that record, it should surprise nobody that the Court saw a clear answer in the statutory mandate that the district court decide the matter “as the facts in the case may appear”: because the statute plainly authorized the admission of some new evidence, the simplest answer was the one the Federal Circuit gave, permitting the admission of evidence under ordinary rules of evidence. [read post]
22 Jul 2020, 8:00 am
Federal Rule of Evidence 602 requires a witness to have personal knowledge of a matter, and Allahyari could not know what Green intended when serving the initial disclosures. [read post]
29 Aug 2016, 2:21 pm
Should the matter turn on the sex on a person’s birth certificate (which may be amended through legal procedures)? [read post]
5 Jun 2014, 11:08 am
Civil courts are another matter. [read post]
25 Mar 2020, 9:58 am
Reed Smith is continuing to follow this matter closely and will report on the further developments. [read post]
25 Mar 2020, 9:58 am
Reed Smith is continuing to follow this matter closely and will report on the further developments. [read post]
12 Jul 2011, 3:36 am
The empirical evidence says the reverse. [read post]
2 Aug 2016, 8:57 am
And, where this paramount right is at issue, the Court went on, indigent parents opposing termination of parental rights and adoption proceedings cannot be expected to represent themselves adequately at trial given that they are laypeople unfamiliar with the rules of evidence, rules of court, and so on. [read post]
14 May 2012, 3:00 am
., 523 U.S. 135 (1998), without any extensive analysis of extrinsic evidence. [read post]
21 Dec 2009, 10:06 am
Neither does the court have a record of all documentary evidence considered, if any. [read post]
3 Feb 2012, 12:56 pm
The same source notes that the Federal Rules of Evidence, as well as evidence rules in force in many states, let a lay witness express an opinion as long as it is “rationally based” on the witness’ perception of facts and is likely to help the jury (or other finder of fact) understand a fact that is at issue in the case. [read post]
5 Jun 2017, 3:05 pm
Discreetly, the rule proscribes only those out-of-court statements that are offered by a proponent of evidence to prove the truth of the matter asserted. [read post]