Search for: "MATTER OF RULES OF EVIDENCE"
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9 Nov 2010, 10:06 am
It is axiomatic that evidence is not to be counted but only weighed and it is not the quantity of evidence but the quality that matters. [read post]
13 Sep 2009, 2:52 am
Rules matter and you have to explain what they are. [read post]
6 Dec 2018, 4:00 am
Supreme Court denied Johnson's petition and dismissed the proceeding, whereupon Johnson appealed the Supreme Court's ruling to the Appellate Division contending that the hearing officer should have applied the preponderance of the evidence standard in making his findings.A "preponderance of the evidence" is the standard used disciplinary actions where arbitration is not mandated and requires that the evidence for one side outweighs… [read post]
6 Dec 2018, 4:00 am
Supreme Court denied Johnson's petition and dismissed the proceeding, whereupon Johnson appealed the Supreme Court's ruling to the Appellate Division contending that the hearing officer should have applied the preponderance of the evidence standard in making his findings.A "preponderance of the evidence" is the standard used disciplinary actions where arbitration is not mandated and requires that the evidence for one side outweighs… [read post]
28 Sep 2021, 8:08 am
The Party is now engaged in other matters, so business people are forced to rely on the court system. [read post]
4 Sep 2024, 6:47 am
Model Rules of Pro. [read post]
16 Jul 2010, 3:51 am
"The Appellate Division held that the lower court’s ruling was incorrect. [read post]
18 Dec 2008, 12:15 pm
"The Appellate Division held that the lower court's ruling was incorrect. [read post]
17 May 2019, 11:41 am
” As a general matter, I do not think the clear statement rule would apply to the 18 U.S.C. [read post]
25 Oct 2020, 7:07 pm
Furthermore, such a finding must be supported by clear and convincing evidence. [read post]
7 Jul 2010, 6:53 am
That is, application of the exclusionary rule is not a matter of right upon a finding that an improper search has taken place. [read post]
4 Apr 2019, 3:24 pm
In a recent case, a New Mexico federal trial court ruled on a summary judgment motion brought by a plaintiff injured in Albuquerque. [read post]
20 Jun 2019, 5:40 am
.), the Pennsylvania Superior Court granted a Plaintiff a new trial in a case where the trial court refused to grant the Plaintiff judgment as a matter of law in a case where the trial court erroneously refused to find that the Defendant’s actions in rear-ending the Plaintiff’s vehicle on the Pennsylvania Turnpike and causing a chain reaction accident amounted to negligence per se under the assured clear distance ahead rule found under 75 Pa. [read post]
10 Aug 2015, 1:20 pm
For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. [read post]
27 Dec 2016, 5:00 am
District Court in Manhattan to rule in their favor now that the bench trial over whether DRW manipulated a futures contract has ended. [read post]
24 Feb 2012, 7:58 am
” The CCA noted that under TRE 901(a), the proponent of the evidence need only make a threshold showing that would be sufficient to support a finding that the matter in question is what its proponent claims. [read post]
27 Mar 2024, 6:39 am
The same goes for the Federal Court of Australia via the Federal Court Rules 2011 (Cth); see Overseas Service and Evidence Practice Note (GPN-OSE). [read post]
9 Dec 2019, 3:10 pm
The board is allowed to consider hearsay evidence as long as it has some appearance of adding reliable and probative value to making a decision on the matter. [read post]
28 Nov 2014, 2:48 am
” To the contrary, the matter may be reopened if it qualifies under Rule 4:50–1(f), and even then, if the motion is found to have been brought within a reasonable time. [read post]
2 Sep 2011, 9:52 am
A federal judge ruled that an acute care hospital violated Stark laws by submitting claims to Medicare that were induced by referrals.The judge ruled that Stark prohibitions against self-referral were violated as a matter of law, which means they did not even have to go before a jury. [read post]
