Search for: "MATTER OF RULES OF EVIDENCE"
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21 Dec 2018, 8:20 am
The summary judgment rule must be interpreted within the context of a Master’s jurisdiction and is not intended to determine the parties’ rights; rather, the rule requires an examination of the evidence to find whether there is an issue to be tried. [read post]
8 Mar 2015, 6:45 pm
The mother argued that she entered into the Rule 11 agreement to terminate her parental rights before knowing that, because of a criminal matter, she would be receiving Department services that would provide housing and help stabilize her life. [read post]
3 May 2012, 12:31 pm
Character Evidence for a Criminal Defendant The second exception to the inadmissibility of character evidence applies to the character of the defendant in a criminal matter, whether or not the defendant testifies.In this case, it is the defendant who decides whether or not any character evidence will be introduced. [read post]
10 Dec 2012, 4:00 pm
The amendment being considered would prohibit police from sifting through e-mails, no matter how old, without a warrant. [read post]
14 May 2009, 12:34 pm
It is evident from Rule 66 that a cap has been imposed upon the recovery of costs in an action to which the Rule applies. [read post]
23 Sep 2011, 8:09 am
” (citation omitted)).Of jury verdicts:When reviewing a general jury verdict, different rules apply depending upon whether the flaw is in the legal theory or the evidence. [read post]
16 Nov 2011, 6:00 am
Under the parole evidence rule, argued defendants, the integrated agreement on each lot was the final expression of the terms of the agreement. [read post]
20 Feb 2023, 4:30 am
Thus, the court remanded the matter for the consideration of parol evidence. [read post]
3 Apr 2008, 7:27 am
There are a lot of things we like about the learned intermediary rule. [read post]
12 Feb 2013, 2:38 pm
Therefore, the court ruled to remit the matter to the Supreme Court to hear and report on the defendant’s motion to withdraw his plea. [read post]
6 Nov 2018, 9:11 am
A matter is conclusively established if reasonable people could not differ as to the conclusion to be drawn from the evidence. [read post]
1 Feb 2017, 2:01 pm
First, the Consortium presented evidence in respect of guidelines issued in 2012 (see Copyright Matters! [read post]
1 Feb 2017, 2:01 pm
First, the Consortium presented evidence in respect of guidelines issued in 2012 (see Copyright Matters! [read post]
24 Jul 2019, 4:00 am
The employer objected and filed an appeal with the Appellate Division.The Appellate Division reversed the Supreme Court's ruling "on the law," with costs, reinstated the penalty of dismissal from the position imposed by the arbitrator and remitted the matter to the Supreme Court for the confirmation of the arbitration award pursuant to CPLR §7511(e).Citing Matter of New York City Tr. [read post]
24 Jul 2019, 4:00 am
The employer objected and filed an appeal with the Appellate Division.The Appellate Division reversed the Supreme Court's ruling "on the law," with costs, reinstated the penalty of dismissal from the position imposed by the arbitrator and remitted the matter to the Supreme Court for the confirmation of the arbitration award pursuant to CPLR §7511(e).Citing Matter of New York City Tr. [read post]
24 Mar 2011, 8:26 pm
Here are a pair of summary judgment rulings I found from judges in the U.S. [read post]
11 Oct 2013, 4:28 am
Perhaps saying "there is no need" goes too far, because should ground no. 1 be overturned on appeal without judgment having been given on ground no. 2, the matter will presumably be sent back to the adjudicator of first instance to rule on ground no. 2. [read post]
12 Nov 2020, 2:00 pm
If the new rules pass, a patent that survives one IPR may never have to face another—even if the second IPR is based on new and stronger evidence. [read post]
29 Mar 2024, 8:22 am
The 1975 codification of the law of evidence, in the Federal Rules of Evidence, introduced a subtle, aspirational criterion for expert witness opinion – knowledge. [read post]
7 Dec 2008, 10:34 pm
Poshard's thesis, broke new ground in the general understanding of plagiarism and citation, and did not thoroughly discuss several factual matters. [read post]