Search for: "MATTER OF RULES OF EVIDENCE"
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4 Nov 2016, 8:57 am
If the firm suspects wrongdoing, further investigation may be warranted, such as forensically examining the broker’s computer for electronic evidence of wrongdoing, reviewing office copy machine electronic records, or even watching building surveillance tapes. [read post]
4 Feb 2011, 9:07 am
I was looking at the rules governing a Motion to Suppress Evidence in an immigration court, such as a non-voluntary statement, and the rules governing the Fourth Amendment and the Exclusionary Rule as they pertain to the immigration proceedings, and much to my surprise, the courts, even the Ninth Circuit, has already given broad powers to immigration officers to interrogate anyone suspected of being an alien. [read post]
15 Aug 2014, 7:02 pm
The rules of evidence require that, out of court statements, offered for the truth of the matter asserted is hearsay. [read post]
14 May 2007, 8:43 am
The political party membership of the lawyer didn't matter. [read post]
14 May 2007, 8:43 am
The political party membership of the lawyer didn't matter. [read post]
29 Apr 2021, 5:34 pm
That matters because the National Bank Act incorporates the common law as it existed in 1864, and the FDIC rule is inconsistent with the common law. [read post]
2 Aug 2006, 12:10 pm
Invoking Federal Rule of Evidence 404(b), the government introduced a prior conviction for drug distribution. [read post]
21 Mar 2016, 3:00 am
The court’s ruling seems to call into question all convictions that have been incurred under the new statute, except perhaps those in which there was evidence of the defendant’s actual knowledge of the illegality of his or her conduct. [read post]
21 Mar 2016, 3:00 am
The court’s ruling seems to call into question all convictions that have been incurred under the new statute, except perhaps those in which there was evidence of the defendant’s actual knowledge of the illegality of his or her conduct. [read post]
18 Oct 2016, 2:02 pm
In theory Mother could have collaterally attached the removal order through a Rule 60(b)(4) motion, but she did not do that. [read post]
6 Mar 2014, 1:06 pm
The matter then moved to federal court. [read post]
8 Oct 2019, 9:11 pm
In the place of disqualification came impeachment.Last week in my Evidence class, we talked about impeaching criminal defendants’ testimony with prior convictions, as allowed by Federal Rule of Evidence 609. [read post]
30 Sep 2020, 2:41 pm
The US Court of Appeals for the Tenth Circuit ruled in favor of three Pueblo Indian tribes Tuesday in a water rights case. [read post]
23 Aug 2018, 12:05 pm
You may have to defend that outcome in additional battles like a defense request for a judgment as a matter of law, or an appeal. [read post]
22 May 2014, 4:02 pm
I.7.4) applies to the property of a diocese and, if so, the textual analysis, legal basis and evidence supporting the conclusion. 12. [read post]
28 Mar 2013, 3:37 pm
They are intimately familiar with the Rules of Evidence, which require a "chain of custody" and "laying a foundation" before any item may be offered to the finder of fact as an authenticated piece of proof. [read post]
13 Apr 2018, 5:00 am
”The rule goes on to give specific examples of how different types of evidence may potentially be authenticated. [read post]
18 Dec 2020, 11:01 am
But the Flynn pardon deserves a moment’s pause, particularly now that Judge Emmet Sullivan has dismissed his criminal case in a 43-page ruling that came 13 days after the pardon itself was announced. [read post]
9 Feb 2016, 9:55 am
Evan points out that the court went so far as to conclude that the Yelp post was not hearsay to begin with because “It was not being offered to prove the truth of the matter asserted, but to demonstrate the consumer’s confusion — a then-existing mental state of the declarant, which is an exception to the hearsay rule. [read post]
18 Apr 2012, 4:40 pm
Some of those “back benching” courts used consensus statements and reviews, which both marshaled the contrary evidence as well as documented the invalidity of the would-be affirmative evidence. [read post]
