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5 Jan 2011, 1:27 am by sally
Regina v C [2010] EWCA Crim 2971; [2011] WLR (D) 347 “Where a defendant wished to challenge evidence of earlier convictions which the Crown sought to deploy as relevant to the question of whether the defendant was responsible for the commission of the offences for which he was on trial, the defendant’s bare assertion that he did not commit those earlier offences was inadequate; it was essential that the defendant provide a detailed defence statement identifying all the… [read post]
22 Dec 2013, 9:01 pm by Neil Cahn
The Second Department used its December 18th decision in El-Dehdan v. [read post]
14 Sep 2009, 12:05 am
iStock_000000104056_L1.jpg While the plaintiff failed to meet his burden to show most of the documents were privileged or protected, or, alternatively, that inadvertent disclosure was shown, based on the "interests of fairness and justice," nine pages were entitled to protection in a "rare" yet flexible application of FRE 502(b), in Peterson v. [read post]
22 Sep 2011, 12:24 am by John Diekman
Practice point: Under New York common law, a landowner has a duty to maintain the premises in a reasonably safe condition, taking into account all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.Student note:A landowner's duty may arise under the common law, by statute, or by regulation.Case: Alnashmi v. [read post]
12 Mar 2007, 6:41 am
Judge Pooler dissented from the ruling.The decision in Sorto v. [read post]
25 Feb 2008, 12:00 pm
The court dealt with whether the burden of proof for the sanction was by clear and convincing evidence or as the district court concluded, by a mere preponderance of the evidence.The court ultimately decided that when the appropriate burden of proof is not clear, the issue is resolved within the limits of proportionality. [read post]