Search for: "MATTER OF RULES OF EVIDENCE"
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20 May 2013, 7:57 am
The problem is that prosecutors aren't required to follow Brady and turn over evidence that matters if someone is going to plead. [read post]
5 Apr 2013, 11:58 am
Evidence regarding someone's financial condition is almost always irrelevant under Tennessee law, in my experience, to try to prove or to disprove most matters. [read post]
9 Nov 2017, 4:00 am
Where an administrative interpretation of a law or rule has a rational basis the court will affirm the ruling even if it would have interpreted the provision differently Matter of United Fedn. of Teachers v City of New York, 2017 NY Slip Op 07324, Appellate Division, First DepartmentSupreme Court denied the United Federation of Teachers, Local 2, AFT, AFL-CIO [UFT] Article 78 petitions seeking, among other things, the annulment of the determination of the New York City… [read post]
5 Aug 2010, 1:52 am
He also ruled that Proposition 8 violated rights that are protected by the Due Process Clause. [read post]
1 Nov 2015, 3:45 pm
In defending its decision, the majority explains that this new rule may work in the defendant’s favor – a witness may arrive late, or a new piece of mitigating evidence might be discovered. [read post]
13 Apr 2016, 4:00 am
OMH subsequently adopted a permanent regulation that incorporated the mandatory mask-wearing requirement into its Rules concerning preventing influenza transmission [see 14 NYCRR 509].** In Matter of Spence v Shah, 136 AD3d 1242, the Appellate Division determined that the DOH regulation was not arbitrary, capricious, irrational or contrary to law.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2016/2016_02696.htm [read post]
3 Jul 2017, 3:00 am
But here, the District Court found it didn’t matter. [read post]
22 Jan 2010, 12:17 pm
At trial, the state introduced evidence of 5 photographs of the scene of the accident. [read post]
20 May 2009, 7:05 am
In gathering the necessary evidence in estate litigation matters, counsel must resort to Rule 39 of the Rules of Civil Procedure. [read post]
19 Jul 2016, 11:48 am
The defendant appealed the ruling to the state supreme court, additionally arguing that it was entitled to judgment as a matter of law under the state recreational use statute. [read post]
29 Jan 2022, 6:24 pm
Preliminary Draft | August 2021 https://www.uscourts.gov/sites/default/files/preliminary_draft_of_proposed_amendments_2021_0.pdfComments to the proposed amendments to the Federal Rules of Evidence Rule 702 are due by February 16, 2022. [read post]
25 Apr 2022, 9:00 pm
Click HERE to access the Appellate Division's ruling. [read post]
25 Apr 2022, 9:00 pm
Click HERE to access the Appellate Division's ruling. [read post]
5 Aug 2010, 12:32 pm
It’s a historic ruling that strikes down Prop. 8 because it violates the federal Constitution. [read post]
23 May 2007, 4:39 am
The antecedent question presented dealt with whether plaintiffs pleading was sufficient to survive a Rule 12(b)(6) motion. [read post]
13 Sep 2023, 9:03 am
Unless the evidence clearly demonstrates that a defendant bears no fault, however, the court will not rule in their favor as a matter of law, as illustrated in a recent New York ruling. [read post]
12 Nov 2014, 2:57 pm
Rule Evid. 102. [read post]
4 Feb 2013, 3:55 pm
Rule 909, he argues, suggests that the trial can proceed unless it’s shown by a preponderance of the evidence that the accused is not competent. [read post]
29 Jul 2015, 9:55 am
Following a hearing, the trial court ruled that the plaintiff failed to establish the restaurant had actual or constructive knowledge that the puddle was on the floor. [read post]
17 Mar 2011, 8:14 am
These cases often would be claimant victories if a Judge was decided the case on a de novo standard of review (meaning a full review of the evidence), as opposed to the abuse of discretion or arbitrary and capricious standard (which adjudicates whether the decision is supported by substantial evidence or was erroneous as a matter of law). [read post]
