Search for: "MATTER OF RULES OF EVIDENCE"
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3 May 2014, 4:13 pm
Summary judgment shall only be granted when there are no issues of material fact and the evidence requires the Court to direct a judgment in favor of the opponent as a matter of law. [read post]
6 Jul 2021, 7:36 am
The parol evidence rule is not an obstacle to evidence being admitted to assist the court in interpreting the contract. [read post]
13 Jun 2020, 12:50 pm
What I disagree with is that the location of the coding matters. [read post]
11 May 2009, 10:03 am
But the ruling does seem right as a matter of policy. [read post]
30 Nov 2023, 9:03 am
Some courts take the view that legal proceedings are private matters and that access to court documents should therefore be restricted. [read post]
29 Sep 2010, 4:09 pm
Additionally, a defendant is entitled to exculpatory evidence. [read post]
30 Aug 2018, 5:12 am
According to the Times, the new rules “would add the ability for victims and their accused perpetrators to request evidence from each other and to cross-examine each other. [read post]
8 Apr 2021, 8:04 am
What matters, then, is not whether a document is last in line, but whether it communicates a policy on which the agency has settled. [read post]
13 Apr 2019, 5:12 pm
The Statute does not bar the admission of documentary evidence, however, as long as the document is verified by a third party. [read post]
26 Feb 2012, 10:00 pm
The trouble is that most people won't fix sidewalks no matter who sues them so refusing to allow the photographs into evidence would serve no purpose whatsoever. [read post]
25 Jun 2009, 11:42 am
The majority opinion of the Court ruled that claimants in age discrimination cases must show direct evidence that their age played a significant role in their employers' decisions. [read post]
7 Apr 2009, 11:31 am
The Plaintiff moved for a directed verdict that the defendant was negligent as a matter of law due to the application of the boulevard rule. [read post]
15 Feb 2018, 8:13 am
Because the facts and evidence do not support the finding that claim 1 is “an attempt to claim a new set of rules for playing a card game” and therefore, necessarily, is an abstract idea, a prima facie case of patent-ineligible subject matter under 35 U.S.C. [read post]
18 Oct 2022, 9:18 am
[1] See Lewis County Family Court’s Order dated July 15, 2021, following the adjudication hearing in this matter [read post]
23 Mar 2009, 1:41 pm
Second, because the drafters of the Federal Rules of Evidence (and analogous state codes) intended to adopt the common law understanding of the Exception when codifying it in Rule 801(d)(2)(E), encroachment beyond the historical boundaries of the Exception violates existing rules of evidence. [read post]
22 Mar 2016, 4:22 am
Pursuant to Federal Rule 56(a), Summary judgment is proper if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. [read post]
3 Nov 2010, 4:58 pm
but the best evidence rule says you should have brought in the whole damned bed-frame. [read post]
28 Feb 2016, 5:00 am
Such relaxation of the application of the rules of evidence also can be seen in jury trials, including where the judge allows prosecution witnesses to testify to otherwise inadmissible hearsay matters after a prosecutor claims s/he will “tie up” the hearsay loose ends with subsequent testimony and evidence. [read post]
31 May 2013, 4:17 pm
This was so because individualized evidence would be required to try that defense, and Rule 23 (b)(2) envisions all-at-once relief. [read post]
22 Jun 2012, 12:46 pm
The Court pointed out that it is not for the government to decide what evidence is favorable to an accused and that it does not matter whether the failure to turn over evidence was inadvertent or not. [read post]
