Search for: "In re: Amendments to the Florida Evidence Code" Results 41 - 60 of 298
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25 Oct 2021, 8:12 am by Rebecca Tushnet
For another, the followup Second Circuit case, Cliffs Notes—unlike Gordon—says you have to remember the important First Amendment interests at stake even when you’re back in multifactor test land.] [read post]
19 Aug 2020, 10:08 am by Law Lady
Elections -- Campaign financing -- Excess spending subsidy -- Injunctions -- Candidate for Republican Party for Governor of State of Florida, who is not participating in Florida system of public campaign financing, moved to preliminarily enjoin enforcement of provision of Florida Election Campaign Financing Act, which provides participating candidates with a subsidy to spend on their campaigns when a nonparticipating opponent spends in excess of statutory expenditure limit… [read post]
30 Nov 2015, 8:17 am by Juan C. Antúnez
Janes, 878 So.2d 440, 443 (Fla. 5th DCA 2004) (“The 2002 amendment to section 733.107, adding subsection 2, was intended to incorporate sections 90.301–90.304 of the Florida Evidence Code, and require a shifting of the burden of proof after the presumption of undue influence arises in a will contest. [read post]
27 Mar 2012, 8:59 pm by David Kopel
The Court unanimously re-affirmed Beard‘s no-retreat rule in Alberty v. [read post]
13 Oct 2010, 7:55 am by Susan Brenner
Code § 2252 by knowingly accessing and possessing with intent to view child pornography. [read post]
14 Jun 2008, 3:02 pm
  Second, a big issue in this case was whether new Florida Trust Code (FTC) section 736.04115  expanded pre-existing Florida law or merely codified pre-existing Florida law regarding a trustee's standing to bring a trust reformation action. [read post]
21 Feb 2017, 6:08 am by Rebecca Tushnet
” The state’s interest in protecting Floridians’ Second Amendment rights was a substantial government interest, but: (1) The legislature had no evidence that doctors had infringed those rights, because as private actors they can’t do so. (2) Florida makes it a misdemeanor to fail to secure firearms that are then obtained or possessed by minors without supervision, which means that questioning patients is consistent with state policy and not… [read post]
21 Oct 2016, 12:56 pm
To have probable cause, `it is not necessary that the officer know that the discovered res is contraband or evidence of a crime, but only that there be “a “practical, nontechnical” probability that incriminating evidence is involved. [read post]
6 Nov 2013, 9:34 am by Law Lady
Supreme Court of Florida.Bankruptcy -- Fraudulent transfers -- Avoidance -- Liability of transferee -- Chapter 7 trustee may not recover the value of debtors' donation from defendant church as an initial transferee under Section 550(a)(1) of Bankruptcy Code, because donation to church is avoidable as fraudulent transfer under Section 548 and defendant church served as mere conduit for debtors' donation and acted in good faith and as an innocent participant in debtors' fraudulent transfer --… [read post]