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Archive for the ‘Evidence’ Category

*All Posts,Evidence,Last Will & Testament,Will & Testament

The test for measuring the existence of a confidential relationship is whether the relations between the parties are of such a character of trust and confidence as to render it reasonably certain that the one party occupied a dominant position over the other and that consequently they did not deal on terms and conditions of equality

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August 23, 2010 at 5:47 pm

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*All Posts,Evidence,Litigation

The failure of a party to produce evidence which would serve to clarify the facts in issue supports an inference that the party failing to produce such evidence fears that the exposure of those facts would be unfavorable to him

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August 23, 2010 at 5:44 pm

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*All Posts,Evidence,Litigation

Any settlement offer made before trial is inadmissible at trial

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August 23, 2010 at 5:12 pm

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*All Posts,Evidence,Litigation,Motions | Tags:

On a motion based on newly discovered evidence, it must appear that the new evidence would probably have changed the result, that it was unobtainable by the exercise of due diligence in time for trial, and that it is not merely cumulative

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August 23, 2010 at 4:22 pm

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*All Posts,Expert Testimony,Litigation,Motions | Tags:

Decisions regarding witness sequestration are generally left to the discretion of the trial court

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August 23, 2010 at 4:17 pm

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*All Posts,Evidence,Litigation | Tags:

A leading question is one that suggests what the answer should be or contains facts that should originate with the witness

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August 23, 2010 at 4:10 pm

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*All Posts,Evidence,Expert Testimony,Litigation

Expert testimony is not admissible unless it appears that the witness is in possession of such facts as will enable him to express a reasonably accurate conclusion as distinguished from mere conjecture

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August 23, 2010 at 4:07 pm

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*All Posts,Evidence,Hearsay,Litigation

Hearsay is inadmissible, except as provided by the rules of evidence or by other law

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August 23, 2010 at 4:06 pm

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*All Posts,Damages,Death,Domestic-violence,Evidence,Litigation

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation

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August 16, 2010 at 3:56 pm

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*All Posts,Domestic-violence,Evidence,Litigation | Tags:

A defendant’s right to challenge, by cross-examination, the allegations brought against him in a domestic violence proceeding is critically important

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August 12, 2010 at 11:29 am

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