Sentences with phrase «issue of admissibility»

There was no basis for subjecting the issue of admissibility of this video evidence to a special test.

In particular it was found that Mr. Groia used the issue of admissibility of documents to launch an attack against the prosecutors.

In response to the defendant's argument that a party to litigation is entitled to the production of evidence that is «reasonably calculated to lead to the discovery of admissible evidence,» Magistrate Judge Facciola held that the defendant's purpose for seeking the images (which was to admit them as evidence of the plaintiff's own standard of behaviour) meant that the issue of discoverability and the issue of admissibility were inseparable.

«With this book l will no longer be panicking when the issue of admissibility as to a critical piece of evidence is suddenly being litigated mid-trial.»

denied, 117 S. Ct. 770 (1997), the first major appellate decision in the country on the issue of admissibility of evidence of repressed and recovered memories.

This last point immediately leads us to the issue of admissibility raised by a number of Member States as well as institutions that have submitted observations in the present case.

R. v. Nde Soh is important because the Court accepted the need to receive evidence on the issue of admissibility as to how the computer system that produced the «electronic documents» worked.

We released the preliminary results of the market research on the target group through the Public Health Foundation of India on the issue of admissibility of plain packaging and the relation to packaging, brands and packaging color to run.

Attorneys are also resorting to more primitive techniques such as taking screenshots and things of that nature which raise real issues of admissibility which is a huge problem and then ironically social media sites are responded by providing their own takeouts or downloads.

Turning to issues of admissibility, a potential case focused on (or including) charges for punitive demolitions would likely pass the tests of complementarity and gravity under Art. 17 of the Rome Statute.

Not exact matches

At the last adjourned sitting on March 14, 2017, the prosecution counsel, Rotimi Oyedepo, had sought to tender the list of the beneficiaries of the alleged $ 115,010,000 along with the attached Certificate of Identification issued, but Olatunji Ayanlaja, SAN, counsel to the second defendant, Sulaiman, objected to its admissibility.

A pdf copy of other recent papers that I have written on electronic discovery and admissibility of records issues can be downloaded from Slaw and from the Social Science Research Network (SSRN) by way of my SSRN author's page, or at: http://ssrn.com/author=1398484, and my Slaw author's page, or at: http://www.slaw.ca/author/chasse/.

However, the Principles are not intended to place significant focus on records management (RM) or the importance or desirability of appropriate RM practices so as to be properly prepared for litigation, or on issues related to the integrity of information systems under Evidence Acts, or on the substantive law related to the admissibility of electronic records into evidence.

The admissibility of social media evidence at trial is another interesting issue.

Therefore the state of records management of paper records systems is irrelevant to issues concerning the discovery and admissibility of their pre-electronic paper records.

In regard to best evidence rule issues, admissibility of electronic records requires proof of the «systems integrity» of the electronic records management systems (ERMSs) in which the records are recorded or stored; see for example: Canada Evidence Act (CEA) s. 31.2 (1)(a); Ontario Evidence Act (OEA) s. 34.1 (5), (5.1); Alberta Evidence Act s. 41.4 (1), (2); and the, Nova Scotia Evidence Act s. 23D (1).

Those whose visas have already been stamped «cancelled» as a result of the executive order are eligible for a waiver, absent any other admissibility issues, and will not need to reapply for a new visa.

An issue arose regarding the admissibility of two communications between the Plaintiffs and the Defendant Landlord's solicitor (Ms. Jackson).

In regard to best evidence rule issues, admissibility of electronic records requires proof of the «systems integrity» of the electronic records management systems (ERMSs) in which the records are recorded or stored; see... [more]

If so, then one of the bread - and - butter issues in which trial judges get no shortage of experience is the admissibility of expert testimony.

On the other hand, if all of the evidence admissibility issues had been sorted out before trial by motion in writing — the US system — and all of the witnesses that either side knew they might call had been available for pretrial deposition and everybody conceivably important had been examined - again the American system — then perhaps your trial and all of the other trials wouldn't have been as long, or have been resolved for whatever reason because the lawyers knew what the evidence would likely be, so there'd have been judges... etc..

As you can see, social media and social media content raise serious issues for the judiciary, with regards to independence, integrity and ethical standards, admissibility of evidence, the availability of ex parte information, the extent of judicial notice, practice rules, the right to a fair trial and juror conduct.

This is the second time that the ECJ was confronted with the issue of trade in seals, after having dismissed an earlier appeal to the order of the General Court in an action for annulment of Regulation No 1007/2009 on the basis of lack of admissibility (Case T - 18 / 10, Inuit Tapiriit Kanatami I, EU: T: 2011:419).

Fox explains that because the admissibility of evidence rests with a federal judge's discretion, and most federal judges prefer to limit the scope of issues addressed at trial, judges are more likely than not to exclude «me too» evidence to keep trials from spinning out of control.

Its high cost, dependence upon the quality of electronic records management, interdependence with admissibility of evidence rules and practices, and development of TAR (technology aided review) software, which in itself raises many complex issues, will maintain disclosure and discovery's importance to all litigators for many years to come.

The issues on appeal were primarily on the admissibility of certain electronic records.

The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correcIssues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correcIssues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correcissues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correcissues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.

The Court of Appeal held the legal issue of threshold admissibility (regarding the inconsistent statements made by the accused) was quite different from and not relevant to the judge's ultimate finding that the Crown failed to establish the collusion on which its case depended.

I won't comment on locus standi too much here; suffice it to say that the General Court put a rather large cart before a potentially even larger horse by skipping the admissibility issue altogether in the present case and dealing with the substantive issues head on («for the sake of the economy of the procedure»).

On appeal, the EAT was asked to consider the issues around the admissibility of this evidence.

The panel also took issue with Mr. Groia's repeated requests for a witness, Mr. Brown, to be called on a voir dire (a hearing to determine admissibility of evidence), without making any submissions on this point (paras.

The Court formulated a new standard for the admissibility of eye witness testimony which, inter alia, mandated that such testimony be excluded if the defendant can prove — based on system and / or estimator variables — that the «probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence» (44 - 5).

Dave has recently addressed in his practice such current issues as information security and privacy programs and policies, contracting for privacy and security, response to security incidents and data breaches, digital and environmental forensics, admissibility of expert opinions, e-discovery, and defense of enforcement actions.

In the next part of this series, «Authentication and Admissibility of Social Media Evidence,» we will begin our discussion of the issues associated with authentication and admission of social media materials as evidence.

Under the federal rule for the admissibility of expert testimony, Federal Rule of Evidence 702, expert testimony which does not relate to any issue in the case is not relevant and non-helpful.

New material relates to: Requests for further production, Demands for particulars, Preservation of evidence, Spoliation, Discovery Plan, Proportion and Marginal Utility, Cost Shifting, Admissibility of Internet Information, Privacy Issues, Third Party Information and Norwich orders, and Anton Piller Orders... [more]

Effective dissemination of knowledge on European Convention on Human Rights and jurisprudence / admissibility issues pertaining to European Court of Human Rights.

The only admissibility issues arising from the fact that relevant information is «computer generated» relate to the accuracy and reliability of the technology that produced the information.

(4) identify admissibility of evidence issues and determine whether an offer of proof or voir dire is required or whether the issue is really a matter of weight

New material relates to: Requests for further production, Demands for particulars, Preservation of evidence, Spoliation, Discovery Plan, Proportion and Marginal Utility, Cost Shifting, Admissibility of Internet Information, Privacy Issues, Third Party Information and Norwich orders, and Anton Piller Orders.

-- order the European Council to pay the costs which he has incurred in the context of the preliminary issue relating to admissibility.

He has litigated a broad range of issues, including Federal preemption; electrocution injuries; failure to warn and design defect; the admissibility of economic testimony; price - fixing and essential facilities; groundwater contamination; primary and exclusive administrative jurisdiction; alleged asbestos exposure; the extraterritorial application of Federal and state law, and the certification and decertification of consumer class actions.

Anybody who's preparing for trial has at least a sense of the admissibility issues they're going to face with any particular witness, whether the issue is hearsay or something else.

The Code in dealing with documentary evidence separates the issues as to admissibility of originals, authentication and admissibility of copies, into three separate groups of sections.

At issue was the admissibility of six photos of the complainant's computer screen showing the conversations as well as the printouts of five screen captures from the complainant's computer on which the conversation could be read.

[119]... From the evidence on the record, the question of Galloway's admissibility was never an issue of national security.

In regard to «best evidence rule» issues, admissibility of an electronically - produced record requires proof of the «systems integrity» of the ERMS in which the electronic record was recorded or stored, as stated in s. 31.2 (1)(a) of the Canada Evidence Act (CEA), or a provincial or territorial Evidence Act in civil proceedings.

I didn't check through the other instances of Kusk cites at the appellate level to see if any of them involve this sort of issue or at the trial level to see if they're reports of trial judge's ruling on the (in) admissibility of this type of question.

It seems to me that the approach you are advocating can only increase the cost of litigation in Canada as lawyers have to argue about the integrity of their client's systems as a threshold issue for admissibility.

The inadequacies of these legislated «quick fixes» was soon made apparent by the published textbook and journal commentary raising uncertainties as to their adequacy in dealing with the admissibility and «weight» issues generated by adducing electronically - produced records as evidence.