Sentences with phrase «review of admissibility»

A review of those cases has concluded that «Most trial judges have heeded the Supreme Court's admonition to act as gatekeepers, and their review of admissibility is generally more detailed and in depth than in pre-Daubert cases» (Bert Black.

Not exact matches

By law, the judge assigned to the case, Ruben Castillo, must review and rule on the admissibility of every document requested by Zambada.

See these articles (pdf): (1) «Admissibility of Electronic Records Requires Proof of Records Management System Integrity»; (2) «The Sedona Canada Principles are Very Inadequate on Records Management and for Electronic Discovery»; (3) «A Legal Opinion is Necessary for Electronic Records Management Systems»; (4) «Electronic Records as Evidence»; and, (5) «Solving the High Cost of the «Review» Stage of Electronic Discovery».

I vainly thought that 2 of my recent innovative Slaw articles might qualify for such recognition: (1) «Solving the High Cost of the «Review» Stage of Electronic Discovery»; Slaw, April 17, 2014; and, (2) «The Dependence of Electronic Discovery and Admissibility upon Electronic Records Management», Slaw Nov. 22, 2013.

I review my picks for the year's 10 most important appellate opinions involving the admissibility of expert opinions and the procedural formalities surround their use.

Records management «system integrity» determines admissibility: thanks John for this excellent review, and for citing the therapeutic stimulation of our published differences of opinion.

The second judgment of the ECJ in Inuit Tapiriit Kanatami thus raises several questions: to what extent is the economy of the procedure indeed a valid justification for skipping a (n explicit) review of the fulfilment of the admissibility requirements?

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.

Simplified, one could conclude that while the negative decision as regards the petition's admissibility is subject to full judicial review of the EU judge, any subsequent decision in regard of a positive petition can not be challenged before the EU courts, regardless of how the Parliament addresses the petition.

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 correctness.

The Senate and House of Commons should review and revise their respective amendment admissibility rules to allow committees to debate and vote on amendments that address Charter concerns regardless of whether they go beyond the «scope and principle» of a bill.

Niall Dickson, chief executive of the GMC, said: «It is important to note that the judicial review was on a narrow point of law about the admissibility of some of the evidence.

Initially, the First Circuit focused on the standards of Daubert / Kumho, stating that this type of expert testimony is subject to a Daubert review, that the trial judge has broad latitude in determining the admissibility of an expert, and that the trial judge's decision will only be reversed for an abuse of discretion.

Reinforcing the firm's commitment to providing its clients with leading - edge solutions in this critical area of the law, he routinely advises clients on efficiently meeting preservation and «meet and confer» obligations, developing strategies for effective data harvesting, review and production, implementing cost - shifting / cost - reduction techniques, and addressing the admissibility and authentication of electronic evidence.

This week's summaries concern: Municipal property tax / Admissibility of evidence / Judicial review of administrative board / Constitutional language rights:

There are many seminars, webinars, conferences and much blogging on the importance of doing the planning, preservation and collection correctly, but seemingly far less on effective review, production and admissibility of the electronic evidence so acquired.

This difficulty is compounded by the fact that traditional laws and customs are transmitted orally from generation to generation, so evidence of these may be restricted or inadmissible under the hearsay rule.137 This is an issue that has been identified by the Australian Law Reform Commission in its Review of the Uniform Evidence Act 1995.138 The Commission proposes that the uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this rReview of the Uniform Evidence Act 1995.138 The Commission proposes that the uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this reviewreview.

It recommended that the section be reviewed as «the provision does not provide sufficient guidance or certainty on the admissibility of evidence in native title proceedings.

We will review the relevant case law as it pertains to the admissibility of PAS before the courts.