Ads
related to: stipulations of fact examples in court caseslegal.thomsonreuters.com has been visited by 10K+ users in the past month
Search results
Results From The WOW.Com Content Network
In United States law, a stipulation is a formal legal acknowledgment and agreement made between opposing parties before a pending hearing or trial. For example, both parties might stipulate to certain facts and so not have to argue them in court. After the stipulation is entered into, it is presented to the judge.
If fact bargaining is acceptable, then the entire moral and intellectual basis for the Sentencing Guidelines is rendered essentially meaningless." [2] Judges rarely overturn stipulations reached by fact bargaining. [3] In some cases, "creative" plea bargains are reached in which the defendant pleads guilty to a totally different lesser crime.
Old Chief v. United States, 519 U.S. 172 (1997), discussed the limitation on admitting relevant evidence set forth in Federal Rule of Evidence 403. Under this rule, otherwise relevant evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or considerations of undue delay ...
The grounds on which the appellant contends that the claim now asserted is not barred by the decree rendered in 1871 in the former suit in the circuit court resolve themselves into these two: first, that it is found as a fact that this claim was not litigated in that suit; second, that it could not have been considered in that suit, because the ...
In a criminal case, the defendant has the right to contest every fact that might tend to incriminate him. Therefore, the court taking judicial notice would simply allow the jury to make the finding that the court took notice of, but would not require this outcome, and would not prevent the defense from presenting evidence to rebut the noticed fact.
Section 15 of the Judiciary Act of 1789 provided: [A]ll the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the ...
Rothman, 492 F.2d 1260 (9th Cir., 1973), this court, conceding that Schneckloth is limited by its facts to cases in which the consenting party is not in custody, observed that we have never applied a different test for consent searches on the basis of the pre-consent arrest of the consenting party and held that 'arrest is but one factor, albeit ...
Court: United States District Court for the Southern District of Texas: Full case name: David Resendez Ruiz v. W.J. Estelle, Jr., Director, Texas Department of Corrections : Decided: 1980 (original report) Citations: 503 F. Supp. 1265 (S.D. Tex. 1980), 550 F.2d 238: Case history; Prior action: Handwritten petition filed by David Resendez Ruiz ...