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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.
Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well-known, or so authoritatively attested, that it cannot reasonably be doubted. This is done upon the request of the party seeking to rely on the fact at issue.
Stipulation for a or b, where the answer given is a: This was void in the case of slaves [23] but valid in the case of money [24] The difference arose because money cannot be destroyed but slaves can, so a stipulation for slave a or b is fundamentally different from one for a because in the first instance, if a dies, the stipulation would be ...
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 ...
Many holders of controversial and highly charged opinions use stipulative definitions to attach the emotional or other connotations of a word to the meaning they would like to give it; for example, defining "murder" as "the killing of any living thing for any reason". The other side of such an argument is likely to use a different stipulative ...
Consumers ultimately have to be accepted for their refund loan via the lender, and the tax software companies have many stipulations for applicants. For example, TurboTax users must receive a ...
The Hynix court explains the difference between a mistake of law "where the facts are known, but the legal consequences are not, or are believed to be different than they really are" (Century Importers, Inc. v. United States, 205 F.3d 1308, 1313 (Fed. Cir. 2000)), and a mistake of fact, "where either (1) the facts exist, but are unknown, or (2 ...