46) Conversely, "[w]hen an agency [or court] finds facts concerning immediate parties--what the parties did, what the circumstances were, what the background conditions were--the agency [or court] is performing an adjudicative
function, and the facts may conveniently be called adjudicative
Because judicial notice on appeal is a vital adjudicative
device for advancing appellate decisions on the merits, its application should be clarified in Florida in the same way that it has been under federal rules, and in the same way that other states, such as California, have moved to clarify their appellate rules.
This is so because neither IQ nor the adjudicative
concepts of adjudicative
representation in different types of litigation
Almost no one in the law, in scholarship or otherwise, addresses the standard of proof for anything other than adjudicative
Federal Rule of Evidence 201 allows courts to take judicial notice of adjudicative
facts that are "not subject to reasonable dispute" because they are "generally known within the trial court's territorial jurisdiction" or "can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.
Likewise, schools' efforts to develop a working investigative and adjudicative
system will take time and will not be easy, but it is a challenge that they must accept.
Armed with this distinction, we see that appellate courts generally grant clear error deference only to adjudicative
Section III will address the constitutionality of the adjudicative
power of bankruptcy courts over certain core matters.
Their everyday work requires them to oversee the precise details of adjudicative
processes, including issues such as the use of interim measures, the disclosure of evidence, questions of standing and representation by counsel, the assessment of the admissibility of evidence and the relative weight to be accorded to it, the management of delays, and the awarding of costs.
54) The trigger for a formal adjudicative
hearing under state
The government also has specific adjudicative
guidelines, and your attorney can significantly improve your odds of a clearance adjudication in your favor.