Leopold sought a writ of errorcoram nobis, which Leasure defined as "an extraordinary remedy" only justified when necessary to "achieve justice."He alleged ineffective assistance of counsel and a violation of his right to have a neutral and unbiased judge as a finder of fact
He sought relief under FELA using the legal doctrine of "res ipsa loquitur," a doctrine that asks a finder of fact
to infer liability when (as the Latin is often translated) "the thing speaks for itself." Because of the burden-shifting nature of the doctrine, it requires some baseline conditionsnamely that the defendant was in control of the instrumentality that caused the injury and that the plaintiff was not also negligent.
The commission acted within its purview as the finder of fact
in accepting the claimant's statement and the two managers' testimony that the safety rule was enforced.
The MSC ruled that if a reasonable finder of fact
can't determine if either the runner or the driver were negligent, then the only proximate cause left in that chain of events was Swager, the governmental defendant, Desmond said.
"Although Hasbro makes several strong arguments about the limited nature of Plaintiff's 'concept' submission, the presence of similar techniques in the public domain, and its own independent product development activities, those arguments are not strong enough to support the grant of summary judgment and must be presented to the finder of fact
Substituting 'distinct' for 'separate,' as MedIdea urges, would do little to aid the finder of fact
in applying this term.
"The JSC as a trier and finder of fact
, needed to delve deeper into the allegations facing Abdalllah and balance the material availed by the Parties before retiring the claimant."
The appellate court acknowledged that King had argued that there was "adequate evidence to get to a finder of fact
that this damage was caused by vibration -- not settling," but said that was not the case here.
The appellate court determined that the use of the sales comparison approach coupled with testimony alleging noise, bright lights, and other disruptions were sufficient to potentially lead a finder of fact
to determine Toyo's operations were a nuisance and trespass.
Of the 437 cases that were disposed of in 2014, 321, or 73.5 percent, were resolved by guilty pleas; 52, or 11.9 percent, were tried before a jury; nine, or 2.1 percent, were jury-waived trials with a judge serving as the finder of fact
; and 55, or 12.5 percent, were either dismissed or nol prossed.
[W]hat the finder of fact
is asked to determine is not whether the defendant did it, but whether the proposition that the defendant did it is established, to the required degree of proof, by the admissible evidence presented; in other words--subject to the legal constraints signaled by the phrases "to the required degree of proof' and "admissible evidence"--to make an epistemological appraisal.
Accordingly, although the Hospital may have won the battle in having the District Court's order granting summary judgment reversed by the Supreme Court of Nebraska, there is no guarantee that a finder of fact
will view the evidence any different than the District Court.