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While revokable offer to bilateral contract may be revoked at any time prior to acceptance, that revocation or rejection is effective at moment of receipt, but acceptance is effective upon dispatch.
Reggie offered Harriet $200 for a 30-day option to buy Harriet's land, Grandvale, for $10,000. As Harriet knew, Reggie, ... | I and III only |
A unilateral contract is a contract in which “performance is based on the wish, will, or pleasure of one of the parties.” Cook v. Coldwell Banker, 967 S.W.2d 654, 657 (Mo.App. E.D.1998).
Reggie offered Harriet $200 for a 30-day option to buy Harriet's land, Grandvale, for $10,000. As Harriet knew, Reggie, if granted t... | Unilateral contract |
a party must prove the existence of a contract by showing that: “(1) there was a meeting of the minds; (2) there was an offer and acceptance; (3) there was consideration; and, (4) there was certainty in the terms of the agreement.” See id. at *3 (citation omitted).
Reggie offered Harriet $200 for a 30-day option to bu... | I, II, and III |
The Equal Protection Clause is essentially a requirement that all persons similarly situated should be treated alike.
nan
Realco Realtors acquired a large tract of land upon which Realco developed a mobile home subdivision. The tract was divided into 60 lots, appropriate utilities were installed, and a plat of the en... | enforcement of the restriction is considered a violation of the equal protection clause of the Fourteenth Amendment to the United States Constitution |
The Constitution gave the power of appointing federal officers, including ambassadors, judges, and other officials, to the President along with the advice and consent of the Senate. The President nominates the officials and the nominations move to the Senate for the confirmation process.
The Federal Automobile Safety ... | the Commission lacks authority to enforce its standards because not all of its members were appointed by the President |
Under the Appointments Clause, which prescribes the exclusive means of appointing Officers of the United States, only the President, a court of law, or a head of department can do so, and only the President, with the advice and consent of the Senate, can appoint a principal officer, but Congress, instead of relying on ... | allow the Commission to continue investigating automobile safety and making recommendations to Congress |
Article III states that these judges “hold their office during good behavior,” which means they have a lifetime appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
nan
In 1963 Hobson ... | grant the motion, because Hobson was not a judge under Article III and is not entitled to life tenure |
Unlike its original jurisdiction, the appellate jurisdiction of the Supreme Court is subject to “exceptions and regulations” prescribed by Congress, and the jurisdiction of the inferior federal courts is subject to congressional prescription. Additionally, Congress has power to regulate modes and practices of proceedin... | Under Article III, Congress may restrict the jurisdiction of the federal courts. |
Application of the Privileges and Immunities Clause to a particular instance of discrimination against out-of-state residents entails a two-step inquiry. As an initial matter, the court must decide whether the ordinance burdens one of those privileges and immunities protected by the Clause. Baldwin v. Montana Fish and ... | The courts, not Congress, have the primary responsibility for defining the minimum requirements of the equal protection clause of the Fourteenth Amendment. |
Anti-assignment clauses, such as this one, are routinely enforced. Conoco, Inc. v. Republic Ins. Co., 819 F.2d 120, 123 (5th Cir.1987); Tex. Farmers Ins. Co. v. Gerdes, 880 S.W.2d 215, 218 (Tex.App.-Fort Worth 1994, writ denied). These clauses are enforceable unless rendered ineffective by an applicable statute, estopp... | Stretch's assignment was a breach of its contract with Sartorial but was nevertheless effective to transfer to Finance Company Stretch's rights against Sartorial. |
A covenant against the assignment of a lease without the owner's consent applies to voluntary assignments and does not include transfers or assignments by operation of law, such as transfers in bankruptcy, execution sales, receiver's sales, and other transfers in the interests of creditors or lienholders.
Sartorial, I... | Stretch is liable to Finance Company for $5,000. |
An incidental beneficiary is one “who will be benefited by performance of a promise but who is neither a promisee nor an intended beneficiary.” Only donee and creditor beneficiaries have enforceable rights under a contract.
Sartorial, Inc., a new business enterprise about to commence the manufacture of clothing, enter... | Neither I nor II |
“Generally, the buyer in a requirements contract governed by UCC § 2-306(1) is required merely to exercise good faith in determining his requirements and the seller assumes the risk of all good faith variations in the buyer's requirements even to the extent of a determination to liquidate or discontinue the business.” ... | Sartorial ceased in good faith to have any further requirements for elasticized fabric. |
Compelling defendant to give handwriting sample did not violate his rights against self-incrimination under either Fifth Amendment or section of State Constitution providing that no person “shall be compelled to give evidence against himself”; handwriting sample is not communication by itself, but rather, is physical c... | admissible |
“We afford the trial court wide latitude in sentencing and, generally, ‘will reverse a trial court's sentencing decision only if it is an abuse of the judge's discretion.’ ” State v. Bluff, 2002 UT 66,¶ 66, 52 P.3d 1210 (citation omitted). Trial courts abuse their discretion “when [they] fail [ ] to consider all legall... | was not in error |
When the government expressly classifies persons on the basis of race or national origin, however, its action is “ ‘immediately suspect.’ ” Johnson v. California, 543 U.S. 499, 125 S.Ct. 1141, 1148, 160 L.Ed.2d 949 (2005) (quoting Shaw v. Reno, 509 U.S. 630, 642, 113 S.Ct. 2816, 125 L.Ed.2d 511 (1993)). A plaintiff in ... | the State Bar Association is an agency of the state and its payment of dues to such private clubs promotes discrimination on the basis of race, religion, and sex |
“[F]ederal jurisdiction demands not only a contested federal issue, *1010 but a substantial one, indicating a serious federal interest in claiming the advantages thought to be inherent in a federal forum.” Singh, 538 F.3d at 338.
All lawyers practicing in the state of Erewhon must be members of the State Bar Associati... | Hear the case on the merits, because a federal claim is presented. |
To properly plead breach of contract, “[t]he complaint must identify the specific provision of the contract allegedly breached by the defendant.” Donohue v. Apple, Inc., 871 F.Supp.2d 913, 930 (N.D.Cal.2012) (citing Progressive West Ins. Co. v. Super. Ct., 135 Cal.App.4th 263, 281, 37 Cal.Rptr.3d 434 (2005)).
nan
In ... | not succeed, because on March 12 Adams had told Dawes that he had sold the automobile to Clark |
The elements of fraudulent misrepresentation are: 1) a false material representation; 2) the speaker's knowledge of the falsity of the misrepresentation or ignorance of the truth; 3) the speaker's intent that the hearer act upon the misrepresentation in a manner reasonably contemplated; 4) the hearer's ignorance of the... | No, unless Carver told Page that the stock was not worth more than $6 a share. |
“(g) If the definition of a crime prescribes a culpable mental state with regard to a particular element or elements of that crime, the prescribed culpable mental state shall be required only as to specified element or elements, and a culpable mental state shall not be required as to any other element of the crime unle... | not guilty, because he did not intend to steal |
Mens rea is an essential element of a crime. See Ward v. State, 271 Ga. 648, 653, 520 S.E.2d 205 (1999); Bacon v. State, 209 Ga. 261, 263, 71 S.E.2d 615 (1952). Thus, the commission of a crime requires “a joint operation of an act or omission to act [or actus reus] and intention or criminal negligence [or mens rea].” O... | not guilty, because he did not intend to steal |
A criminal conspiracy is an agreement between two or more persons to accomplish an unlawful purpose. United States v. Dellosantos, 649 F.3d 109, 115 (1st Cir. 2011). To convict defendant of conspiracy in violation of 21 U.S.C. § 846, the government was required to prove that “(1) a conspiracy existed, (2) the defendant... | not guilty, because Adams and Bennett did not intend to steal |
Every crime has a set of elements that the prosecuting attorney must prove in order to establish the defendant's guilt. One of these elements typically has to do with the defendant's mental state. Usually, prosecutors must show that the defendant acted intentionally or knowingly. But, with strict liability crimes, the ... | A state statute making the sale of adulterated milk a misdemeanor |
Such relationships (those that impose a duty of care) may arise by operation of law (e.g. master-servant), by agreement, or may be imposed by law in particular fact circumstances. Each of these relationships involves the essential determination as a matter of policy that the claimed supervisor has some duty of care eit... | No, unless Dugan or his employees failed to exercise reasonable care to assure Bobby's safety. |
An “assault” is an attempt or offer, with force or violence, to inflict bodily harm on another or engage in some offensive conduct. In re McGee, 278 S.C. 506, 507, 299 S.E.2d 334, 334 (1983); Gathers v. Harris Teeter Supermarket, Inc., 282 S.C. 220, 230, 317 S.E.2d 748, 754–755 (Ct.App.1984) ( “[A]n assault occurs when... | not recover if Denton took no action that threatened immediate physical harm to Prout |
To prove a claim for the intentional infliction of emotional distress, a plaintiff must establish the following elements: “that the defendant's conduct was (1) intentional or reckless, (2) so outrageous that it is not tolerated by civilized society, and (3) resulted in serious mental injury to the plaintiff.” Rogers v.... | recover if Prout suffered severe emotional distress as a consequence of Denton's conduct |
“The award of nominal damages is appropriate when there is a clear invasion of a legal right ... but no finding of a compensable injury.” Id., at 769, 778 A.2d 246. “Nominal damages are awarded when the insignificant character of the defamatory matter, or the plaintiff's bad character, leads the jury to believe that no... | $9,000 minus what it cost Hardsell to purchase the car from the manufacturer |
Scope and rationale. Historically, the law recognized three defeasible fee simple estates: (1) the fee simple determinable; (2) the fee simple subject to a condition subsequent; and (3) the fee simple subject to an executory limitation. Continued differentiation among these subcategories is no longer useful, because th... | the right to take minerals is an incident of a defeasible fee simple |
Scope of the Easement
Scope of the easement refers to how the easement can be used which is determined by the type of easement.
The scope of express easements are limited to the terms of the easement
The scope of an implied easement is determined by existing use is limited to how the land was used before that easement... | the original installation by United Utility defined the scope of the easement |
Where it appears by the record that the judgment of the State court might have been based either upon a law which would raise a question of repugnancy to the Constitution, laws, or treaties of the United States, or upon some other independent ground; and it appears that the court did, in fact, base its judgment on such... | Reverse the state supreme court decision with respect to the equal protection clause of the federal Constitution and remand the case to the state supreme court for further proceedings, because the state and federal constitutional issues are so intertwined that the federal issue must be decided so that this case may be ... |
A cause of action for defamation arises out of a violation of Louisiana Civil Code article 2315 and involves the invasion of a person's interest in his or her reputation and good name. See Fitzgerald v. Tucker, 98–2313 (La.6/29/99), 737 So.2d 706, 715. In order to prevail on a defamation action, a plaintiff must prove... | not prevail, unless one or more of the other students understood Russian. |
Unjust enrichment is defined as the unjust retention of “ ‘money or benefits *48 which in justice and equity belong to another.’ ” McCreary v. Shields, 333 Mich. 290, 294, 52 N.W.2d 853 (1952) (citation omitted). “No person is unjustly enriched unless the retention of the benefit would be unjust.” Buell v. Orion State ... | Irrevocable waiver of condition. |
An easement is a limited, nonpossessory interest in the land of another that can be created expressly, see Cheever v. Graves, 32 Mass.App.Ct. 601, 605–606, 592 N.E.2d 758 (1992), by prescription, see G.L. c. 187, § 2 (easement by prescription), or by implication, see Kitras I, 64 Mass.App.Ct. at 291, 833 N.E.2d 157.
n... | Joe, because he has the easement granted by Frank to Sam. |
The elements of proximate cause are cause in fact and foreseeability. See Doe v. Boys Club of Greater Dallas, Inc., 907 S.W.2d 472, 477 (Tex.1995). Cause in fact means that the act or omission was a substantial factor in bringing about the injury, and without it harm would not have occurred. See Travis v. City of Mesqu... | prevail, because Donald knew that the cake would be harmful or offensive to Peter. |
Thus, the party claiming ownership by adverse possession must prove that the following five elements existed concurrently for 20 years: “(1) continuous, (2) hostile or adverse, (3) actual, (4) open, notorious, and exclusive possession of the premises, (5) under claim of title inconsistent with that of the true owner.” ... | the ten-foot strip of Greenacre but not to Whiteacre. |
“What constitutes a plain, speedy, and adequate remedy depends on the facts of the case and rests within the sound discretion of the court in which the writ is sought.” “Whether there is a plain, speedy, and adequate remedy in the ordinary course of the law is a question left to the discretion of the court in which the... | Yes, because Alice's remedy at law is inadequate. |
Finally, plaintiffs argue that the trial court erroneously concluded that their nuisance claim was without merit. To support their claim of private nuisance, plaintiffs were required to show that (1) defendants interfered with the use or enjoyment of their property rights and privileges; (2) defendants' invasion of th... | a private nuisance. |
Fed. R. Evid. 803(6) requires that a record be "kept" in the course of a regularly conducted business activity. This requirement ordinarily presents no problem. If the record sought to be introduced was found in the files of a business, then it was, obviously, kept by the business. If it pertains to the operation of th... | inadmissible, because the records must be produced in order to prove their contents. |
. . . the common-law doctrine of joint and several liability. This doctrine provides, as a general matter, “that when two or more defendants tortiously contribute to the same, indivisible injury, each defendant may be held jointly and severally liable for the entire injury.” Best v. Taylor Machine Works, 179 Ill.2d 367... | $60,000, and then D-l can collect $30,000 from D-2. |
As stated, there is no dispute that a joint tenancy with right of survivorship was created. Under New York law, a “joint tenancy is an estate held by two or more persons jointly, with equal rights to share in its enjoyment during their lives, and creating in each joint tenant a right of survivorship” (24 NY Jur.2d, Co... | no lien, because Hal's death terminated the interest to which Tent's lien attached. |
We conclude that although a defendant can open the door with statements made during either direct or cross-examination, and a defense witness can open the door on direct-examination, a defense witness cannot inadvertently open the door on cross-examination. Under Rule 404(a)(1), M.R.Evid., only the accused can “open th... | excluded, because Darrow's cheating can be inquired into only on crossexamination of Goode. |
This court has noted “[t]here is no more fundamental right in the United States than the right to a jury trial.” State v. Larraco, 32 Kan.App.2d 996, 999, 93 P.3d 725 (2004). There can be little doubt, therefore, that the consideration of the denial of a right to a jury trial is necessary to prevent the denial of a fun... | The judge did not determine whether Miller understood that he had a right to jury trial. |
It is a defense to a prosecution that an actor through mistake formed a reasonable belief about a matter of fact if his or her mistaken belief negated the kind of culpability required for commission of the offense.
nan
Sally told Michael she would like to have sexual intercourse with him and that he should come to he... | not guilty, because he did not intend to have intercourse with a girl under the age of 16. |
Recording a deed perfects delivery. See Candlewood Lake Assn. v. Scott, 10th Dist. Franklin App. No. 01AP–631, 2001-Ohio-8873 [2001 WL 1654288]. However, “a deed does not have to be recorded to pass title. Whether or not recorded, a deed in Ohio passes title upon its proper execution and delivery, so far as the granto... | I, II, and III. |
The elements of involuntary manslaughter are as follows: (i) the unlawful killing: (ii) of a human being; (iii) without malice; (iv) through either: (a) the commission of an unlawful act not amounting to a felony; or (b) while committing a lawful act in an unlawful manner, or without due caution and circumspection, whi... | the collision would have occurred even if Parnell had not been intoxicated. |
For Rule 804(b)(3) to apply, the proponent of an inculpatory hearsay statement must show: (1) that the declarant is unavailable to testify at trial; (2) that the statement was against the declarant's penal interest when made; and (3) that corroborating circumstances clearly suggest that the statement is trustworthy. Un... | admissible as evidence of a statement against interest by Melville. |
Moreover, when negotiating the terms, the acceptance of the final offer must be substantially as made; if the purported acceptance includes conditions or differing terms, it is not a valid acceptance—it is a counteroffer and will not bind the parties. See Harper Bldg. Co. v. Kaplan, 332 Mich. 651, 655–656, 52 N.W.2d 53... | Under the terms of Koolair's offer, Hotz's attempted acceptance was ineffective. |
Instead, they argue that a South Bend ordinance required Radman to maintain the handrail and that Radman therefore owed them a duty under the doctrine of negligence per se. Under that doctrine, the unexcused violation of a statute or ordinance constitutes negligence per se if the provision (1) “protect[s] the class of ... | No, if prevention of traffic accidents was not a purpose of the ordinance. |
Unless a contract expressly states so, or unless there is otherwise shown to be a clear indication of intent, time is not ordinarily considered to be of the essence in the performance of a contract. Gault v. Branton, 222 Miss. 111, 75 So.2d 439, 445 (1954); Lee v. Schneider, 822 So.2d 311, 314 (Miss.Ct.App.2002). We no... | Yes, because time is ordinarily not of the essence in a land-sale contract. |
The ideal would be for us to forge a hard and fast rule alerting litigants that, in all situations in which a settlement agreement is silent as to the date of performance, a “reasonable time” for the completion of one's settlement obligations is “x” number of days. However, it is not that simple. If the terms of the se... | $2,500 only (the fair rental value of Greenacre for 15 days). |
To prove assumption of risk, a defendant must show “1) that the plaintiff had actual or constructive knowledge of the existence of the specific risk involved; 2) that the plaintiff appreciated the risk's character; and 3) that the plaintiff voluntarily *776 accepted the risk, having had the time, knowledge, and experie... | Venture prevails, because Bildko assumed the risk of encountering subsurface granite that was unknown to Venture. |
A strict liability crime is “[a]n offense for which the action alone is enough to warrant a conviction, with no need to prove a mental state; specif[ically] a crime that does not require a mens rea element, such as traffic offenses....” Crime, Strict-Liability Crime, Black's Law Dictionary (10th ed. 2014).
Morten was ... | guilty, because he hired the children. |
Principals are strictly liable for their agents' acts—even if the agents are not employees—if the principals authorize or ratify the acts or even just create an appearance that the acts are authorized.
Morten was the general manager and chief executive officer of the Woolen Company, a knitting mill. Morten delegated a... | incorrect, because he was in a position to exercise control over the hiring of employees for Woolen Company. |
A bid is the equivalent of an offer to buy the property, and no contract is formed until the auctioneer manifests final acceptance of the bid.
Mural, a wallpaper hanger, sent Gennybelle, a general contractor, this telegram: Will do all paperhanging on new Doctors' Building, per owner's specs, for $14,000 if you accept... | Gennybelle had been required by the owner to submit a bid bond and could not have withdrawn or amended her bid on the main contract without forfeiting that bond. |
It may be pointed out that, in repudiating its sub-bid by its letter of September 14, 1955, Ahern did not rely upon any alleged infirmity in the school district's action on the heating and ventilating sub-bids. If this contention, never made until 1957 after the school building was completed, had been advanced in 1955,... | Before submitting her own bid, Gennybelle had reason to suspect that Mural had made a computational mistake in figuring his sub-bid. |
The subsequent land contract omits the zoning ordinance exception contained in the preliminary purchase agreement.6 The preliminary purchase agreement was merged into, and superseded by, the land contract.7 Even if this were not so, such an exception ought not extend to a situation where as a result of the conveyance c... | the agreement was oral. |
Mississippi follows the “comparative negligence doctrine,” which measures negligence “in terms of percentage, and any damages allowed shall be diminished in proportion to amount of negligence attributable to the person for whose injury, damage or death recovery is sought.” Meka, 67 So.3d at 23 (¶ 15) (citations omitted... | from Davis and Jones, jointly and severally, the amount of damages Peters suffered reduced by the percentage of the total negligence that is attributed to Peters. |
The elements for a claim of intentional trespass are: “(1) an invasion affecting an interest in the exclusive possession of property; (2) an intentional doing of the act *401 which results in the invasion; (3) reasonable foreseeability that the act done could result in an invasion of plaintiff's possessory interest; an... | Judgment for Penstock for nominal damages, because Drury intentionally used the channel. |
When a matter goes to trial, the specific training and experience of a potential expert witness can be explored on the record so that the trial court may ascertain whether that witness qualifies as an expert in the field at issue. See Rittenhouse v. Hanks, 2001 PA Super 153, 777 A.2d 1113 (2001) (qualification of exper... | the judge, without regard to the hearsay rule. |
“Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.” To establish a claim for conversion, the plaintiff must prove (1) that she had a posse... | general contract rules regarding consideration apply to real estate contracts. |
In “reckless” or “universal malice” murder, “the defendant evinces a culpable mind, determined to act no matter what the consequences to others. He must have determined to follow a course of action which he knows, or should know, will, in all probability, lead to harm to another.” Napier v. State, 357 So.2d 1011, 1014 ... | affirm the conviction, as the evidence is sufficient to support a conviction of murder. |
Res ipsa loquitur is a doctrine addressed to those situations where the facts or circumstances accompanying an injury by their very nature raise a presumption of negligence on the part of [the] defendant.” Bowlin v. Duke Univ., 108 N.C.App. 145, 149, 423 S.E.2d 320, 322 (1992). The doctrine of res ipsa loquitur, “ ‘in ... | denied, because, given Defendant's evidence, the jury was not required to draw an inference of negligence from the circumstances of the accident. |
Accordingly, tenants are necessary parties to a foreclosure action (see 6820 Ridge Realty v. Goldman, 263 A.D.2d 22, 25, 701 N.Y.S.2d 69; Polish Natl. Alliance of Brooklyn v. White Eagle Hall Co., 98 A.D.2d 400, 404, 470 N.Y.S.2d 642).
nan
Adam owns his home, Blackacre, which was mortgaged to Bank by a duly recorded ... | Vend, because the inserts are removable. |
While continuing to argue that the advice of defendant's civil attorney was irrelevant, the state conceded that good-faith reliance on the advice of counsel could be relevant to the issue of intent when intent is an element of the charged crime. The state did argue that if defendant's attorney's advice was, for instanc... | acquitted, because he lacked a necessary mental element of the crime. |
[A] program violates the Establishment Clause when it allows or requires “the government itself ... through its own activities and influences” to advance or inhibit religion. Madison v. Riter, 355 F.3d 310, 318 (4th Cir.2003) (quoting Corporation of Presiding Bishop v. Amos, 483 U.S. 327, 337, 107 S.Ct. 2862, 97 L.Ed.2... | the new, narrower exemption from the state sales tax law violates the establishment clause of the First and Fourteenth Amendments by granting preferential state support to recognized religious faiths for the communication of their religious beliefs. |
NRS 48.015 “Relevant evidence” defined. As used in this chapter, “relevant evidence” means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.
nan
Defendant was charged with possession o... | admitted, as evidence of Defendant's close connection with the car and, therefore, knowledge of its contents. |
The Constitution provides that the judicial power of the United States shall be vested in one Supreme Court and such inferior courts as the Congress shall from time to time ordain and establish. The same instrument, in the last clause of the same article, provides that in all cases other than those of original jurisdic... | Congress may not exercise its authority over the appellate jurisdiction of the Supreme Court in a way that seriously interferes with the establishment of a supreme and uniform body of federal constitutional law. |
“The elements of intentional infliction of emotional distress are (1) extreme and outrageous conduct; (2) the intent to cause, or the disregard of a substantial likelihood of causing, severe emotional distress; (3) causation; and (4) severe emotional distress” (Klein v. Metropolitan Child Servs., Inc., 100 A.D.3d 708, ... | No, if Perkins did not suffer emotional distress that was severe. |
To prevail on an action for fraudulent misrepresentation, a plaintiff must establish: “(1) a false statement concerning a material fact; (2) the representer's knowledge that the representation is false; (3) an intention that the representation induce another to act on it; and (4) consequent injury by the party acting i... | No, because Perkins suffered no pecuniary loss. |
Cross-examination for accomplish impeachment is not limited to questions about prior crimes or like misconduct; rather, even where proof falls outside conventional category of immoral, vicious, or criminal acts, it may be proper subject for impeachment questioning where it demonstrates untruthful bent or significantly ... | admissible, as proper impeachment of Wagner. |
For there to be a valid boundary-line agreement, certain factors must be present: (1) there must be an uncertainty or dispute about the boundary line; (2) the agreement must be between the adjoining landowners; (3) the line fixed by the agreement must be definite and certain; (4) there must be possession following the ... | win, because one tenant in common cannot bind another tenant in common to a boundary line agreement. |
The indictment alleged that appellant committed aggravated assault by making “an assault upon the person of Bruce Neave, with a shotgun, a deadly weapon.” The evidence used to prove that appellant perpetrated the aggravated assault of Bruce Neave, that he assaulted him with the shotgun, was used to establish that appel... | Defendant struck Victim in the face with a baseball bat, intending to inflict a serious injury. Victim died after being hospitalized for three days. Defendant is charged with murder. |
The Code defines usage of trade as “any practice or method of dealing having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question.” Id. s 490:1-205(2) (emphasis supplied). We understand the use of the word “or” to m... | For many years in the soft-drink industry, it has been uniform practice for distributors to handle only one brand of cola. |
The preference in Wisconsin is to enforce contracts agreed to by competent and intelligent parties. Abbott v. Marker, 2006 WI App 174, ¶ 6, 295 Wis.2d 636, 722 N.W.2d 162. However, if a contract violates a statute, a rule of law or public policy, courts will not enforce the contract. See id. “A contract is considered ... | Freund's promise is enforceable by Tuff whether or not Tuff gave Freund seasonable notice of the extension of credit to Wrench. |
For Rule 804(b)(3) to apply, the proponent of an inculpatory hearsay statement must show: (1) that the declarant is unavailable to testify at trial; (2) that the statement was against the declarant's penal interest when made; and (3) that corroborating circumstances clearly suggest that the statement is trustworthy. Un... | a statement against interest. |
“[A]n unsigned contract may be enforceable, provided there is objective evidence establishing that the parties intended to be bound.” Id. at 369, 795 N.Y.S.2d 491, 828 N.E.2d at 597.
nan
Slalome, a ski-shop operator, in a telephone conversation with Mitt, a glove manufacturer, ordered 12 pairs of vortex-lined ski glo... | Yes, because Mitt's faxed memo to Slalome was sufficient to make the agreement enforceable. |
A declarant’s statement about past or current causes, symptoms, or conditions, when made for the purpose of medical diagnosis or treatment, is not barred by the hearsay rules.
nan
An issue in Parker's action against Daves for causing Parker's back injury was whether Parker's condition had resulted principally from a ... | admitted, because it is a statement made for purposes of medical diagnosis or treatment. |
Larceny is a common law crime and is defined as “the wrongful or fraudulent taking of another's property without his permission and with the intent to permanently deprive the owner of that property.” Britt v. Commonwealth, 276 Va. 569, 574, 667 S.E.2d 763, 765 (2008). Grand larceny is a form of larceny that “includes *... | larceny. |
The concept of mutuality of obligation requires that both parties to a contract be bound by the terms of the contract. See, e.g., Floss, 211 F.3d at 315–16. It goes hand in hand with the concepts of “consideration” and the “illusory promise” (which is basically an empty promise: promising to do one thing while, at the ... | Yes, because Buyer's promise to buy, bargained for and made in exchange for Shareholder's promise to sell, was good consideration even though it was expressly conditioned on an event that was not certain to occur. |
Thus, in order to successfully assert a claim for detrimental reliance, a plaintiff must establish: “(1) a representation by conduct or word; (2) justifiable reliance; and (3) a change in position to one's detriment because of the reliance.” **11 Luther v. IOM Co. LLC, 13–353, pp. 10–11 (La.10/15/13), 130 So.3d 817, 82... | Yes, because the condition of Conglomerate's approval of the contract, being designed to protect only Buyer and Conglomerate, can be and has been waived by those entities. |
If the communication is neither misleading nor related to unlawful activity, the government's power is more circumscribed. The State must assert a substantial interest to be achieved by restrictions on commercial speech. Moreover, the regulatory technique must be in proportion to that interest. The limitation on expres... | No, because there is not a reasonable fit between the legitimate interest of City in preserving the aesthetics of its sidewalks and streets and the means it chose to advance that interest. |
[W]e have held that the right to publish is central to the First Amendment and basic to the existence of constitutional democracy. Grosjean, supra, at 250, 56 S.Ct. at 449; New York Times, supra, 376 U.S. at 270, 84 S.Ct. at 720.
A corollary of the right to publish must be the right to gather news. The full flow of i... | The fact that the statute only prohibits public access to these official state records and does not prohibit the publication of information they contain that is in the possession of private persons. |
In this case, petitioner alleges race discrimination in the prosecution's use of peremptory challenges. Invoking the Equal Protection Clause and federal statutory law, and relying upon well-established principles of standing, we hold that a criminal defendant may object to race-based exclusions of jurors effected thro... | reverse the conviction, because racially based peremptory challenges violate equal protection of the law. |
Nor do we know of any reason why Congress may not, if it deems it in the national interest, authorize the states to place similar restraints on movement of articles of commerce. And the provisions looking to state cooperation may be sufficient to warrant the state in imposing regulations approved by the federal authori... | Yes, because Congress has authorized this form of regulation by Redville and, therefore, removed any constitutional impediments to it that may have otherwise existed. |
(“[I]t is one of the essential properties of a lease that its duration shall be for a determinate period, shorter than the duration of the estate of the lessor, hence the estate demised is called a ‘term’, and necessarily implies a reversion. If the entire interest of the lessor is conveyed, in the whole or a portion o... | Ron, because Trent's occupation was attributable to Ron, and Lois died 11 years ago. |
“Personal knowledge,” as required for lay witness testimony to be admissible, is a present recollection of an impression derived from the exercise of the witness's own senses. Cal. Evid. Code § 702(a).
nan
Plaintiff sued Defendant for injuries suffered in a car accident allegedly caused by brakes that had been neglig... | admissible, because Plaintiff had personal knowledge of the shoe's condition. |
To constitute a valid tender under an executory contract for the sale of chattels, the law only requires such acts as are practicable according to he character of the thing tendered and the nature of the business; if the articles are ponderous and bulky, a manual delivery is unnecessary.
nan
Which of the following st... | Fixtures has no duty to deliver the 25 sets on March 1 at Fixtures' place of business unless Apartments tenders the contract price for the 25 sets on that date. |
. . . [T]he Court will not consider a federal law issue on direct review from a state-court judgment if that judgment rests on a state-law ground that is both “independent” of the federal claim's merits and an “adequate” basis for the court's decision.
nan
Agitator, a baseball fan, has a fierce temper and an extremel... | dismiss the writ as improvidently granted, because the state supreme court's decision rests on an independent and adequate state law ground. |
To frame this issue, we begin with K.S.A. 2015 Supp. 21–5402(a), which defines murder in the first degree as “the killing of a human being committed: (1) Intentionally, and with premeditation.” The jury was properly instructed that to prove premeditation the State had to show Seba had “thought the matter over beforehan... | murder in the first degree, because, with premeditation and deliberation, he killed whoever would start the car. |
The Kansas Supreme Court reversed and remanded for many of the same reasons stated in the Washington decision. The provisions of Restatement (Second) of Torts §§ 315, 319 and 320 (1977), were deemed applicable, and the discretionary function exception of the KTCA was held not to be applicable. The court stated the foll... | prevail, if Hospital failed to use reasonable care to protect Patient from such conduct. |
A regulation is content neutral if it applies regardless of the speech's message. Content-neutral regulations are reviewed under intermediate scrutiny, which is easier to satisfy than strict scrutiny.
Intermediate scrutiny allows reasonable and content-neutral time, place, or manner regulations (Lebron v. Nat'l R.R. Pa... | constitutional, because they do not prohibit adult entertainment everywhere in King City, and the city has a substantial interest in keeping the major part of its commercial center free of uses it considers harmful to that area. |
This Court consistently has held that some form of hearing is required before an individual is finally deprived of a property interest. Wolff v. McDonnell, 418 U.S. 539, 557-558, 94 S.Ct. 2963, 2975-2976, 41 L.Ed.2d 935 (1974). See, e. g. Phillips v. Commissioner of Internal Revenue, 283 U.S. 589, 596-597, 51 S.Ct. 608... | John's inability to cross-examine his accusers denied him a fair hearing and caused him to be deprived of his barber license without due process of law. |
“The express terms of an agreement and an applicable course of dealing or usage of trade shall be construed wherever reasonable as consistent with each other; but when such construction is unreasonable express terms control both course of dealing and usage of trade and course of dealing controls usage of trade.” Id. s ... | A usage in the relevant trade allows computer sellers a 30-day leeway in a specified time of delivery, unless the usage is expressly negated by the contract. |
An adoptive admission is one “made in the presence of the defendant to which the defendant's response—whether by oral declaration, by gesture, or by revealing silence—objectively denotes the defendant's acceptance of the statement.” Commonwealth v. Stewart, 450 Mass. 25, 34, 875 N.E.2d 846 (2007), *795 quoting **64 Com... | admissible as Defendant's adoption of Seller's statement. |
However, prior inconsistent statements by a witness are generally admissible for impeachment purposes. People v. Johnson, 2012 IL App (1st) 091730, ¶ 68, 373 Ill.Dec. 1, 993 N.E.2d 1.
nan
At Defendant's trial for sale of drugs, the government called Witness to testify, but Witness refused to answer any questions abou... | inadmissible, because it is hearsay not within any exception. |
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