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“[T]he questions of the reasonableness of a defendant's belief that self-defense is necessary and of the reasonableness of the actions taken in self-defense do not call for an evaluation of the defendant's subjective state of mind, but for an objective evaluation of the defendant's assertedly defensive acts. California... | prevail only if a reasonable person under the circumstances would have believed that Bill would attack him |
“Contributory negligence” is defined as conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which is the legally contributing cause, cooperating with the negligence of the defendant, in bringing about the plaintiff's harm.
Section 1 of the Vehicle C... | It may be considered by the trier of the facts on the issue of Driver's liability. |
A statute's violation is deemed negligence per se if the claimed injury (a) was caused by the law's violation, (b) was of the type intended to be prevented by the statute, and (c) the injured party was a member of the class meant to be protected by the statute.
Section 1 of the Vehicle Code of State makes it illegal t... | prevail, because the probable purpose of Section 2 of the Vehicle Code of State was to safeguard pedestrians in using crosswalks |
An invasion-of-privacy claim protects against four types of invasion of privacy: “(1) intrusion upon the plaintiff's seclusion or solitude or into his private affairs; (2) public disclosure of embarrassing private facts about the plaintiff; (3) publicity that places the plaintiff in a false light in the public eye; and... | granted, because Green's privacy was unreasonably invaded |
“Murder” is the killing of one human being by another with the requisite malevolent state of mind and without justification, excuse, or mitigation.
nan
Tom had a heart ailment so serious that his doctors had concluded that only a heart transplant could save his life. They therefore arranged to have him flown to Big C... | guilty |
The crime of attempt is complete when the intent to commit the underlying crime is coupled with sufficient acts to demonstrate the improbability of free will desistance; the actual intervention of an extraneous factor is not a “third element” of the crime of attempt, although it is often part of the proof. See id. at 3... | Believing that state law made it a crime to purchase codeine without a prescription, Defendant purchased, without a prescription, cough syrup containing codeine. Unknown to Defendant, the statute had been repealed and codeine could be legally purchased without a prescription. Defendant is charged with attempting to pur... |
(a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to: (1) make those procedures effective for determining the truth; (2) avoid wasting time; and (3) protect witnesses from harassment or undue embarrassment. (b) ... | "Isn't it true that you are known in the community as "Louie the Lush" because of your addiction to alcohol?" |
The Self–Incrimination Clause of the Fifth Amendment to the United States Constitution provides that “[n]o person ... shall be compelled in any criminal case to be a witness against himself.” U.S. Const. amend. V, cl. 2. To assert this privilege against self-incrimination, as an initial matter, a witness' fear of convi... | the judge believes that there is some reasonable possibility that she will incriminate herself |
Where a deed is delivered to a third person with instructions to deliver to the grantee named therein upon the happending of an event which is certain to occur, the title vests in the grantee upon the delivery in escrow, and is not derived through any contract other than the deed itself. An escrow is any written instru... | as the seller of real estate, he had an implied right to use the contract proceeds to clear the title being conveyed |
An unconscionable contract is one “which is so grossly unreasonable as to be unenforceable because of an absence of meaningful choice on part of one of the parties together with contract terms which are unreasonably favorable to the other party” (King v. Fox, 7 N.Y.3d 181, 191, 818 N.Y.S.2d 833, 851 N.E.2d 1184 [2006] ... | the actions and payments of Terrence are as consistent with his being a tenant as with an oral contract |
An “acceptance” is an “expression of the intent to accept the offer, by word, sign, writing or act, communicated or delivered to the person making the offer or the offeror's agent.” Garrison, 889 P.2d at 281. A party can demonstrate its acceptance by performing according to the terms of an offer or by accepting the co... | By an offeree's supplying information leading to arrest and conviction of an arsonist within the scope of the offer |
An offer lapses if not accepted within a “reasonable time,” whatever that might be. See A.G.E., Inc. v. Buford, 105 S.W.3d 667, 673 (Tex. App.—Austin 2003, pet. denied). “A reasonable period of time is usually shorter in cases of contract for oil and gas leases than in the instance of conventional land transaction for ... | either by lapse of a reasonable time or earlier by effective revocation |
Any act or communication that would cause a reasonable person to believe that an offer has been withdrawn or revoked is sufficient to constitute a withdrawal or revocation of the offer (no specific words or magic words are necessary). See Williston on Contracts § 5:8 (“In general, any statement which clearly indicates ... | in the same manner as made or by a comparable medium and frequency of publicity |
“unilateral contract” is one in which one party makes a unilateral offer to contract, which becomes a binding obligation if another party takes whatever actions are specified as conditions of acceptance.
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred in the City of Swelter. In early... | A series of daily unilateral contracts, Humongous exchanging an express promise to pay the daily rate for Gimlet's daily activity of investigating the store's arson |
Plaintiffs must establish four elements to prove the existence of a contract: “(1) identifiable parties capable of contracting; (2) their consent; (3) a lawful object; and (4) a sufficient cause or consideration.” Section 28–2–102, MCA.
During 1976 a series of arsons, one of which damaged the Humongous Store, occurred... | The city's offer was in the nature of a bounty, so that the elements of contract are not essential to the city's liability. |
Battery is defined as “the unprivileged touching or striking of one person by another, done with the intent of bringing about either a contact or an apprehension of contact, that is harmful or offensive.” PIK Civ.3d 127.02; see Laurent, 1 Kan. at *431. The gravamen of a civil assault and battery is grounded upon the ac... | Yes, because Grower intended that the dog frighten Wife. |
To establish assault, the following elements must be proved: (1) the defendant acted either with the intent of making a contact with the person of the plaintiff or with the intent of putting the plaintiff in apprehension of such a contact; (2) the plaintiff was placed in apprehension of an imminent contact with his or ... | Yes, if Husband reasonably believed that the dog might bite him. |
“In order to prevail on a cause of action for trespass, the plaintiff must establish: (1) an interference with a possessory interest in his property; (2) through the defendant's physical act or force against that property; (3) which was executed without his consent.” Id.
Husband and Wife, walking on a country road, we... | Yes, because Wife and Husband entered on his land without permission. |
The Equal Protection Clause of the Fourteenth Amendment commands that no state shall “deny to any person within its jurisdiction the equal protection of the laws,” U.S. Const. amend. XIV, which essentially is a direction that all persons similarly situated should be treated alike, Plyler v. Doe, 457 U.S. 202, 216, 102 ... | there is no rational basis for preferring as heirs collateral relatives and even the state over unacknowledged children, and, therefore, the law violates the equal protection clause |
Under the rational basis test, this court must determine whether (1) the legislation applies alike to all members within the designated class, (2) there are reasonable grounds to distinguish between those within and those without that class, and (3) the classification has a rational relationship to the proper purpose o... | its interest in promoting family life and in encouraging the formal acknowledgment of paternity gives the law a rational basis |
A possibility of reverter is “a future interest retained by a grantor after conveying a fee simple determinable, so that the grantee's estate terminates automatically and reverts to the grantor if the terminating event ever occurs.” BLACK'S LAW DICTIONARY 1284 (9th ed.2009).
nan
Alice conveyed Twinoaks Farm "to Barba... | a possibility of reverter |
a joint tenancy, by definition, “is an estate held by two or more people who ... are not husband and wife.” Sanderson v. Saxon, 834 S.W.2d 676, 678 (Ky.1992) (emphasis added). A tenancy by the entirety, on the other hand, “is an estate in land shared by husband and wife, whereby at the death of either the survivor is e... | prevail if, but only if, the cotenancy created in Celeste and Donald was a tenancy by the entirety |
Strict liability is established only with proof that the product reached the user or consumer without substantial change in the condition in which it was sold.1 Similarly, in order for the plaintiff to recover, he or she must show that the product was defective when it left the defendant's control.2
Thus, the possibili... | not recover, because the saw had been rebuilt by Storekeeper |
“The economic loss doctrine holds that absent tangible physical harm to persons or tangible things there is generally no duty to exercise reasonable care to avoid economic losses to others. Queen City Terminals, Inc. v. Gen. Am. Transp. Corp., 73 Ohio St.3d 609, 653 N.E.2d 661 (1995). These economic losses may be recov... | not recover, because economic loss from injury to an employee is not within the scope of Storekeeper's duty |
contributory negligence is a defense to a negligence claim in a product liability action
Storekeeper, the owner of a large hardware store, sells power saws for both personal and commercial use. He often takes old power saws as trade-ins on new ones. The old power saws are then completely disassembled and rebuilt with ... | recover unless Employee knew that the shaft was coming loose |
a strict liability products liability claim must establish “(1) the manufacturer's relationship to the product in question, (2) the unreasonably dangerous condition of the product, and (3) the existence of a proximate causal connection between the condition of the product and the plaintiff's injury.” Cintron v. Osmose ... | strict liability in tort |
Unless a seller has reason to expect otherwise, a seller is entitled to assume that its product will be put to a normal use, for the purpose intended, and it is a defense to an action for breach of warranty that the injury resulted from use of a product, ordinarily safe, in some unusual and unforeseeable way.
The defen... | the blade was being put to an improper use |
To prove voluntary manslaughter, the prosecution must prove that: (1) the defendant killed in the heat of passion; (2) the passion was caused by adequate provocation; and (3) **223 there was no lapse of time during which a reasonable person could have controlled his passions. People v. Sullivan, 231 Mich.App. 510, 518,... | Angered because his neighbor is having a noisy party, Defendant fires a rifle into the neighbor's house. The bullet strikes and kills a guest at the party. |
Discrimination claims under the dormant Commerce Clause require a two-step analysis. “ ‘[D]iscrimination’ simply means differential treatment of in-state and out-of-state economic interests that benefits the former and burdens the latter.” Or. Waste, 511 U.S. at 99, 114 S.Ct. 1345 (emphasis added). “[I]f a state law di... | The commerce clause |
An easement by implication arises where, during unity of title, a landowner imposes an apparently permanent and obvious servitude on part of his property in favor of another part and where, at the time of a later severance of ownership, the servitude is in use and is reasonably necessary for the enjoyment of that part ... | Breyer 's right must await the action of appropriate public authorities to open College Avenue as a public street, since no private easements arose by implication |
To create a public road by statutory dedication, two elements are required: (a) “a recorded plat designating the areas for public use, evidencing a clear intent by the plat proprietor to dedicate those areas to public use,” and (b) “acceptance by the proper public authority.” Kraus, 451 Mich. at 424, 547 N.W.2d 870.
M... | the recording of the plan is a dedication of the streets shown on the plan to public use |
Because use of the least restrictive means is determined in light of the specific interest asserted as compelling, we must ordinarily determine which government interest is compelling. See id. (requiring the state to use “[t]he least restrictive means of furthering that compelling governmental interest” (emphasis added... | The state would have to prove that it had a compelling need for this statute and that there were no less restrictive means by which it could satisfy that need. |
A party has standing to challenge the constitutionality of a statute only insofar as it has an adverse impact on his own rights.
John Doe, the owner of a milk container manufacturing firm, sought to focus public attention on the milk packaging law of the State of Clinton in order to have it repealed. On a weekday at 1... | A politician intending to make a campaign speech on the Capitol steps during a prohibited time |
The “designated public forum,” and its subset, the “limited public forum,” fall next along the spectrum. Id. at 142–43. A “designated public forum” is a place not traditionally open to public assembly and debate—a public school, for example—that the government has taken affirmative steps to open for general public disc... | constitutional both on its face and as applied to Doe |
When enforcing the First Amendment's prohibition on government interference with speech, we often begin by asking whether a regulation is content-based or content-neutral. Becerra, 138 S.Ct. at 2371. Content-based regulations “target speech based on its communicative content.” Id. (quoting Reed v. Town of Gilbert, 576 ... | The statute is constitutional on its face, but Doe could not constitutionally be punished under it for this speech. |
‘Broadly stated, equal protection of the laws means “that no person or class of persons shall be denied the same protection of the laws [that] is enjoyed by other persons or other classes in like circumstances in their lives, liberty and property and in their pursuit of happiness.” [Citation.]’ [Citation.].... Thus, ..... | Application of this statute to Doe denies him equal protection of the laws in violation of the Fourteenth Amendment. |
A record created by a third party which is adopted by a business may be admitted under the business record exception to the hearsay rule if certain criteria are met: (1) the record must be procured in the normal course of business; (2) the business must show that it relied on the record; and (3) there must be other cir... | admissible without production of the inquiry letter or the showing of its unavailability |
In the event that the original is unavailable, the party must provide a valid reason why. If the original document is not available, and the court finds the reason provided acceptable, then the party is allowed to use secondary evidence to prove the contents of the document and have it as admissible evidence.
Peri sue... | judge finds that the original letter is unavailable |
A defendant is liable for defaming a private person if he knowingly or recklessly publishes a false and disparaging communication concerning that person to a third party.
Photo, a free-lance photographer, took a Picture of Player in front of Shoe Store. Player was a nationally known amateur basketball star who had rec... | Yes, if Shoe Store was reckless in accepting Photo's statement that Photo had Player's approval. |
“right of publicity” signifies the right of an individual, especially a public figure or celebrity, to control the commercial value and exploitation of his name and picture or likeness and to prevent others from unfairly appropriating this value for commercial benefit.
Photo, a free-lance photographer, took a Picture ... | Yes, because Shoe Store, without Player's permission, used Player's picture for profit. |
To establish a claim for conversion, a plaintiff must prove that (1) the plaintiff owned or had possession of the property or entitlement to possession; (2) the defendant unlawfully and without authorization assumed and exercised control over the property to the exclusion of, or inconsistent with, the plaintiff's right... | the doctrine of equitable conversion applies |
“A condition precedent is an act or event, other than a lapse of time, which, unless the condition is excused, must occur before a duty to perform a promise in the agreement arises” (Oppenheimer & Co., 86 N.Y.2d at 690, 636 N.Y.S.2d 734, 660 N.E.2d 415 [internal quotation marks omitted]). An express condition -- that i... | The clause is a condition, but it will be interpreted to mean, "truthfulness to the best of my knowledge." |
Contingent beneficiary under life policy was not entitled to policy proceeds upon death of insured, where primary beneficiary, though disqualified from receiving proceeds by virtue of fact he had murdered insured, survived insured, and policy lacked specific provisions defining term contingent beneficiary.
In the appl... | Joan's reaching the age of 21 has legal significance only with respect to the time of payment. |
Intoxication instruction given in state homicide prosecution did not create unconstitutional presumption of premeditation insofar as it stated there was no presumption that intoxicated person was incapable of premeditation.
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks,... | intoxication is a defense to the underlying crime of burglary if Defendant, due to drunkenness, did not form an intent to commit a crime within the building, in which case there can be no conviction for murder unless Defendant intentionally and with premeditation killed the watchman |
Because DUI manslaughter is not a specific intent crime, but rather a general intent crime, voluntary intoxication is not a defense to DUI manslaughter.
Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped ails car in the middle of the street... | he was too intoxicated to realize he was creating a substantial and unjustifiable risking the manner in which he was operating his car |
a number of courts have concluded that a defendant’s prior drunk driving conviction(s), or attendance at educational programs highlighting the hazards of driving while intoxicated, evidence a defendant’s subjective understanding and conscious disregarding of the risk to human life created by driving while intoxicated. ... | conscious risk-taking refers to Defendant's entire course of conduct, including drinking with the knowledge that he might become intoxicated and seriously injure or kill someone while driving |
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 accepted the risk, having had the time, knowledge, and experienc... | No, if it appeared that there was no other practicable way of getting out of the lot before Monday. |
“'The elements of false imprisonment are (1) an act committed with the intention of confining another; (2) the act directly or indirectly results in such confinement, and (3) the person confined is conscious of his confinement.' ” Bletz v. Gribble, 641 F.3d 743, 758 (6th Cir. 2011) (citing Walsh v. Taylor, 689 N.W.2d 5... | No, unless the security guard knew that someone was in the lot at the time the guard locked the gate. |
[F]ixtures and trade fixtures are differentiated under the law. A fixture is an item of personal property which is incorporated into or attached to realty. Nokomis Quarry Co. v. Dietl, 333 Ill.App.3d 480, 484, 266 Ill.Dec. 829, 775 N.E.2d 669 (2002). Because a fixture is deemed a part of the realty, it cannot be remove... | the circumstances reveal that the equipment was installed for Barnes's exclusive benefit |
trade fixtures are removable by a tenant so long as he remains in possession of the leasehold, provided they are capable of removal without material injury to the realty; notwithstanding his failure to preserve such right in a renewal lease. Greenspan-Greenberger Co. v. Goerke Co., supra; Radey v. McCurdy, 1904, 209 Pa... | likelihood of Good Bank's succeeding would be improved |
The definition of assault is the same in a civil or criminal trial. Gibbins v. Berlin, 162 S.W.3d 335, 340 (Tex.App.-Fort Worth 2005, no pet.); see City of Waco v. Williams, 209 S.W.3d 216, 223 n. 7 (Tex.App.-Waco 2006, pet. denied). Thus, to establish his assault claim, Cox must show that Wadley (1) intentionally, kno... | not guilty, because he did not intend to hit Margaret |
Under the Model Penal Code, a person is guilty of battery if he “purposely, knowingly or recklessly causes bodily injury to another.” Model Penal Code § 211.1(1)(a) (Official Draft 1962). Although section 211.1 is entitled “Assault,” it incorporates the crime of battery. See id., cmt. 2 at 183–84.
Statutes in the juri... | not guilty, because she was justified in pushing Edward |
A “reasonable expectation of privacy” is “said to be an expectation ‘that has a source outside of the Fourth Amendment, either by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society.’ ” United States v. Jones, 132 S.Ct. at 951. See United States v. Ha... | granted, because under the circumstances the police activity violated Defendant's reasonable expectations of privacy |
A reputation witness must be qualified by showing that the witness has a sufficient acquaintance with the person, the community in which he has lived or worked, and the circles in which he has moved to speak with authority of the terms in which he is generally regarded. People v. Erickson, 883 P.2d 511 (Colo.App.1994);... | admissible as tending to prove Drew is innocent |
A statement of a declarant's then existing state of mind, emotion, sensation, or physical condition is an exception to the Hearsay Rule; however, a statement of memory or belief is within this exception only if it relates to the execution, revocation, identification, or terms of the declarant's will. Pa.R.E. 803(3). Co... | admissible, because it is a declaration of present mental state |
A “leading question” is “one that suggests to the witness the specific answer desired by the examining attorney.” Tanner v. State, 764 So.2d 385, 405 (¶ 58) (Miss.2000) (quoting Clemons v. State, 732 So.2d 883, 889 (¶ 25) (Miss.1999)). Mississippi Rule of Evidence 611(c) states:
Leading questions should not be used on ... | proper, because it goes to bias |
Evidence has “probative value” only if it has any tendency to establish or disestablish a legally necessary (material) proposition in the case through proof of the probability that the proposition is true (or untrue). See Berger, supra, ¶ 401; see also Epoch Producing Corp. v. Killiam Shows, 522 F.2d 737, 744 (2d. Cir.... | the probative value of the answer would be outweighed by its tendency to mislead |
“[R]edirect examination is limited to matters which were first raised on cross-examination, to which the opposing party is merely responding on redirect.” Dobson v. United States, 426 A.2d 361, 365 (D.C.1981) (quoting Singletary v. United States, 383 A.2d 1064, 1073 (D.C.1978)); see Hilton v. United States, 435 A.2d 38... | only to reply to significant new matter raised in cross-examination |
a general contractor does impliedly warrant that the work agreed upon will be done in a workmanlike manner. Sveum v. J. Mess Plumbing, Inc., 965 S.W.2d 924, 926 (Mo.App.1998); *661 Ribando v. Sullivan, 588 S.W.2d 120, 123 (Mo.App.1979). Workmanlike in this context is defined as “work which is completed in a skillful ma... | Mechanic had not performed his work in a workmanlike manner. |
Vicarious liability. The Commonwealth was required to present evidence to the grand jury that Roland knowingly forced the victims to perform services under circumstances that make Martins vicariously liable for Roland's crimes.15 See *193 Commonwealth v. Beneficial Fin. Co., 360 Mass. 188, 264-265, 275 N.E.2d 33 (1971)... | BCD will win, because John was not employed as a BCD salesperson when Bobb was billed for the computer. |
“To support a claim of wrongful termination under [New Hampshire] law, a plaintiff must establish two elements: one, that the employer terminated the employment out of bad faith, malice, or retaliation; and two, that the employer terminated the employment because the employee performed acts which public policy would en... | John will lose, because there is an express contractual provision pre-empting the subject of compensation for his services. |
To establish a claim for wrongful discharge in violation of public policy, Mendlovic must show (1) that a clear public policy existed and was manifested in a state or federal constitution, statute or administrative regulation, or in the common law; (2) that dismissing employees under circumstances like those involved i... | I and II only |
a public nuisance as “ ‘ “the doing of or the failure to do something that injuriously affects the safety, health or morals of the public, or works some substantial annoyance, inconvenience or injury to the public.” ’ [Citations.]” (Emphasis added.) Beretta, 213 Ill.2d at 370–71, 290 Ill.Dec. 525, 821 N.E.2d 1099. “Thu... | prevail if plaintiffs sustained harm different from that suffered by the public at large |
in order to recover damages in a common-law private nuisance cause of action, a plaintiff must show that the defendant's conduct was the proximate cause of an unreasonable interference with the plaintiff's use and enjoyment of his or her property. The interference may be either intentional; Quinnett v. Newman, supra, 2... | prevail, because Cattle Company's activity unreasonably interfered with plaintiffs' use and enjoyment of their property |
Aiding and abetting requires facts showing that the defendant “knowingly involved himself in a criminal act” and furthered the criminal act. United States v. Nusraty, 867 F.2d 759, 766 (2d Cir.1989).
nan
Alan, who was already married, went through a marriage ceremony with Betty and committed bigamy. Carl, his friend,... | not guilty, because he did not have the mental state required for aiding and abetting |
Jury instructions are reviewed for abuse of discretion. Jowers v. Lincoln Elec. Co., 617 F.3d 346, 352 (5th Cir. 2010). Instructions that hinge on a question of statutory construction are reviewed de novo. GE Capital, 754 F.3d at 302. Reversal is appropriate when the “charge as a whole leaves [the court] with substanti... | reversed, because the instruction put a burden on Defendant which denied him due process of law |
A waiver of Miranda rights may be implied through the defendant's silence, coupled with an understanding of his rights and a course of conduct indicating waiver.
nan
Darlene was arrested on a murder charge. She was given Miranda warnings and refused to talk further with the police. At trial, she testified in her own ... | reversed, because post-arrest silence constituted defendant's exercise of her Miranda rights and use of that silence against her at trial violated due process |
“In determining whether identification procedures violate a defendant's due process rights, the required *353 inquiry is made on an ad hoc basis and is two-pronged: first, it must be determined whether the identification procedure was unnecessarily suggestive; and second, if it is found to have been so, it must be dete... | admissible as establishing an identifying circumstance |
Generally, the grant of an easement over land does not preclude the grantor from using the land in any manner which does not unreasonable interfere with the special use for which the easement was acquired. Minneapolis Athletic Club v. Cohler, 287 Minn. 254, 177 N.W.2d 786 (1970). This includes the granting of additiona... | Maria, because the owner of an easement has a duty to so maintain the easement as to avoid unreasonable interference with the use of the servient tenement by its lawful possessor |
To regard a contract as “of the essence,” one of two conditions must be satisfied: either the contract must expressly state that time is of the essence or there must be a clear indication that the parties intended for time to be of the essence. Ferrara, 919 So.2d at 885(¶ 25). In the absence of either condition, time ... | the expressions "inside date" and "outside date" are construed to make time of the essence |
The destruction of a deed of conveyance by or at the instance of the grantee does not reinvest the grantor with the legal title.
nan
Metterly, the owner in fee simple of Brownacre by quitclaim deed conveyed Brownacre to her daughter, Doris, who paid no consideration for the conveyance. The deed was never recorded. Ab... | Doris was the owner of Brownacre, because the deed was merely evidence of her title, and its destruction was insufficient to cause title to pass back to Metterly |
To sustain the allegation in the petition that defendant negligently furnished a car that was defective and unsafe, the plaintiff would be required to prove the fact that the car was unsafe; and, also, the fact that defendant either knew, or by ordinary care, might have known of the defect, because without such proof t... | recover the full amount of his damages, because Motorist himself was not at fault |
“Comparative negligence” means a failure to do an act that a reasonably careful person would do, or the doing of an act that a reasonably careful person would not do, under the same or similar circumstances, to protect himself or herself from bodily injury.
Motorist arranged to borrow his friend Owner's car to drive f... | recover a proportion of her damages based on the respective degrees of her negligence and that of Cross |
A duty of care may arise from four sources: “(1) legislative enactments or administration regulations; (2) judicial interpretations of such enactments or regulations; (3) other judicial precedent; and (4) a duty arising from the general facts of the case.” Clay Elec. Co–op., Inc. v. Johnson, 873 So.2d 1182, 1185 (Fla. ... | Yes, in negligence, because Owner knew the brakes were faulty and failed to tell Motorist. |
The general larceny statute, G.L. c. 266, § 30, merges into one statutory crime “three common-law crimes of ‘stealing’ ”: larceny by theft, larceny by embezzlement, and larceny by false pretense. Commonwealth v. Mills, 436 Mass. 387, 391–392, 764 N.E.2d 854 (2002). “Larceny can be established by evidence that would hav... | Mistakenly believing that larceny does not include the taking of a dog, Defendant took his neighbor's dog and sold it. |
In Brown, the United States Supreme Court enunciated the following factors to be considered in determining whether the taint of an unlawful arrest has been sufficiently attenuated to justify admission of evidence seized in connection with the tainted arrest:
· whether Miranda warnings were given;
· the temporal proximi... | The statements were fruits of an unlawful arrest, and though the Miranda warnings may have been sufficient to protect his right against self-incrimination, they were not sufficient to purge the taint of the illegal arrest. |
Federalism is a bedrock of our Constitution and political system. But the division of power between federal and state governments remains controversial despite its long history. Consider the present debate over the U.S. Senate and the system for electing the president, which give disproportionate power to states with s... | Because of doctrines of federalism, federal law generally cannot be applied to state legislators acting in the course of their official duties. |
The U.S. Constitution establishes a system of dual sovereignty between the states and the federal government, with each state having its own government, endowed with all the functions essential to separate and independent existence. Although the Supremacy Clause of the Constitution designates “the Laws of the United St... | Congress does not significantly interfere with state government by applying this law to state legislators. |
The plaintiffs claim that the words “more or less” contained in the description of the acreage of the Fall Swamp lot in the various deeds covered the discrepancy between thirty acres as contained in the deeds and 62.7 acres as indicated on the Clark survey and again on the Waldo survey. The use of the language “more or... | sufficient, because the discrepancy in area is not fatal |
Deed which did not fix beginning point or any of boundaries held too vague to admit of parol evidence to fit description to thing intended to be conveyed, and hence indefinite descriptions statute was inapplicable (C.S. § 992).
By way of a gift, Pat executed a deed naming his daughter, Marian, as grantee. The deed con... | is insufficient because of vagueness |
Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such a disregard of the interest of the others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances. U... | To find the defendant guilty of criminal negligence, the jury must find as a fact that he intentionally did something he should not have done or intentionally failed to do something which he should have done under circumstances that demonstrate a conscious disregard of a known danger that his conduct would produce the ... |
“Our case law provides that [a] person operates a motor vehicle within the meaning of [§ 14-227a], when in the vehicle he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of the vehicle.” (Internal quotation marks omitted.) Sta... | The blood test should merely be one factor in the jury's determination along with such things as the police officers' opinion as to sobriety. |
Evidence is logically relevant if “it tends to make the existence of any consequential fact more or less probable, or if it tends to corroborate evidence which itself is relevant and bears on the principal issue of the case.” Hesse v. Mo. Dept. Corr., 530 S.W.3d 1, 5 (Mo. App. W.D. 2017). Evidence is legally relevant i... | admissible, because relevant to show the improbability of Dann's having committed an unprovoked assault |
Where objectionable and improper questions on cross-examination show consistent pattern apparently designed to prejudice witness in minds of jury, judge might properly interrupt cross-examination and declare mistrial or reprove counsel.
Dann, who was charged with the crime of assaulting Smith, admitted striking Smith ... | not objectionable, because it tests Employer's knowledge of Dann 's reputation |
Reliance by the jury on one witness's view of another witness's reputation for truthfulness is fraught with similar concerns. Although permitted by Rule 608(a), such evidence may be introduced only after the proponent has laid a proper foundation. This means that it must be established that the reputation witness posse... | admissible to support Dann's theory of self-defense, touching on whether Dann or Smith was the aggressor |
Ordinary negligence is “the act or omission which a person of ordinary prudence would do or fail to do under like circumstances or conditions....” Nist, 67 Wash.2d at 331, 407 P.2d 798. There is no issue of gross negligence without “substantial evidence of serious negligence.” Nist, 67 Wash.2d at 332, 407 P.2d 798.
Mo... | It is not relevant. |
Where a manufacturing defect causes an accident and the dealer has prior notice of difficulties apparently relating to the defect with an opportunity to discover and correct the defect, in order to avoid liability for damages occasioned by the defect the dealer has the burden of showing he made reasonable and adequate ... | that the bolt was defective and the defect would have been discovered in Motorco had exercised reasonable care in the inspection of component parts |
The difficulty lies in the meaning to be assigned to foreseeable risk. It has been noted that in determining whether certain events are within the risk created, the courts have been compelled of necessity to resort to hindsight rather than foresight. Restatement (Second) of Torts, § 281 comment g (1965). A post hoc st... | within the risk created by the action of Motorco |
“Due care” is that degree of care which a person of ordinary prudence would exercise under the same or similar circumstances. Id. The court in Colonial Savings cited section 323 of the Second Restatement of Torts, which provides:
One who undertakes, gratuitously or for consideration, to render services to another which... | Motorco exercised due care in testing the bolts |
A claim for strict products liability based on a design defect differs from a cause of action for a negligently designed product in that the plaintiff is not required to establish that the manufacturer acted unreasonably in designing the product, thus shifting the focus from the manufacturer's conduct to whether the pr... | the fact that one of the bolts anchoring his seat was defective |
The spending power is of course not unlimited, Pennhurst State School and Hospital v. Halderman, 451 U.S. 1, 17, and n. 13, 101 S.Ct. 1531, 1540 n. 13, 67 L.Ed.2d 694 (1981), but is instead subject to several general restrictions articulated in our cases. The first of these limitations is derived from the language of t... | sustained, because the challenge to the exercise of congressional spending power is based on a claimed violation of specific constitutional limitations on the exercise of such power |
When making such evaluations, courts examine two dimensions of entanglement under the Establishment Clause: substantive and procedural entanglement. Bollard v. California Province of the Society of Jesus, 196 F.3d 940, 948 (9th Cir.1999). *42 Substantive entanglement involves the same concerns as the Free Exercise Clau... | held unconstitutional, because the policing of the restriction would amount to an excessive entanglement with religion |
Only in the context of aid to “pervasively sectarian” institutions have we invalidated an aid program on the grounds that there was a “substantial” risk that aid to these religious institutions would, knowingly or unknowingly, result in religious indoctrination. E.g., Grand Rapids, supra, 473 U.S., at 387–398, 105 S.Ct... | sustained, because aid to one aspect of an institution of higher education not shown to be pervasively sectarian does not necessarily free it to spend its other resources for religious purposes |
An offer is defined as “the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.” Anderson v. United States, 344 F.3d 1343, 1353 (Fed.Cir.2003) (quoting Restatement (Second) of Contracts § 24); Frankl... | contractual offer, creating a power of acceptance |
Had defendant's bid expressly stated or clearly implied that it was revocable at any time before acceptance we would treat it accordingly. It was silent on revocation, however, and we must therefore determine whether there are conditions to the right of revocation imposed by law or reasonably inferable in fact. In the... | No, because of Student's reliance, prior to April 1, on the offer |
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). A promisor does not receive a promise as consideration for his or her promise in a unilateral contract. Id. Despite this lack of mutu... | unilateral contract only |
Exception to general rule that only personal representatives of testator's estate had standing and capacity to recover estate property when personal representative could not, or would not, bring suit or personal representative's interests were antagonistic to those of estate did not apply to ancillary matter that testa... | enforceable by Student's personal representative even if Student had been killed in an accident on April 16 |
Enforcement of zoning ordinances is akin to enforcement of deed-restriction ordinances. Both accomplish the same objectives. The enforcement of zoning ordinances provides a judicial forum for aggrieved landowners to resolve conflicting interests in land use. See Farmer v. Thompson, 289 S.W.2d 351, 355 (Tex.Civ.App.-For... | the restriction in user set forth in the deeds will be enforced at the suit of any present owner of a lot in Royal Oaks residential subdivision |
The doctrine of implied restrictive covenants is also known as the “common scheme of development” doctrine. Tisdale v. Buch, 2013 ME 95, ¶ 13, 81 A.3d 377. “We have acknowledged, but never expressly adopted, the common scheme of development doctrine ....” Id.; see also Thompson v. Pendleton, 1997 ME 127, ¶ 11 n.2, 697 ... | Any chance of success depends upon the 100 acres being considered by the courts as a part of a common development scheme which also includes the 200 acres of Royal Oaks. |
The Equal Protection Clause absolutely prohibits the use of race in many governmental contexts. To cite only a few: the government may not use race to decide who may serve on juries, who may use public services, who may marry, and who may be fit parents. The use of race in these situations is “utterly irrational” becau... | The state is so involved in school regulation and support that the equal protection clause of the Fourteenth Amendment is applicable to the school. |
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