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Rules of evidence determine what types of evidence is admissible, and the trial court judge applies these rules to the case. Generally, to be admissible, the evidence must be relevant) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged... | admissible because Vic's testimony was relevant to material issues |
A matter is considered collateral if “the matter itself is not relevant in the litigation to establish a fact of consequence, i.e., not relevant for a purpose other than mere contradiction of the in-court testimony of the witness.” United States v. Beauchamp, 986 F.2d 1, 4 (1st Cir.1993) (quoting 1 McCormick on Evidenc... | inadmissible because the question of whether Vic has ever been drunk is a collateral matter |
Before a document may be received in evidence, it must meet a number of foundational requirements including: relevancy, authentication, the best evidence rule, and hearsay.” Hadlock v. Dir. of Revenue, 860 S.W.2d 335, 337 (Mo. banc 1993). However, “a statute may eliminate one or more of these obstacles with regard to a... | unobjectionable because a foundation for impeachment of Vic. |
By contrast, generic burglary's unlawful-entry element excludes any case in which a person enters premises open to the public, no matter his intent; the generic crime requires breaking and entering or similar unlawful activity. See Brief for United States 38; LaFave § 21.1(a). So everything rests on the Government's *2... | the liquor store was open to the public |
The res ipsa loquitur doctrine “enables a jury presented only with circumstantial evidence to infer negligence simply from the fact that an event happened.” St. Paul Fire & Marine Ins. Co. v. City of New York, 907 F.2d 299, 302 (2d Cir.1990). The criteria for applying res ipsa loquitur include
“(1) the event must be ... | not applicable, because the case of tuna had been knocked over by the workmen |
The Indiana courts have apparently never squarely addressed the precise issue presented here. But it has long been the rule in Indiana that the duty of care owed by a real-property owner to his social guests requires only that the host refrain from willfully, wantonly or intentionally injuring his social guests. Swans... | be held liable only if she were negligent |
To demonstrate strict liability, a plaintiff must show: “(1) that the defendant's product was in a defective condition unreasonably dangerous for its intended use, (2) that the defect existed when the product left the defendant's control, and (3) that the defect was the proximate cause of the injury sustained.” Bilotta... | recover on the theory of strict liability in tort |
“[e]xceptions to the rule that contracts are freely assignable are when the contract expressly provides that it is not assignable or when performance of some term of the contract involves an element of personal skill or credit.” Hurst v. West, 49 N.C.App. 598, 272 S.E.2d 378, 382–83 (1980) (citations omitted).
Addle, ... | Boone is required to accept performance by Coot. |
Under Massachusetts law, claims for breach of contract are generally assignable.7 Raymer v. Bay State Nat'l Bank, 384 Mass. 310, 424 N.E.2d 515, 518 (1981); see also SAPC, Inc. v. Lotus Dev. Corp., 921 F.2d 360 (1st Cir.1990).
Addle, who has been in the painting and contracting business for ten years and has a fine re... | has a cause of action against Addle for damages |
To obtain a conspiracy conviction under § 371, “the Government must prove (1) that an agreement existed between two or more persons to commit a crime; (2) that the defendant knowingly and voluntarily joined or participated in the conspiracy; and (3) a conspirator performed an overt act in furtherance of the agreement.”... | not guilty, because, although Crowley knew the stamps were stolen, he neither helped to plan nor participated or assisted in the theft |
“This court first explicitly adopted the Pinkerton principle of vicarious liability for purposes of our state criminal law in State v. Walton, 227 Conn. 32, 630 A.2d 990 (1993). Under the Pinkerton doctrine, which, as of the date of our decision in Walton, was a recognized part of federal criminal conspiracy jurisprude... | guilty, because they planned and conspired to steal the stamps |
Eliker, supra, also holds that rescission is a proper remedy when the breach of contract is so substantial and fundamental as to defeat the object of the parties in making the agreement. Eliker involved a contract for construction of a house, but the non-performance was such that the house that had been bargained for w... | Painter's cause of action must be based on the deed and not on the contract. |
The following are not excluded by the rule against hearsay, regardless of whether the declarant is available as a witness:
(1) Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
(2) Excited Utterance. A statement relating to ... | inadmissible, because it is hearsay, not within any exception |
Admissions by party-opponents are admissible, even if they are not based on personal knowledge. Fed.R.Evid. 801(d)(2); Grace United Methodist Church v. City of Cheyenne, 451 F.3d 643, 665–67 (10th Cir.2006).
Rider, a bus passenger, sued Transit Company for injuries to his back from an accident caused by Transit's negl... | admissible as an admission of a party opponent |
1. Unless otherwise agreed and subject to subsection 3, where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the go... | It does not impair a buyer's right of inspection or his remedies. |
How are Compensatory Damages Calculated?
The calculation of compensatory damages depends on the type of contract that was breached and the type of loss that was incurred. Some general guidelines are:
Standard Measure. The standard measure of damages is an amount that would allow the nonbreaching party to buy a substit... | Damages measured by the price paid plus the difference between the contract price and the cost of buying substitute goods |
Under this section the seller may resell the goods after any breach by the buyer. Thus, an anticipatory repudiation by the buyer gives rise to any of the seller’s remedies for breach, and to the right of resale.
Johnston bought 100 bolts of standard blue wool, No. I quality, from McHugh. The sale contract provided tha... | Yes, in a private sale but only after giving Mc Hugh reasonable notice of his intention to resell. |
A restraint on alienation, in the law of real property, is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring their interest in the property. Under the common law such restraints are void as against the public policy of allowing landowners to fre... | Yes, because restraints on alier ation of land are strictly construed. |
Nuisance Defenses
There are several defenses available to those accused of creating a nuisance. One important defense is called ‘coming to the nuisance’. It applies when the harmful activity was operating before the plaintiffs acquired the property impacted by the nuisance. If the owners were aware of the nuisance-crea... | is some, but not controlling, evidence |
“Robbery” is the “[f]elonious taking of ... [any] article of value, in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” Id. at 1193 (emphasis added) (citations omitted). Finally, the act of “pillaging” is the “forcible taking of private pro... | the teller was not placed in fear by Jack |
The Fourth Amendment provides that “[t]he right of the people ... against unreasonable searches and seizures, shall not be violated ....” U.S. Const. Amend. IV. And it is axiomatic that a warrantless search is “ ‘per se unreasonable’ unless it falls within one of the ‘specifically established and well-delineated except... | Paul had, under the circumstances, sufficient standing and authority to consent to the search |
The attorney-client privilege protects communications made in confidence by a client and a client's employees to an attorney, acting as an attorney, for the purpose of obtaining legal advice. Sandra T.E. v. South Berwyn School Dist. 100, 600 F.3d 612, 618 (7th Cir.2010). The analysis is “(1) whether ‘legal advice of an... | No, because it is a privileged communication from client to the attorney. |
In the instant case the husband had been dead for several months at the time the wife joined in the conveyance, and he could not, therefore, have consented to her subsequent execution of the same. When he died on April 1, 1948, he was the absolute owner of the land in question, because of the invalidity of his former d... | Yes, without joinder of any other person in the conveyance. |
To state a claim for trespass, a 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 [the plaintiff’s] consent.” Mitchell v. Baltimore Sun. Co., 883 A.2d 1008, 1014 (Md. Ct. Spec... | Peter had reasonable grounds to believe his boat might be swamped and sink |
A constable who seizes the property of a defendant under an execution, and refuses to permit such defendant to select, and to have appraised for him property to the amount of $300 under the Act of 1849, the defendant demanding, and being entitled to the benefit of the exemption, becomes liable as a trespasser ab initio... | have no defense under the circumstances |
. Rule 404 makes character evidence inadmissible in most circumstances, but admissible under
several exceptions.
Character is not the same as reputation. "Character" consists of the individual patterns of
behavior and characteristics which make up and distinguish one person from another.
"Reputation" is the general op... | inadmissible to show negligence |
The offeror can create in the offeree a power of acceptance that is as limited, or as difficult to exercise, as the offeror pleases and can reserve a power of revocation to be exercised in any way. In order to do this, all that is necessary is that the offeree shall be informed of the limitation, or of the reservation,... | Such language did not affect the offeror's power of revocation of the offer. |
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 ... | Mailing of the letter by Slicker did not, of itself, prevent a subsequent, effective revocation by Duffer of his offer. |
Termination of the offeree’s power of acceptance can result from any of the following six causes:
expiration or lapse of the offer,
rejection by the offeree,
a counteroffer by the offeree,
a qualified or conditional acceptance by the offeree,
a valid revocation of the offer by the offeror, and
by operation of law.... | Unless a contract had already been formed between Slicker and Duffer. Koolcat's report to Slicker operated to terminate Slicker's power of accepting Duffer's offer. |
“Hearsay is an out of court, unsworn, oral or written statement by a third person, which is offered for the truth of its content. Hearsay statements are inadmissible unless they fit into one of the recognized exceptions.” State v. Gremillion, 542 So.2d 1074, 1077 (La.1989) (citation omitted). One such exception to the ... | inadmissible as hearsay, not within any exception |
The Model Penal Code presents a distinct formulation of the insanity defense. Under this test, an individual is not liable for criminal offenses if, when he or she committed the crime or crimes, the individual suffered from a mental disease or defect that resulted in the individual lacking the substantial capacity to ... | Model Penal Code provision |
A scheme by which an owner of a defined area of land divides it up into a number of separate lots for sale (or lease) and imposes on the purchasers (or lessors) restrictions as to the use and development of the land by means of uniform covenants restricting the use to which the grantees may put the lots, with the expre... | The outcome turns on whether a common development scheme had been established for the entire subdivision. |
We have acknowledged, but never expressly adopted, the common scheme of development doctrine, also known as the doctrine of implied equitable servitudes or implied restrictive covenants. See Thompson v. Pendleton, 1997 ME 127, ¶ 11 n. 2, 697 A.2d 56; 3 W Partners v. Bridges, 651 A.2d 387, 389 (Me.1994); Olson v. Albert... | The facts do not establish a common building or development scheme forte entire subdivision. |
Battery is an intentional, unconsented-to, injurious or otherwise offensive physical contact with the victim (a completed assault, so to speak): “Although the word ‘assault’ is sometimes used loosely to include a battery, and the whole expression ‘assault and battery’ to mean battery, it is more accurate to distinguish... | Both are guilty. |
While hearsay is generally inadmissible as evidence, a number of exclusions and exceptions allow statements that meet the definition of hearsay to be presented in court.
Expert witnesses frequently rely on the work of other experts to inform their opinions. The relied-upon professionals may not be present in court; in... | admissible if other testimony establishes causal connection between the other passengers' pain and the accident |
the Rule Against Perpetuities. The Rule is violated when there is a possibility of vesting beyond the perpetuity period. Melcher v. Camp, supra, 435 P.2d at page 115.
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Odum owned Brightacre (a tract of land) in fee simple. He conveyed it "to Pike, his heirs and assigns; but if Farley shall be living thirty years f... | valid, because the interest will vest, if at all, within a life in being |
A contract is aleatory when, because of its nature or according to the parties' intent, the performance of either party's obligation, or the extent of the performance, depends on an uncertain event.
Neff and Owens owned adjoining residences in Smithville. In 1971, they hired a contractor to lay sidewalks in front of b... | Yes. |
“A third party may recover on a contract made between other parties only if the parties intended to secure some benefit to that third party, and only if the contracting parties entered into the contract directly for the third party's benefit.” MCI Telecomms. Corp. v. Tex. Utils. Elec. Co., 995 S.W.2d 647, 651 (Tex.1999... | Yes, because Neff is a creditor thirdparty beneficiary of the contract. |
To find the defendant guilty of involuntary manslaughter you must be convinced beyond a reasonable doubt (that) the act or acts charged were the proximate cause of the death under such circumstances as to constitute involuntary manslaughter.
By the proximate cause of the death is meant that which, in natural and contin... | not guilty because the offense was not the proximate cause of the death |
There are a number of defenses to a public disclosure claim. Below, you'll find explanations of some of the most common defenses:
Legitimate public interest
Whether the public has a legitimate interest in the facts-at-issue is a question that depends on the context of the case, and one in which there is no particular f... | not prevail, because of her announcement concerning the birth of her own child |
“Typically, a remainder interest occurs when a possessory interest in property (often a life estate) is given to one person, with a subsequent taking of the estate in another person.” In re Townley Bypass Unified Credit Tr., 252 S.W.3d 715, 717 (Tex. App.—Texarkana 2008, pet. denied). “If a remainder interest is in an... | Wanda must pay the portion of the monthly payment which represents interest. |
Custodial interrogation is “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Id. at 444, 86 S.Ct. 1602. And interrogation includes not only “express questioning,” but also “any words or actions ... that t... | admissible because the statement was made at the scene, was essentially volunteered, and was not a product of a custodial interrogation |
Rule 701 requires that lay witness opinion testimony be “rationally based on the perception of the witness.” See F.R.E. 701(a). Rule 901(b)(2) governs lay witness opinion testimony as it relates to handwriting identification. To be admissible, such testimony must be “based upon familiarity not acquired for purposes of ... | overrule the objection on the ground that a layman may identify handwriting if he has seen the person in question write, and has an opinion concerning the writing in question |
There are three questions: (1) As to the plaintiff's due care; (2) as to the negligence of the motorman of the car; and (3) as to the defendant's negligence. To questions put to them by the presiding judge after they had returned their verdict the jury answered that the plaintiff and motorman were in the exercise of du... | not recover, because there was no evidence that the defendant failed to exercise due care in selling her the corned beef |
In order to prove his product-liability claim Markel had to show that (1) the DTG wheels on his ATV were in a defective condition unreasonably dangerous for their intended use, (2) the defect existed when the wheels left DTG's control, and (3) the defect proximately caused Markel's injuries. Bilotta, 346 N.W.2d at 623 ... | recover, because the can contained a sliver of bone when the defendant sold it |
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
nan
A newly-enacted state criminal statute pr... | cannot be convicted, because, though his speech here may be punished by the state, the state may not do so under this statute |
To prove AWIKWA, the government must prove, beyond a reasonable doubt, that the defendant (1) committed an assault16 on the victim, and (2) did so with the specific intent to kill, (3) while armed with a dangerous weapon. Riddick v. United States, 806 A.2d 631, 639 (D.C.2002).
nan
In which of the following situations... | Defendant is charged with assault with intent to kill Watts as a result of his wounding Watts by shooting him. Defendant claims he was so drunk he did not realize anyone else was around when he fired the gun. |
As mentioned above, chain of title is the complete ownership history of the property and should always reflect continuous, unbroken ownership. There are other documents that prove current ownership, like a deed or a title, but it’s the chain of title that becomes important should your rights to own the property ever be... | Allred's prior recorded deed is deemed to be outside Barrett's chain of title |
The subsequent purchaser rule is a jurisprudential rule which holds that an owner of property has no right or actual interest in recovering from a third party for damage which was inflicted on the property before his purchase, in the absence of an assignment or subrogation of the rights belonging to the owner of the pr... | Leon, because he advanced money without notice of Allred's rights |
“A bona fide purchaser for value is one who without notice of another's claim of right to, or equity in, the property prior to his acquisition of title, has paid the vendor a valuable consideration.” *661 Glaser v. Holdorf, 56 Wash.2d 204, 209, 352 P.2d 212 (1960). Where a purchaser has notice of facts sufficient to pu... | Allred, because Niece was not a bona fide purchaser who paid value |
Under the “common scheme doctrine,” which provides that
[w]here the owner of land divides it into lots in pursuance of a general plan for the development of an exclusively residential area and conveys the several lots to different grantees by deeds containing identical or substantially similar covenants restricting th... | only $5,000 for lot 101, but $6,000 for the remaining forty-nine lots |
An offer vests in the offeree the power to conclude a bargain, that is, the power of acceptance. Much of the law of offer and acceptance concerns the question: What kinds of events terminate that power? One such event is lapse of the offer. Another is revocation. Normally an offeror may revoke the offer at any time bef... | not succeed, because Byer's power of acceptance was terminated by an effective revocation |
Seller's breach of the implied covenant of good faith may excuse the condition. In every listing contract or other employment agreement with the broker, there is an implied covenant of good faith and fair dealing that the principal will not act in bad faith to deprive the broker of the benefits of the agreement.1
On M... | Termination of the offer by Byer's having first contracted to buy lot 101 |
“A private nuisance exists when an activity substantially and unreasonably interferes with the use and enjoyment of another's property.” Dunlop v. Daigle, 122 N.H. 295, 298, 444 A.2d 519 (1982). To constitute a nuisance, the defendants' activities must cause harm that exceeds the customary interferences with land that ... | Whether Macco could have eliminated the risk of harm without unduly interfering with Macco's normal operations |
Where a person, by his negligence, creates a situation that calls for rescue, he is subject to two duties – a primary duty to the imperiled victim, and a secondary duty to the rescuer. The rationale behind this is simple: although the wrongdoer might owe no duty of care to the rescuer in the first place, the wrongdoer’... | prevail, because Si was at fault in causing the fire |
An injury that occurs during a rescue effort should be attributed to the party that exposed the person who required assistance to the danger.1 One who is injured while rescuing another can recover to the same extent as the person being rescued.
Si was in the act of siphoning gasoline from Neighbor's car in Neighbor's ... | not prevail, because Neighbor was not at fault |
Robbery” is the “[f]elonious taking of ... [any] article of value, in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” Id. at 1193 (emphasis added) (citations omitted). Finally, the act of “pillaging” is the “forcible taking of private prop... | either robbery or larceny |
This brings us to the principal issue. The authority of the President to settle claims of American nationals through executive agreements is clear. See Am. Ins. Ass'n v. Garamendi, 539 U.S. 396, 123 S.Ct. 2374, ––––, 156 L.Ed.2d 376, 2003 WL 21433477, at *11 (U.S. June 23, 2003); id. at ––––, at *23 (Ginsburg, J., diss... | applied only to marriages and divorces in the District of Columbia |
“Legal cause is established if an injury was foreseeable as the type of harm that a reasonable person would expect to see as a likely result of his or her conduct. [Citation.] Although the foreseeability of an injury will establish legal cause, the extent of the injury or the exact way in which it occurs need not be fo... | both an actual and a legal cause of Driver's injuries |
What is a "Failure to Repair" Lawsuit?
Failure to repair lawsuits involves situation where a person has disregarded their duty to repair or fix dangerous conditions, resulting in injury to another person. These types of lawsuits often involve premises liability issues, where the owner of land or property has failed to ... | was negligent in not replacing the broken pole within seventy-two hours |
This court has long held that to invoke the Uniform Declaratory Judgments Act, chapter 7.24 RCW (UDJA), a plaintiff must establish:
“(1) ... an actual, present and existing dispute, or the mature seeds of one, as distinguished from a possible, dormant, hypothetical, speculative, or moot disagreement, (2) between partie... | Contractors who have been awarded contracts by the state of Atlantic for specified highway construction projects, which contracts are contingent on payment to the state of the federal highway construction funds to which it would otherwise be entitled. |
The Spending Clause of the Constitution of the United States empowers Congress “[t]o lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” U.S. Const., art. I, § 8, cl. 1. “The Clause provides Congress broad discretion to tax a... | Congress could reasonably believe that the 55 mile-an-hour speed limit will assure that the federal money spent on highways results in greater benefit than harm to the public |
The Constitution empowers Congress to “lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States.” Art. I, § 8, cl. 1. Incident to this power, Congress may attach conditions on the receipt of **2796 federal funds, and has repeatedly... | constitutional on the basis of both the spending power and the commerce power |
To establish probable cause, police officers must be able to point to objective circumstances leading them to believe that a suspect committed a crime. A police officer can't establish probable cause by saying only something like, "I just had a hunch that the defendant was a burglar." Judges, not police officers, have ... | granted, because the information supplied to Detective concerned an occurrence too remote in time to justify a finding of probable cause at the time of the search |
only persons whose privacy or property interests are violated may object to a search on Fourth Amendment grounds; exerting control and oversight over property by virtue of participation in a criminal conspiracy does not alone establish such interests
nan
Defendant sold heroin to Morgan. Morgan was later stopped by po... | denied, because Defendant has no standing to object to the search |
Despite the forgoing, the phrase “while acting in a fiduciary capacity” in section § 523(a)(4) does not qualify the terms “embezzlement” or “larceny.” In re Littleton, 942 F.2d 551, 555 (9th Cir.1991). Therefore, the elements of embezzlement or larceny must be satisfied, to find sufficient grounds for nondischargeabili... | larceny only |
Rule of convenience:
Doctrine that specifies the class, as designated in a class gift, closes when a class member is entitled to a distribution of his share of the gift.
Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of_21; and by th... | All of Trease's children would be measuring lives. |
An inter vivos transfer is a transfer of property made during a person's lifetime. It can be contrasted with a testamentary transfer, which is a transfer made in a will after death.
Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of_2... | The instrument was an inter vivos conveyance rather than a will. |
“A person is a donee beneficiary if the purpose of the promisee in obtaining the promise of all or part of the performance thereof is to make a gift to the beneficiary or to confer upon him a right against the promisor to some performance neither due nor supposed nor asserted to be due from the promisee to the benefici... | has a claim based upon an implied-in-fact contract with Victim |
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... | Doctor has not materially changed his position in reliance upon First's employment contract |
Implied consent, compared to express consent (where consent is directly and clearly given with explicit words), is the agreement given by a person’s action (even just a gesture) or inaction, or can be inferred from certain circumstances by any reasonable person. The person who gives consent can withdraw the consent any... | the release was ineffective, because Doctor had impliedly assented to the Victim-First contract |
What Is a Donee Beneficiary?
A donee beneficiary receives the benefit of a contract between two other parties as a gift from one of the parties to the contract. While donee beneficiaries stand to benefit from the fulfillment of a contract, they are not technically party to the contract.
Who Is a Donee Beneficiary?
The... | there is insufficient evidence to support a finding that Doctor was either a creditor or donee beneficiary of Second's promise to First |
A statement is against penal interest when it is so far contrary to the declarant's penal interest that “a reasonable person in the declarant's position would not have made the statement [without] believing it to be true.” See Torres, 1998–NMSC–052, ¶ 14, 126 N.M. 477, 971 P.2d 1267 (internal quotation marks omitted).
... | inadmissible, because it is hearsay, not within any exception |
Under the Federal Rules of Evidence, a present sense impression is defined as a statement that describes an event while it was occurring or immediately thereafter. A statement that qualifies as a present sense impression is admissible as an exception to the hearsay rule.
Peters sued Davis for $100,000 for injuries rec... | admissible as a statement of present sense impression |
A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services. Tex.R. Evid. 503(b); Austin v. State, 934 S.W.2d 672, 673 (Tex.Crim.App.1996). Therefore, application of the attor... | inadmissible because of the attorneyclient privilege |
The attorney-client privilege arises
“ ‘(1) [w]here legal advice of any kind is sought (2) from a professional legal adviser in his capacity as such, (3) the communications relating to that purpose, (4) made in confidence (5) by the client, (6) are at his instance permanently protected (7) from disclosure by himself o... | admissible, because the attorney-client privilege does not apply, in suits between those conferring with him, tojoint consultations with an attorney |
“In order for a defendant to be entitled to a reduced charge because he acted in the heat of passion, his emotional state of mind must exist at the time of the act and it must have arisen from circumstances constituting sufficient provocation.” State v. Guebara, 236 Kan. 791, 796, 696 P.2d 381 (1985). “Heat of passion”... | Defendant saw his wife and Ares go into the woods under circumstances that made him suspect adultery. While following them after they came out of the woods, Defendant was told by Brent that Brent had seen them commit adultery the day before. Defendant got a rifle and shot Ares dead. Defendant's conviction of murder was... |
Second-degree murder is defined as “the unlawful killing of a human being with malice, but without premeditation and deliberation.” Id. “A defendant is entitled to have a lesser-included offense submitted to the jury only when there is evidence to support that lesser-included offense.” Id. Our Supreme Court has stated ... | Defendant hit a fellow worker on the head with an iron crowbar, crushing his skull. Although Defendant testified he did not intend to kill, his conviction of murder was affirmed. |
State laws that restrict the eligibility of aliens for welfare benefits merely because of their alienage conflict with these overriding national policies in an area constitutionally entrusted to the Federal Government.
A recently enacted state law forbids aliens from owning more than 100 acres of land within the state... | the state statute violates the equal protection clause of the Fourteenth Amendment |
A few key things to remember about subject matter jurisdiction:
The constitution allows federal courts to hear cases only where there’s a federal question involved (known as federal question jurisdiction) or where there are parties from different states involved in an amount in controversy that exceeds $75,000 (know a... | hear the action, because a federal question is presented |
Unless required by law, contracts need not be in writing to be enforceable. Bill Walker & Assocs., Inc. v. Parrish, 770 S.W.2d 764, 771 (Tenn.Ct.App.1989). While oral contracts are enforceable, persons seeking to enforce them must demonstrate (1) that the parties mutually assented to the terms of the contract and (2) t... | Neither I nor II |
When one party repudiates a contract, the innocent party may treat the repudiation as a breach or continue to perform under the contract and await the time of the agreed-upon performance. Ingersoll–Rand Co. v. Valero Energy Corp., 997 S.W.2d 203, 211 (Tex.1999).
On March I, Green and Brown orally agreed that Brown wou... | II only |
Any kind of contract may be considered broken ("breached") once one party unconditionally refuses to perform under the contract as promised, regardless of when performance is supposed to take place. This unconditional refusal is known as a "repudiation" of a contract.
Once one party to a contract indicates--either thro... | I only |
a. Common law action of trespass for battery. Except in one particular, the conditions stated in this Section as necessary to make the actor liable are the same as those necessary to make a defendant liable under strict common law pleading in an action of trespass for battery. Under the rule stated in this Section, the... | the Pray mist was an offensive or harmful contact |
An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rig... | No because he has made at least one effective assignment of his claim against Insurer. and Insurer has notice thereof |
To prevail on a breach of contract claim in Massachusetts a plaintiff must
demonstrate that there was an agreement between the parties; the agreement was supported by consideration; the plaintiff was ready, willing, and able to perform his or her part of the contract; the defendant committed a breach of the contract; a... | Either Holder or ABC Funiture, depending on priority, can recover as assignee (or subassignee) of Victim's claim because the latter arose from Insurer's settlement agreement, the latter agreement not being vitiated by Tortfeasor's minority and irresponsibility when he obtained the policy. |
Under the void-for-vagueness doctrine, a statute is unconstitutionally vague so as to violate due process if it: “(1) does not provide a person of ordinary intelligence a reasonable opportunity to know what is prohibited, or (2) fails to provide explicit standards to prevent arbitrary and discriminatory enforcement by ... | Laws regulating, by their terms, expressive conduct or speech may not be overbroad or unduly vague. |
To constitute a valid waiver of Fourth Amendment rights, a consent must be the intelligent relinquishment of a known right or privilege. Id. (quoting United States v. Payne, 429 F.2d 169 (9th Cir.1970)). Such a waiver cannot be conclusively presumed from a verbal expression of assent unless the court determines, from t... | not a waiver of Defendant's Fourth Amendment rights because the landlord had neither actual nor apparent authority to permit the entry |
The standing inquiry consists of three elements: (1) the plaintiff must have personally suffered a “concrete and particularized ... actual or imminent” injury, (2) that is fairly traceable to the challenged actions of the defendant, and (3) there is a substantial likelihood the requested relief will remedy the alleged ... | standing because he still has a sufficient interest in the apartment even while in jail |
In some jurisdictions, where the manner of distribution depends on the character of the property as real or personal, the proceeds of judicial sales of real property retain the character of real estate for purposes of distribution. However, even though the character of the property and of the sale would ordinarily requ... | Perry is entitled to the proceeds of the sale when it closes. |
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... | Buyer's heir may specifically enforce the agreement. |
In calculating the amount of the Bell & Howell claim, the court must determine what damages are available for breach of contract under Illinois law. “In any breach of contract case, the proper measure of damages is the amount that will place the non-breaching party in as satisfactory a position as it would have been ha... | What it would cost to get the house completed by another contractor, minus installments not yet paid to Sawtooth |
A party injured by a breach of contract may recover consequential damages. Consequential damages may be awarded when the non-breaching party's loss flows naturally and probably from the breach and was contemplated by the parties when the contract was made. The party seeking damages must prove by a preponderance of the ... | Farquart was put to additional expense in providing Junior and his bride, married on June 10, 1972, with temporary housing. |
An implied waiver may also arise where the party against whom waiver is asserted pursues a course of action or acts in such a way that demonstrates his intention to waive a right or is inconsistent with any intention other than waiving the right. Hahn v. County of Kane, 2013 IL App (2d) 120660, ¶ 11, 372 Ill.Dec. 66, 9... | Waiver of delay in payment as to I and revocable waiver as to II |
An activity is inherently dangerous if the “danger inheres in the performance of the work,” such that “in the ordinary course of events its performance would probably, and not merely possibly, cause injury if proper precautions were not taken.”
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Construction Company contracted to build a laundry for Wash Company o... | recover, because the defendant left the open trench unprotected |
Kansas courts discussed assumption of risk as early as 1898. See Greef Bros. v. Brown, 7 Kan.App. 394, 51 P. 926 (1898). But in those early cases it was viewed as a “species of contributory negligence.” Greef Bros., 7 Kan.App. at 398, 51 P. 926 (discussing relationship between assumption of risk and contributory neglig... | not recover, because his brakes were defective |
‘Encouragement,’ for the purpose of determining accomplice liability, is the equivalent of conduct that by any means countenances or approves the criminal actions of others.” Id.
Bill and Chuck hated Vic and agreed to start a fight with Vic and, if the opportunity arose, to kill him. Bill and Chuck met Vic in the stre... | guilty. because. with the intent to have Bill kill Vic. he shouted encouragement to Bill |
While mere presence at a crime scene, considered alone or in combination with a refusal to interfere, is insufficient to support a conviction, the broad concept of ‘aiding and abetting’ plainly encompasses acts that could be construed as ‘encouragement’ or its derivation. Mere encouragement is enough. Encouragement *44... | not guilty, because mere presence, coupled with silent approval and intent, is not sufficient |
People’s sincere religious beliefs may occasionally conflict with the law. Usually, it’s the religious beliefs that must yield, as the law rarely accepts them as a defense to criminal charges. If a government has decided that certain activity is illegal, then it’s usually no excuse to say, “I did it because of my relig... | sustained on the grounds that sincere religious belief is not an adequate defense on these facts |
Since the power to appropriate belongs to Congress, see Richmond; Cincinnati Soap, 301 U.S. at 321, 57 S.Ct. 764, Congress must make the decision whether to allow or deny a federal instrumentality appropriated funds. Congress may impose the restriction that the instrumentality be entirely self-supporting, without any a... | Congress' power to appropriate funds includes the power to require that the funds will be spent as directed |
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