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As articulated in our case law, to determine whether a person's consent was voluntarily given or coerced, the proper analytical framework is whether a person has knowingly waived his right to refuse to consent to the search.
{ "signal": "see also", "identifier": null, "parenthetical": "noting that \"many decisions have sustained a finding that consent was voluntarily given even though the consent was obtained under the authority of the badge or after the accused had been arrested\"", "sentence": "See Johnson, supra, 68 N.J. at 353-...
{ "signal": "see", "identifier": "384 U.S. 436, 444", "parenthetical": "setting forth various non-exhaustive factors supporting either voluntary or coerced nature of consent", "sentence": "See Johnson, supra, 68 N.J. at 353-54, 346 A.2d 66 (establishing standard of voluntariness of consent under Article I, Para...
3,762,445
b
As articulated in our case law, to determine whether a person's consent was voluntarily given or coerced, the proper analytical framework is whether a person has knowingly waived his right to refuse to consent to the search.
{ "signal": "see also", "identifier": "44 N.J. 353, 353", "parenthetical": "noting that \"many decisions have sustained a finding that consent was voluntarily given even though the consent was obtained under the authority of the badge or after the accused had been arrested\"", "sentence": "See Johnson, supra, 6...
{ "signal": "see", "identifier": "86 S.Ct. 1602, 1612", "parenthetical": "setting forth various non-exhaustive factors supporting either voluntary or coerced nature of consent", "sentence": "See Johnson, supra, 68 N.J. at 353-54, 346 A.2d 66 (establishing standard of voluntariness of consent under Article I, Pa...
3,762,445
b
As articulated in our case law, to determine whether a person's consent was voluntarily given or coerced, the proper analytical framework is whether a person has knowingly waived his right to refuse to consent to the search.
{ "signal": "see", "identifier": "86 S.Ct. 1602, 1612", "parenthetical": "setting forth various non-exhaustive factors supporting either voluntary or coerced nature of consent", "sentence": "See Johnson, supra, 68 N.J. at 353-54, 346 A.2d 66 (establishing standard of voluntariness of consent under Article I, Pa...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that \"many decisions have sustained a finding that consent was voluntarily given even though the consent was obtained under the authority of the badge or after the accused had been arrested\"", "sentence": "See Johnson, supra, 68 N.J. at 353-...
3,762,445
a
As articulated in our case law, to determine whether a person's consent was voluntarily given or coerced, the proper analytical framework is whether a person has knowingly waived his right to refuse to consent to the search.
{ "signal": "see also", "identifier": "44 N.J. 353, 353", "parenthetical": "noting that \"many decisions have sustained a finding that consent was voluntarily given even though the consent was obtained under the authority of the badge or after the accused had been arrested\"", "sentence": "See Johnson, supra, 6...
{ "signal": "see", "identifier": "16 L.Ed.2d 694, 707", "parenthetical": "setting forth various non-exhaustive factors supporting either voluntary or coerced nature of consent", "sentence": "See Johnson, supra, 68 N.J. at 353-54, 346 A.2d 66 (establishing standard of voluntariness of consent under Article I, Pa...
3,762,445
b
As articulated in our case law, to determine whether a person's consent was voluntarily given or coerced, the proper analytical framework is whether a person has knowingly waived his right to refuse to consent to the search.
{ "signal": "see", "identifier": "16 L.Ed.2d 694, 707", "parenthetical": "setting forth various non-exhaustive factors supporting either voluntary or coerced nature of consent", "sentence": "See Johnson, supra, 68 N.J. at 353-54, 346 A.2d 66 (establishing standard of voluntariness of consent under Article I, Pa...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that \"many decisions have sustained a finding that consent was voluntarily given even though the consent was obtained under the authority of the badge or after the accused had been arrested\"", "sentence": "See Johnson, supra, 68 N.J. at 353-...
3,762,445
a
As articulated in our case law, to determine whether a person's consent was voluntarily given or coerced, the proper analytical framework is whether a person has knowingly waived his right to refuse to consent to the search.
{ "signal": "see", "identifier": "68 N.J. 355, 355", "parenthetical": "\"Consent contemplates the exercise of a choice\" and free choice is \"effectively safeguarded if the occupant of the premises knows that the search may be refused.\"", "sentence": "See Johnson, supra, 68 N.J. at 353-54, 346 A.2d 66 (establi...
{ "signal": "see also", "identifier": "44 N.J. 353, 353", "parenthetical": "noting that \"many decisions have sustained a finding that consent was voluntarily given even though the consent was obtained under the authority of the badge or after the accused had been arrested\"", "sentence": "See Johnson, supra, 6...
3,762,445
a
As articulated in our case law, to determine whether a person's consent was voluntarily given or coerced, the proper analytical framework is whether a person has knowingly waived his right to refuse to consent to the search.
{ "signal": "see", "identifier": "68 N.J. 355, 355", "parenthetical": "\"Consent contemplates the exercise of a choice\" and free choice is \"effectively safeguarded if the occupant of the premises knows that the search may be refused.\"", "sentence": "See Johnson, supra, 68 N.J. at 353-54, 346 A.2d 66 (establi...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that \"many decisions have sustained a finding that consent was voluntarily given even though the consent was obtained under the authority of the badge or after the accused had been arrested\"", "sentence": "See Johnson, supra, 68 N.J. at 353-...
3,762,445
a
As articulated in our case law, to determine whether a person's consent was voluntarily given or coerced, the proper analytical framework is whether a person has knowingly waived his right to refuse to consent to the search.
{ "signal": "see", "identifier": null, "parenthetical": "\"Consent contemplates the exercise of a choice\" and free choice is \"effectively safeguarded if the occupant of the premises knows that the search may be refused.\"", "sentence": "See Johnson, supra, 68 N.J. at 353-54, 346 A.2d 66 (establishing standard...
{ "signal": "see also", "identifier": "44 N.J. 353, 353", "parenthetical": "noting that \"many decisions have sustained a finding that consent was voluntarily given even though the consent was obtained under the authority of the badge or after the accused had been arrested\"", "sentence": "See Johnson, supra, 6...
3,762,445
a
As articulated in our case law, to determine whether a person's consent was voluntarily given or coerced, the proper analytical framework is whether a person has knowingly waived his right to refuse to consent to the search.
{ "signal": "see", "identifier": null, "parenthetical": "\"Consent contemplates the exercise of a choice\" and free choice is \"effectively safeguarded if the occupant of the premises knows that the search may be refused.\"", "sentence": "See Johnson, supra, 68 N.J. at 353-54, 346 A.2d 66 (establishing standard...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that \"many decisions have sustained a finding that consent was voluntarily given even though the consent was obtained under the authority of the badge or after the accused had been arrested\"", "sentence": "See Johnson, supra, 68 N.J. at 353-...
3,762,445
a
136 Yet that interpretation is new. For years, divisions of the court of appeals agreed that the statute's "probable cause" requirement implied a lawful stop.
{ "signal": "no signal", "identifier": "833 P.2d 830, 831", "parenthetical": "holding that a police officer may not direct a driver to submit to aleohol testing absent \"probable cause\" and, by implication, \"reasonable suspicion for the initial stop\"", "sentence": "Seq, e.g., Peterson v. Tipton, 833 P.2d 830...
{ "signal": "see also", "identifier": "223 P.3d 150, 152", "parenthetical": "evaluating whether the initial stop was lawful under the reasonable suspicion standard", "sentence": "Seq, e.g., Peterson v. Tipton, 833 P.2d 830, 831 (Colo.App.1992) (holding that a police officer may not direct a driver to submit to ...
6,933,916
a
136 Yet that interpretation is new. For years, divisions of the court of appeals agreed that the statute's "probable cause" requirement implied a lawful stop.
{ "signal": "no signal", "identifier": "833 P.2d 830, 831", "parenthetical": "holding that a police officer may not direct a driver to submit to aleohol testing absent \"probable cause\" and, by implication, \"reasonable suspicion for the initial stop\"", "sentence": "Seq, e.g., Peterson v. Tipton, 833 P.2d 830...
{ "signal": "see also", "identifier": "787 P.2d 181, 182-83", "parenthetical": "concluding, under an old statutory scheme, that the initial stop was \"justified under the reasonable suspicion standard\"", "sentence": "Seq, e.g., Peterson v. Tipton, 833 P.2d 830, 831 (Colo.App.1992) (holding that a police office...
6,933,916
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
{ "signal": "see also", "identifier": "351 S.C. 139, 139-40", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
{ "signal": "see also", "identifier": "568 S.E.2d 346, 346", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d ...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
{ "signal": "see also", "identifier": "351 S.C. 139, 139-40", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": "568 S.E.2d 346, 346", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d ...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": "351 S.C. 139, 139-40", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": "568 S.E.2d 346, 346", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d ...
{ "signal": "see", "identifier": null, "parenthetical": "finding an individual's liberty interest in the outcome of a civil commitment proceeding is of such weight and gravity that due process requires the state to justify confinement by clear and convincing proof", "sentence": "See Addington v. Texas, 441 U.S....
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
{ "signal": "see also", "identifier": "351 S.C. 139, 139-40", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": "568 S.E.2d 346, 346", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d ...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
{ "signal": "see also", "identifier": "351 S.C. 139, 139-40", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": "568 S.E.2d 346, 346", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d ...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
3,880,419
b
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
{ "signal": "see also", "identifier": null, "parenthetical": "noting that although allegedly arbitrary legislation invokes the least intrusive rational basis test, that standard of review is \"not a toothless one\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 323 (1979) (findin...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
{ "signal": "see also", "identifier": "351 S.C. 139, 139-40", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d...
3,880,419
a
Applying the rational basis test to Appellant's due process challenge, I would find the mandated lifetime satellite monitoring and absence of any judicial review related to an assessment of an individual's likelihood of re-offending renders the challenged provision arbitrary. Further, in light of the legislature's pred...
{ "signal": "see", "identifier": null, "parenthetical": "upholding sexually violent predator commitment statute and emphasizing the role of the review to ensure commitment lasts only so long as it is necessary to protect the public", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d 3...
{ "signal": "see also", "identifier": "568 S.E.2d 346, 346", "parenthetical": "finding due process ensures that a statute which deprives a person of a liberty interest has \"at a minimum, a rational basis, and may not be arbitrary\"", "sentence": "See Addington v. Texas, 441 U.S. 418, 99 S.Ct. 1804, 60 L.Ed.2d ...
3,880,419
a
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see", "identifier": "524 U.S. 775, 788", "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 7...
{ "signal": "see also", "identifier": "300 F.3d 928, 935", "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Farag...
4,358,607
a
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see", "identifier": "524 U.S. 775, 788", "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 7...
{ "signal": "see also", "identifier": null, "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Faragher v. City of ...
4,358,607
a
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see also", "identifier": null, "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Faragher v. City of ...
{ "signal": "see", "identifier": "524 U.S. 775, 788", "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 7...
4,358,607
b
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see also", "identifier": null, "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Faragher v. City of ...
{ "signal": "see", "identifier": "524 U.S. 775, 788", "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 7...
4,358,607
b
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see", "identifier": null, "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2...
{ "signal": "see also", "identifier": "300 F.3d 928, 935", "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Farag...
4,358,607
a
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see", "identifier": null, "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2...
{ "signal": "see also", "identifier": null, "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Faragher v. City of ...
4,358,607
a
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see", "identifier": null, "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2...
{ "signal": "see also", "identifier": null, "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Faragher v. City of ...
4,358,607
a
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see", "identifier": null, "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2...
{ "signal": "see also", "identifier": null, "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Faragher v. City of ...
4,358,607
a
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see also", "identifier": "300 F.3d 928, 935", "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Farag...
{ "signal": "see", "identifier": null, "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2...
4,358,607
b
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see also", "identifier": null, "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Faragher v. City of ...
{ "signal": "see", "identifier": null, "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2...
4,358,607
b
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see also", "identifier": null, "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Faragher v. City of ...
{ "signal": "see", "identifier": null, "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2...
4,358,607
b
In any event, even construing plaintiffs allegations broadly and in his favor, and accepting that his subjective fear of the alleged comments and minimal contact was genuinely felt, the Court finds that the necessary pervasiveness or severity is lacking in this ease.
{ "signal": "see also", "identifier": null, "parenthetical": "collecting cases where the environment. was not sufficiently severe or pervasive, despite the existence of teasing, sexual jokes, inappropriate sexual comments, and repeated instances of unwanted sexual contact", "sentence": "See Faragher v. City of ...
{ "signal": "see", "identifier": null, "parenthetical": "\"simple teasing, offhand. comments, and isolated incidents (unless extremely serious) will not amount to discriminatory- changes in the terms and conditions of employment\"", "sentence": "See Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2...
4,358,607
b
However, as a result of his acquittal, we simply cannot conclude that there is a reasonable likelihood that he would be subjected to the same conduct.
{ "signal": "see", "identifier": "423 U.S. 149, 149", "parenthetical": "former inmate's challenge to parole decisions mooted upon his release from supervision", "sentence": "See Weinstein, 423 U.S. at 149, 96 S.Ct. 347 (former inmate’s challenge to parole decisions mooted upon his release from supervision); see...
{ "signal": "see also", "identifier": "4 F.3d 206, 206", "parenthetical": "cautioning against \"conjecture\" that prisoner could again be incarcerated at maximum security unit and holding prisoner's release from maximum security unit mooted challenge to law library in maximum security unit", "sentence": "See We...
11,083,966
a
However, as a result of his acquittal, we simply cannot conclude that there is a reasonable likelihood that he would be subjected to the same conduct.
{ "signal": "see", "identifier": null, "parenthetical": "former inmate's challenge to parole decisions mooted upon his release from supervision", "sentence": "See Weinstein, 423 U.S. at 149, 96 S.Ct. 347 (former inmate’s challenge to parole decisions mooted upon his release from supervision); see also Abdul-Akb...
{ "signal": "see also", "identifier": "4 F.3d 206, 206", "parenthetical": "cautioning against \"conjecture\" that prisoner could again be incarcerated at maximum security unit and holding prisoner's release from maximum security unit mooted challenge to law library in maximum security unit", "sentence": "See We...
11,083,966
a
First, even if bona fide leases exist between the Movants and the Debtors, they are not leases of nonresidential real property.
{ "signal": "see", "identifier": "52 B.R. 715, 722", "parenthetical": "agreeing with the debtor that a lease of property used by the debtor to operate a life-care facility was not a- lease of \"nonresidential real property,\" as people resided in the leased property and the fact that the debtor corporation did no...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that leases of real property upon which the debtor operated senior nursing homes were not leases of nonresidential real property", "sentence": "See In re Independence Vill., Inc., 52 B.R. 715, 722 (Bankr.E.D.Mich.1985) (agreeing with the debt...
4,284,357
a
Although the nexus of this action to international and foreign banking provides a sufficient basis for federal jurisdiction under Section 632, the jurisdictional requirement is alternatively satisfied, because this suit "aris[es] ... out of other international or foreign financial operations." Indeed, in this context, ...
{ "signal": "see also", "identifier": "444 U.S. 37, 42", "parenthetical": "words in statutes must be given their ordinary, contemporary common meaning", "sentence": "Travis, 23 F.Supp. 363 (issuance of securities by corporation constituted foreign financial operations for purposes of Section 632); & Bjorkman, s...
{ "signal": "no signal", "identifier": null, "parenthetical": "issuance of securities by corporation constituted foreign financial operations for purposes of Section 632", "sentence": "Travis, 23 F.Supp. 363 (issuance of securities by corporation constituted foreign financial operations for purposes of Section ...
3,464,442
b
Although the nexus of this action to international and foreign banking provides a sufficient basis for federal jurisdiction under Section 632, the jurisdictional requirement is alternatively satisfied, because this suit "aris[es] ... out of other international or foreign financial operations." Indeed, in this context, ...
{ "signal": "see also", "identifier": "100 S.Ct. 311, 314", "parenthetical": "words in statutes must be given their ordinary, contemporary common meaning", "sentence": "Travis, 23 F.Supp. 363 (issuance of securities by corporation constituted foreign financial operations for purposes of Section 632); & Bjorkman...
{ "signal": "no signal", "identifier": null, "parenthetical": "issuance of securities by corporation constituted foreign financial operations for purposes of Section 632", "sentence": "Travis, 23 F.Supp. 363 (issuance of securities by corporation constituted foreign financial operations for purposes of Section ...
3,464,442
b
Although the nexus of this action to international and foreign banking provides a sufficient basis for federal jurisdiction under Section 632, the jurisdictional requirement is alternatively satisfied, because this suit "aris[es] ... out of other international or foreign financial operations." Indeed, in this context, ...
{ "signal": "no signal", "identifier": null, "parenthetical": "issuance of securities by corporation constituted foreign financial operations for purposes of Section 632", "sentence": "Travis, 23 F.Supp. 363 (issuance of securities by corporation constituted foreign financial operations for purposes of Section ...
{ "signal": "see also", "identifier": null, "parenthetical": "words in statutes must be given their ordinary, contemporary common meaning", "sentence": "Travis, 23 F.Supp. 363 (issuance of securities by corporation constituted foreign financial operations for purposes of Section 632); & Bjorkman, supra at 128 (...
3,464,442
a
Counsel argued that after receiving notice of the default judgment in mid-March 2005, Caraballo consulted with him "sometime in April or thereabouts." Counsel further stated that for his own reasons, he waited another "couple of weeks," until May 4, to complete and file the sworn motion. Unsworn argument of counsel is ...
{ "signal": "no signal", "identifier": null, "parenthetical": "ruling that the trial court abused its discretion in granting defendant's motion to vacate default judgment \"[s]ince the motion seeking relief consisted of merely unsworn to representations of counsel, unsupported by proof showing any excusable negle...
{ "signal": "see also", "identifier": "944 So.2d 1145, 1148", "parenthetical": "\"[a]s this court has previously observed, unsworn representations by counsel about factual matters do not have any evidentiary weight in the absence of a stipulation\"", "sentence": "Polygram Latino U.S. v. Torres, 751 So.2d 90 (Fl...
8,319,513
a
ORS 107.135(l)(a) provides, in part, that a court may "[s]et aside, alter or modify so much of the decree as may provide * * * for the support of a party * * The key phrase in the statute is the present tense verb phrase "may provide." That phrase implies that there must be an existing support obligation at the time th...
{ "signal": "see also", "identifier": "98 Or App 83, 87", "parenthetical": "holding that the trial court was without authority to modify a spousal support obligation when the modification proceeding was initiated ten years after the obligation to pay spousal support under the dissolution judgment had been termina...
{ "signal": "see", "identifier": "98 Or App 352, 353", "parenthetical": "holding that, \"[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]\" and after that date \"husband had no obligation that could support a modification\"", "sentence": "See...
1,296,469
b
ORS 107.135(l)(a) provides, in part, that a court may "[s]et aside, alter or modify so much of the decree as may provide * * * for the support of a party * * The key phrase in the statute is the present tense verb phrase "may provide." That phrase implies that there must be an existing support obligation at the time th...
{ "signal": "see", "identifier": "98 Or App 352, 353", "parenthetical": "holding that, \"[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]\" and after that date \"husband had no obligation that could support a modification\"", "sentence": "See...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that the trial court was without authority to modify a spousal support obligation when the modification proceeding was initiated ten years after the obligation to pay spousal support under the dissolution judgment had been terminated by order",...
1,296,469
a
ORS 107.135(l)(a) provides, in part, that a court may "[s]et aside, alter or modify so much of the decree as may provide * * * for the support of a party * * The key phrase in the statute is the present tense verb phrase "may provide." That phrase implies that there must be an existing support obligation at the time th...
{ "signal": "see", "identifier": "98 Or App 352, 353", "parenthetical": "holding that, \"[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]\" and after that date \"husband had no obligation that could support a modification\"", "sentence": "See...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that the trial court lacked authority to renew spousal support payments pursuant to a motion that was filed after the expiration of time during which spousal support was required to be paid under the original judgment", "sentence": "See Wrenc...
1,296,469
a
ORS 107.135(l)(a) provides, in part, that a court may "[s]et aside, alter or modify so much of the decree as may provide * * * for the support of a party * * The key phrase in the statute is the present tense verb phrase "may provide." That phrase implies that there must be an existing support obligation at the time th...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that the trial court lacked authority to renew spousal support payments pursuant to a motion that was filed after the expiration of time during which spousal support was required to be paid under the original judgment", "sentence": "See Wrenc...
{ "signal": "see", "identifier": "98 Or App 352, 353", "parenthetical": "holding that, \"[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]\" and after that date \"husband had no obligation that could support a modification\"", "sentence": "See...
1,296,469
b
ORS 107.135(l)(a) provides, in part, that a court may "[s]et aside, alter or modify so much of the decree as may provide * * * for the support of a party * * The key phrase in the statute is the present tense verb phrase "may provide." That phrase implies that there must be an existing support obligation at the time th...
{ "signal": "see", "identifier": null, "parenthetical": "holding that, \"[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]\" and after that date \"husband had no obligation that could support a modification\"", "sentence": "See Wrench and Wren...
{ "signal": "see also", "identifier": "98 Or App 83, 87", "parenthetical": "holding that the trial court was without authority to modify a spousal support obligation when the modification proceeding was initiated ten years after the obligation to pay spousal support under the dissolution judgment had been termina...
1,296,469
a
ORS 107.135(l)(a) provides, in part, that a court may "[s]et aside, alter or modify so much of the decree as may provide * * * for the support of a party * * The key phrase in the statute is the present tense verb phrase "may provide." That phrase implies that there must be an existing support obligation at the time th...
{ "signal": "see", "identifier": null, "parenthetical": "holding that, \"[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]\" and after that date \"husband had no obligation that could support a modification\"", "sentence": "See Wrench and Wren...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that the trial court was without authority to modify a spousal support obligation when the modification proceeding was initiated ten years after the obligation to pay spousal support under the dissolution judgment had been terminated by order",...
1,296,469
a
ORS 107.135(l)(a) provides, in part, that a court may "[s]et aside, alter or modify so much of the decree as may provide * * * for the support of a party * * The key phrase in the statute is the present tense verb phrase "may provide." That phrase implies that there must be an existing support obligation at the time th...
{ "signal": "see", "identifier": null, "parenthetical": "holding that, \"[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]\" and after that date \"husband had no obligation that could support a modification\"", "sentence": "See Wrench and Wren...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that the trial court lacked authority to renew spousal support payments pursuant to a motion that was filed after the expiration of time during which spousal support was required to be paid under the original judgment", "sentence": "See Wrenc...
1,296,469
a
ORS 107.135(l)(a) provides, in part, that a court may "[s]et aside, alter or modify so much of the decree as may provide * * * for the support of a party * * The key phrase in the statute is the present tense verb phrase "may provide." That phrase implies that there must be an existing support obligation at the time th...
{ "signal": "see", "identifier": null, "parenthetical": "holding that, \"[a]s with a promissory note, when the final payment was made [on a support judgment], the obligation was discharged[,]\" and after that date \"husband had no obligation that could support a modification\"", "sentence": "See Wrench and Wren...
{ "signal": "see also", "identifier": null, "parenthetical": "holding that the trial court lacked authority to renew spousal support payments pursuant to a motion that was filed after the expiration of time during which spousal support was required to be paid under the original judgment", "sentence": "See Wrenc...
1,296,469
a
Appellants contend that the statutes relative to a safe workplace, which they allege DISD violated, implicitly waive DISD's immunity from suit. A so-called "implicit waiver" of sovereign immunity arises when the statute at issue would be meaningless if immunity was not waived thereby.
{ "signal": "see also", "identifier": "893 S.W.2d 432, 446", "parenthetical": "Uniform Declaratory Judgments Act waives immunity from suit in actions brought to construe legislative pronouncements", "sentence": "Lab.Code Ann. § 504.002 (Vernon Supp.2004)] which expressly incorporates anti-retaliation law); Alam...
{ "signal": "but see", "identifier": "74 S.W.3d 849, 855-56", "parenthetical": "UDJA does not waive immunity from suit in actions \"against state officials seeking to establish a contract's validity, to enforce performance under a contract, or to impose contractual liabilities\"", "sentence": "Lab.Code Ann. § 5...
9,237,977
a
Finally, with respect to the receipt statute in particular, the Court also notes that those courts to address vagueness challenges to this statute have found that it is not unconstitutionally vague.
{ "signal": "no signal", "identifier": "486 F.3d 1004, 1009", "parenthetical": "analyzing the plain language of the receipt statute and finding that the defendant had \"not established that SS 2252A(a", "sentence": "United States v. Watzman, 486 F.3d 1004, 1009 (7th Cir.2007), cert. denied 552 U.S. 1052, 128 S....
{ "signal": "cf.", "identifier": "564 F.3d 1301, 1310-12", "parenthetical": "finding that certain provisions of the Fair Credit Reporting Act (\"FCRA\"", "sentence": "United States v. Watzman, 486 F.3d 1004, 1009 (7th Cir.2007), cert. denied 552 U.S. 1052, 128 S.Ct. 682, 169 L.Ed.2d 533 (2007) (analyzing the pl...
4,204,616
a
Finally, with respect to the receipt statute in particular, the Court also notes that those courts to address vagueness challenges to this statute have found that it is not unconstitutionally vague.
{ "signal": "no signal", "identifier": null, "parenthetical": "analyzing the plain language of the receipt statute and finding that the defendant had \"not established that SS 2252A(a)(2) fails either the 'notice' or 'arbitrary enforcement' tests for unconstitutional vagueness.\"", "sentence": "United States v....
{ "signal": "cf.", "identifier": "564 F.3d 1301, 1310-12", "parenthetical": "finding that certain provisions of the Fair Credit Reporting Act (\"FCRA\"", "sentence": "United States v. Watzman, 486 F.3d 1004, 1009 (7th Cir.2007), cert. denied 552 U.S. 1052, 128 S.Ct. 682, 169 L.Ed.2d 533 (2007) (analyzing the pl...
4,204,616
a
Finally, with respect to the receipt statute in particular, the Court also notes that those courts to address vagueness challenges to this statute have found that it is not unconstitutionally vague.
{ "signal": "no signal", "identifier": null, "parenthetical": "analyzing the plain language of the receipt statute and finding that the defendant had \"not established that SS 2252A(a)(2) fails either the 'notice' or 'arbitrary enforcement' tests for unconstitutional vagueness.\"", "sentence": "United States v....
{ "signal": "cf.", "identifier": "564 F.3d 1301, 1310-12", "parenthetical": "finding that certain provisions of the Fair Credit Reporting Act (\"FCRA\"", "sentence": "United States v. Watzman, 486 F.3d 1004, 1009 (7th Cir.2007), cert. denied 552 U.S. 1052, 128 S.Ct. 682, 169 L.Ed.2d 533 (2007) (analyzing the pl...
4,204,616
a
Finally, with respect to the receipt statute in particular, the Court also notes that those courts to address vagueness challenges to this statute have found that it is not unconstitutionally vague.
{ "signal": "cf.", "identifier": "564 F.3d 1301, 1310-12", "parenthetical": "finding that certain provisions of the Fair Credit Reporting Act (\"FCRA\"", "sentence": "United States v. Watzman, 486 F.3d 1004, 1009 (7th Cir.2007), cert. denied 552 U.S. 1052, 128 S.Ct. 682, 169 L.Ed.2d 533 (2007) (analyzing the pl...
{ "signal": "no signal", "identifier": null, "parenthetical": "analyzing the plain language of the receipt statute and finding that the defendant had \"not established that SS 2252A(a)(2) fails either the 'notice' or 'arbitrary enforcement' tests for unconstitutional vagueness.\"", "sentence": "United States v....
4,204,616
b
Finally, with respect to the receipt statute in particular, the Court also notes that those courts to address vagueness challenges to this statute have found that it is not unconstitutionally vague.
{ "signal": "no signal", "identifier": "2009 WL 2601103, at *3", "parenthetical": "finding the reasoning in Watzman persuasive and concluding that receipt statute was not unconstitutionally vague", "sentence": "United States v. Watzman, 486 F.3d 1004, 1009 (7th Cir.2007), cert. denied 552 U.S. 1052, 128 S.Ct. 6...
{ "signal": "cf.", "identifier": "564 F.3d 1301, 1310-12", "parenthetical": "finding that certain provisions of the Fair Credit Reporting Act (\"FCRA\"", "sentence": "United States v. Watzman, 486 F.3d 1004, 1009 (7th Cir.2007), cert. denied 552 U.S. 1052, 128 S.Ct. 682, 169 L.Ed.2d 533 (2007) (analyzing the pl...
4,204,616
a
Finally, with respect to the receipt statute in particular, the Court also notes that those courts to address vagueness challenges to this statute have found that it is not unconstitutionally vague.
{ "signal": "no signal", "identifier": "193 F.Supp.2d 552, 557-58", "parenthetical": "finding that the receipt statute \"clearly apprises indi viduals of the nature of the conduct proscribed\"", "sentence": "United States v. Watzman, 486 F.3d 1004, 1009 (7th Cir.2007), cert. denied 552 U.S. 1052, 128 S.Ct. 682,...
{ "signal": "cf.", "identifier": "564 F.3d 1301, 1310-12", "parenthetical": "finding that certain provisions of the Fair Credit Reporting Act (\"FCRA\"", "sentence": "United States v. Watzman, 486 F.3d 1004, 1009 (7th Cir.2007), cert. denied 552 U.S. 1052, 128 S.Ct. 682, 169 L.Ed.2d 533 (2007) (analyzing the pl...
4,204,616
a
We conclude that the mandatory nature of SS 44-53-370(e)(2)(a)(l) is clear under the plain meaning of the words employed, notwithstanding the fact that the word "mandatory" is only used to describe the sentence for a third and subsequent offense.
{ "signal": "cf.", "identifier": "276 S.C. 444, 446", "parenthetical": "finding statute describing possible prison term as \"not less than ten years nor more than twenty-five years\" prescribes a mandatory minimum sentence of ten years", "sentence": "See State v. Wilson, 315 S.C. 289, 294, 433 S.E.2d 864, 867 (...
{ "signal": "see", "identifier": "315 S.C. 289, 294", "parenthetical": "stating the precise quantity of drugs involved in trafficking in cocaine in violation of SS 44-53-370(e)(2), \"is pertinent, not to the classification of trafficking, but to the minimum penalty proscribed (sic)\"", "sentence": "See State v....
193,118
b
We conclude that the mandatory nature of SS 44-53-370(e)(2)(a)(l) is clear under the plain meaning of the words employed, notwithstanding the fact that the word "mandatory" is only used to describe the sentence for a third and subsequent offense.
{ "signal": "cf.", "identifier": "279 S.E.2d 606, 607", "parenthetical": "finding statute describing possible prison term as \"not less than ten years nor more than twenty-five years\" prescribes a mandatory minimum sentence of ten years", "sentence": "See State v. Wilson, 315 S.C. 289, 294, 433 S.E.2d 864, 867...
{ "signal": "see", "identifier": "315 S.C. 289, 294", "parenthetical": "stating the precise quantity of drugs involved in trafficking in cocaine in violation of SS 44-53-370(e)(2), \"is pertinent, not to the classification of trafficking, but to the minimum penalty proscribed (sic)\"", "sentence": "See State v....
193,118
b
We conclude that the mandatory nature of SS 44-53-370(e)(2)(a)(l) is clear under the plain meaning of the words employed, notwithstanding the fact that the word "mandatory" is only used to describe the sentence for a third and subsequent offense.
{ "signal": "see", "identifier": "433 S.E.2d 864, 867", "parenthetical": "stating the precise quantity of drugs involved in trafficking in cocaine in violation of SS 44-53-370(e)(2), \"is pertinent, not to the classification of trafficking, but to the minimum penalty proscribed (sic)\"", "sentence": "See State ...
{ "signal": "cf.", "identifier": "276 S.C. 444, 446", "parenthetical": "finding statute describing possible prison term as \"not less than ten years nor more than twenty-five years\" prescribes a mandatory minimum sentence of ten years", "sentence": "See State v. Wilson, 315 S.C. 289, 294, 433 S.E.2d 864, 867 (...
193,118
a
We conclude that the mandatory nature of SS 44-53-370(e)(2)(a)(l) is clear under the plain meaning of the words employed, notwithstanding the fact that the word "mandatory" is only used to describe the sentence for a third and subsequent offense.
{ "signal": "see", "identifier": "433 S.E.2d 864, 867", "parenthetical": "stating the precise quantity of drugs involved in trafficking in cocaine in violation of SS 44-53-370(e)(2), \"is pertinent, not to the classification of trafficking, but to the minimum penalty proscribed (sic)\"", "sentence": "See State ...
{ "signal": "cf.", "identifier": "279 S.E.2d 606, 607", "parenthetical": "finding statute describing possible prison term as \"not less than ten years nor more than twenty-five years\" prescribes a mandatory minimum sentence of ten years", "sentence": "See State v. Wilson, 315 S.C. 289, 294, 433 S.E.2d 864, 867...
193,118
a
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": "19 Ill.Dec. 311, 311", "parenthetical": "where husband concealed his prior marital history from Roman Catholic wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": "19 Ill.Dec. 311, 311", "parenthetical": "where husband concealed his prior marital history from Roman Catholic wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": "378 N.E.2d 1186, 1186", "parenthetical": "where husband concealed his prior marital history from Roman Catholic wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A....
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "no signal", "identifier": "378 N.E.2d 1186, 1186", "parenthetical": "where husband concealed his prior marital history from Roman Catholic wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A....
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
10,382,507
a
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "no signal", "identifier": "77 Cal.Rptr. 430, 432", "parenthetical": "where husband's secret intent in marrying was to acquire an advantageous alien status and where he falsely promised to go through a subsequent religious ceremony", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where ...
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
10,382,507
a
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "no signal", "identifier": "77 Cal.Rptr. 430, 432", "parenthetical": "where husband's secret intent in marrying was to acquire an advantageous alien status and where he falsely promised to go through a subsequent religious ceremony", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where ...
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
10,382,507
a
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "where husband's secret intent in marrying was to acquire an advantageous alien status and where he falsely promised to go through a subsequent religious ceremony", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed h...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "no signal", "identifier": null, "parenthetical": "where husband's secret intent in marrying was to acquire an advantageous alien status and where he falsely promised to go through a subsequent religious ceremony", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed h...
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
10,382,507
a
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "where wife falsely represented at time of marriage that she was pregnant", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where husband...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "where wife falsely represented at time of marriage that she was pregnant", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where husband...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "no signal", "identifier": null, "parenthetical": "where husband failed to disclose his extreme anti-Semitism to wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where husband omitt...
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
10,382,507
a
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "where husband failed to disclose his extreme anti-Semitism to wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where husband omitt...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "no signal", "identifier": null, "parenthetical": "where husband failed to disclose his extreme anti-Semitism to wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where husband omitt...
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
10,382,507
a
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "where husband failed to disclose his extreme anti-Semitism to wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where husband omitt...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "where husband failed to disclose his extreme anti-Semitism to wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where husband omitt...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "where husband failed to disclose his extreme anti-Semitism to wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where husband omitt...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "no signal", "identifier": null, "parenthetical": "where wife secretly intended not to live with husband and not to adopt his name", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where ...
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
10,382,507
a
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "no signal", "identifier": null, "parenthetical": "where wife secretly intended not to live with husband and not to adopt his name", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where ...
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
10,382,507
a
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "where wife secretly intended not to live with husband and not to adopt his name", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where ...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
{ "signal": "no signal", "identifier": null, "parenthetical": "where wife secretly intended not to live with husband and not to adopt his name", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where ...
10,382,507
b
In determining fraud, courts have adopted a subjective standard and have considered the facts of the particular marriage.
{ "signal": "no signal", "identifier": null, "parenthetical": "where husband secretly intended not to live with his wife", "sentence": "Wolfe, 19 Ill.Dec. at 311, 378 N.E.2d at 1186 (where husband concealed his prior marital history from Roman Catholic wife); Costello, 282 A.2d 432 (where husband omitted to tel...
{ "signal": "see also", "identifier": null, "parenthetical": "where husband did not disclose he had tuberculosis and was a narcotics addict", "sentence": "See also Leventhal v. Liberman, 262 N.Y. 209, 186 N.E. 675 (1933) (where husband did not disclose he had tuberculosis and was a narcotics addict)." }
10,382,507
a