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values | relative_paragraph_id stringlengths 3 6 | text stringlengths 17 277k |
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mbe_4 | mbe | 4 | nan | nan | nan | nan | 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 ... |
mbe_5 | mbe | 5 | nan | nan | nan | nan | 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... |
mbe_28 | mbe | 28 | nan | nan | nan | nan | 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. |
mbe_37 | mbe | 37 | nan | nan | nan | nan | “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... |
mbe_49 | mbe | 49 | nan | nan | nan | nan | “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... |
mbe_97 | mbe | 97 | nan | nan | nan | nan | 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... |
mbe_127 | mbe | 127 | nan | nan | nan | nan | The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, Section 1, commands that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” The Equal Protection Clause does not prevent all classification, however. It simply forbids laws that treat p... |
mbe_142 | mbe | 142 | nan | nan | nan | nan | Parol, or extrinsic, evidence is only admissible if the terms of the contract are ambiguous, and can only be used to interpret, not contradict, the express language of the contract. Lincoln Elec. Co., 210 F.3d at 684. If the language of a contract “is clear and unambiguous ... there is no issue of fact to be determined... |
mbe_187 | mbe | 187 | nan | nan | nan | nan | Because the requirements for proper medical diagnosis and treatment ordinarily are not within the common knowledge of laypersons, a former patient who wishes to pursue a medical malpractice action generally must present expert testimony to the trier of fact. Dimmock v. Lawrence & Memorial Hospital, Inc., 286 Conn. 789,... |
mbe_214 | mbe | 214 | nan | nan | nan | nan | Battery is defined as “the unprivileged touching or striking of one person by another, done with the intent of bringing about either a contact or an apprehension of contact, that is harmful or offensive.” PIK Civ.3d 127.02; see Laurent, 1 Kan. at *431. The gravamen of a civil assault and battery is grounded upon the ac... |
mbe_224 | mbe | 224 | nan | nan | nan | nan | a strict liability products liability claim must establish “(1) the manufacturer's relationship to the product in question, (2) the unreasonably dangerous condition of the product, and (3) the existence of a proximate causal connection between the condition of the product and the plaintiff's injury.” Cintron v. Osmose ... |
mbe_236 | mbe | 236 | nan | nan | nan | nan | In the event that the original is unavailable, the party must provide a valid reason why. If the original document is not available, and the court finds the reason provided acceptable, then the party is allowed to use secondary evidence to prove the contents of the document and have it as admissible evidence. |
mbe_251 | mbe | 251 | nan | nan | nan | nan | A reputation witness must be qualified by showing that the witness has a sufficient acquaintance with the person, the community in which he has lived or worked, and the circles in which he has moved to speak with authority of the terms in which he is generally regarded. People v. Erickson, 883 P.2d 511 (Colo.App.1994);... |
mbe_264 | mbe | 264 | nan | nan | nan | nan | A waiver of Miranda rights may be implied through the defendant's silence, coupled with an understanding of his rights and a course of conduct indicating waiver. |
mbe_284 | mbe | 284 | nan | nan | nan | nan | Where a manufacturing defect causes an accident and the dealer has prior notice of difficulties apparently relating to the defect with an opportunity to discover and correct the defect, in order to avoid liability for damages occasioned by the defect the dealer has the burden of showing he made reasonable and adequate ... |
mbe_291 | mbe | 291 | nan | nan | nan | nan | An offer is defined as “the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.” Anderson v. United States, 344 F.3d 1343, 1353 (Fed.Cir.2003) (quoting Restatement (Second) of Contracts § 24); Frankl... |
mbe_303 | mbe | 303 | nan | nan | nan | nan | For purposes of 11 U.S.C. § 523(a)(4), “larceny” means the fraudulent and wrongful taking and carrying away of the property of another with intent to convert such property to the taker's use without the consent of the owner. Sherali v. S & S Food Corp. (In re Sherali), 490 B.R. 104, 124 (Bankr. N.D. Tex. 2013) |
mbe_9 | mbe | 9 | nan | nan | nan | nan | 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.”... |
mbe_19 | mbe | 19 | nan | nan | nan | nan | “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... |
mbe_26 | mbe | 26 | nan | nan | nan | nan | 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,... |
mbe_43 | mbe | 43 | nan | nan | nan | nan | 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... |
mbe_65 | mbe | 65 | nan | nan | nan | nan | 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... |
mbe_93 | mbe | 93 | nan | nan | nan | nan | 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... |
mbe_108 | mbe | 108 | nan | nan | nan | nan | The one-person, one-vote requirement applies both to states and to their political subdivisions.6 Local governments are not excused from the rule, for the “actions of local government are the actions of the State. A city, town, or county may no more deny the equal protection of the laws than it may abridge freedom of s... |
mbe_174 | mbe | 174 | nan | nan | nan | nan | To recover on a claim of strict liability for injury by a dangerous domesticated animal, a plaintiff must prove: (1) the defendant was the owner or possessor of the animal; (2) the animal had dangerous propensities abnormal to its class; (3) the defendant knew or had reason to know the animal had dangerous propensities... |
mbe_180 | mbe | 180 | nan | nan | nan | nan | an administrator who within the year allowed by statute pays a creditor's claim in full, acting upon the honest belief that the estate is solvent, may, upon the estate proving actually insolvent, recover back the difference between the amount so paid and the pro rata share which the creditor would have been entitled to... |
mbe_192 | mbe | 192 | nan | nan | nan | nan | Rebuttal evidence is proper when it directly or indirectly explains, counteracts, repels, or disproves a defendant's evidence. |
mbe_218 | mbe | 218 | nan | nan | nan | nan | Under the rational basis test, this court must determine whether (1) the legislation applies alike to all members within the designated class, (2) there are reasonable grounds to distinguish between those within and those without that class, and (3) the classification has a rational relationship to the proper purpose o... |
mbe_237 | mbe | 237 | nan | nan | nan | nan | A defendant is liable for defaming a private person if he knowingly or recklessly publishes a false and disparaging communication concerning that person to a third party. |
mbe_244 | mbe | 244 | nan | nan | nan | nan | To prove assumption of risk, a defendant must show: (1) that the plaintiff had actual or constructive knowledge of the existence of the specific risk involved; (2) that the plaintiff appreciated the risk's character; and (3) that the plaintiff voluntarily accepted the risk, having had the time, knowledge, and experienc... |
mbe_246 | mbe | 246 | nan | nan | nan | nan | [F]ixtures and trade fixtures are differentiated under the law. A fixture is an item of personal property which is incorporated into or attached to realty. Nokomis Quarry Co. v. Dietl, 333 Ill.App.3d 480, 484, 266 Ill.Dec. 829, 775 N.E.2d 669 (2002). Because a fixture is deemed a part of the realty, it cannot be remove... |
mbe_259 | mbe | 259 | nan | nan | nan | nan | To establish a claim for wrongful discharge in violation of public policy, Mendlovic must show (1) that a clear public policy existed and was manifested in a state or federal constitution, statute or administrative regulation, or in the common law; (2) that dismissing employees under circumstances like those involved i... |
mbe_270 | mbe | 270 | nan | nan | nan | nan | “Comparative negligence” means a failure to do an act that a reasonably careful person would do, or the doing of an act that a reasonably careful person would not do, under the same or similar circumstances, to protect himself or herself from bodily injury. |
mbe_299 | mbe | 299 | nan | nan | nan | nan | Where no time is fixed for the return of goods sold subject to the satisfaction of the buyer, they must be returned, or an offer made to return them, within a reasonable time; and a request for shipping directions and a statement that upon receiving them the goods will be returned is a sufficient offer to return. |
mbe_301 | mbe | 301 | nan | nan | nan | nan | “A party's obligation to perform under a contract is only excused when the other party's breach of the contract is so substantial that it defeats the object of the parties in making the contract.” Frank Felix Associates, Ltd. v. Austin Drugs, Inc., 111 F.3d 284, 289 (2d Cir.1997). See also Medical Malpractice Ins. Asso... |
mbe_306 | mbe | 306 | nan | nan | nan | nan | When a state law does not discriminate against interstate commerce, but burdens it in some way, the law will violate the dormant Commerce Clause under a rational basis test only if the burden on interstate commerce is clearly excessive in relation to the putative local benefits. U.S. Const. art. 1, § 8, cl. 3. |
mbe_0 | mbe | 0 | nan | nan | nan | nan | 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... |
mbe_34 | mbe | 34 | nan | nan | nan | nan | 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... |
mbe_54 | mbe | 54 | nan | nan | nan | nan | 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’... |
mbe_55 | mbe | 55 | nan | nan | nan | nan | 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. |
mbe_62 | mbe | 62 | nan | nan | nan | nan | 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... |
mbe_70 | mbe | 70 | nan | nan | nan | nan | 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... |
mbe_84 | mbe | 84 | nan | nan | nan | nan | 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... |
mbe_86 | mbe | 86 | nan | nan | nan | nan | 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 ... |
mbe_91 | mbe | 91 | nan | nan | nan | nan | 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... |
mbe_105 | mbe | 105 | nan | nan | nan | nan | Photographs are generally admissible if they illustrate any fact, shed any light upon an issue in the case, or are relevant to describe the person, thing or place depicted, assuming that their probative value outweighs any prejudicial effect. See State v. Hopkins, 39,730 (La.App.2d Cir.8/17/05), 908 So.2d 1265; State v... |
mbe_116 | mbe | 116 | nan | nan | nan | nan | The Tenants in Common agree that any Tenant in Common (and any of his successors-in-interest) shall have the right at any time to file a complaint or institute any proceeding at law or in equity to have the Property partitioned in accordance with and to the extent provided by applicable law. The Tenants in Common ackno... |
mbe_126 | mbe | 126 | nan | nan | nan | nan | “[F]ederal jurisdiction demands not only a contested federal issue, *1010 but a substantial one, indicating a serious federal interest in claiming the advantages thought to be inherent in a federal forum.” Singh, 538 F.3d at 338. |
mbe_144 | mbe | 144 | nan | nan | nan | nan | Because an attorney's negligence is imputed to his client, Hatami–Miri is unable to establish “cause” for his procedural default. See Lee v. INS, 685 F.2d 343 (9th Cir.1982) (dismissing a petition for review from the BIA as untimely where petitioners did not receive timely notice of the BIA's decision because their att... |
mbe_151 | mbe | 151 | nan | nan | nan | nan | Either a sale of land or a rescission of an executory contract for the sale of land would be within the statute of frauds and would require some evidence in writing to sustain it. Statute of Frauds, S.H.A. ch. 59, § 1. |
mbe_158 | mbe | 158 | nan | nan | nan | nan | "No State shall . . pass . . . any law impairing the obligation of contracts." This provision of Article I, Section io of the United States Constitution, is a direct prohibition on the enactment of state laws that have a retroactive effect to impair the obligations and rights arising under contracts entered into prior ... |
mbe_164 | mbe | 164 | nan | nan | nan | nan | Common law burglary is defined as the breaking and entering of a dwelling house of another in the nighttime with the intent to commit a felony therein. State v. Cooper, 288 N.C. 496, 219 S.E.2d 45 (1975). Burglary in the first degree occurs when the crime is committed while the dwelling house or sleeping apartment is a... |
mbe_175 | mbe | 175 | nan | nan | nan | nan | In order to sustain a claim for negligence, a plaintiff must be able to establish “(1) a legal duty; (2) a breach of this duty; (3) an injury; and (4) a causal connection between the breach and the injury.” Persinger v. Step By Step Infant Dev. Ctr., 253 Ga. App. 768, 769, 560 S.E.2d 333 (2002) (quoting Vaughan v. Glym... |
mbe_195 | mbe | 195 | nan | nan | nan | nan | The part -performance exception to the Statute of Frauds is a matter in avoidance of the affirmative defense of the Statute of Frauds, and, therefore, once a party makes a prima facie showing that a contract meets the criteria of the provision containing such exception, the opposing party bears the burden of proving th... |
mbe_197 | mbe | 197 | nan | nan | nan | nan | The last clear chance doctrine, which doctrine is a plaintiff's defense to a defendant's allegation that the plaintiff was contributorily negligent, contemplates two or more parties who are both negligent, but one is in helpless peril unable to avoid the imminent danger; the doctrine imposes liability on the party who ... |
mbe_199 | mbe | 199 | nan | nan | nan | nan | the essential elements of negligent inspection are the same as general negligence, i.e., the existence of a legal duty, breach of that duty, damages, and a causal connection between the defendant's conduct and the plaintiff's injury. |
mbe_230 | mbe | 230 | nan | nan | nan | nan | Because use of the least restrictive means is determined in light of the specific interest asserted as compelling, we must ordinarily determine which government interest is compelling. See id. (requiring the state to use “[t]he least restrictive means of furthering that compelling governmental interest” (emphasis added... |
mbe_234 | mbe | 234 | nan | nan | nan | nan | ‘Broadly stated, equal protection of the laws means “that no person or class of persons shall be denied the same protection of the laws [that] is enjoyed by other persons or other classes in like circumstances in their lives, liberty and property and in their pursuit of happiness.” [Citation.]’ [Citation.].... Thus, ..... |
mbe_249 | mbe | 249 | nan | nan | nan | nan | Under the Model Penal Code, a person is guilty of battery if he “purposely, knowingly or recklessly causes bodily injury to another.” Model Penal Code § 211.1(1)(a) (Official Draft 1962). Although section 211.1 is entitled “Assault,” it incorporates the crime of battery. See id., cmt. 2 at 183–84. |
mbe_279 | mbe | 279 | nan | nan | nan | nan | “Our case law provides that [a] person operates a motor vehicle within the meaning of [§ 14-227a], when in the vehicle he intentionally does any act or makes use of any mechanical or electrical agency which alone or in sequence will set in motion the motive power of the vehicle.” (Internal quotation marks omitted.) Sta... |
mbe_294 | mbe | 294 | nan | nan | nan | nan | Exception to general rule that only personal representatives of testator's estate had standing and capacity to recover estate property when personal representative could not, or would not, bring suit or personal representative's interests were antagonistic to those of estate did not apply to ancillary matter that testa... |
mbe_315 | mbe | 315 | nan | nan | nan | nan | the so-called “eggshell plaintiff” rule. Under this principle, the tortfeasor is responsible for the full extent of the plaintiff's damages even if those injuries would not have occurred but for the plaintiff's pre-existing physical condition, disease, or susceptibility to injury. |
mbe_1 | mbe | 1 | nan | nan | nan | nan | 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... |
mbe_3 | mbe | 3 | nan | nan | nan | nan | 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... |
mbe_21 | mbe | 21 | nan | nan | nan | nan | 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... |
mbe_52 | mbe | 52 | nan | nan | nan | nan | 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 |
mbe_69 | mbe | 69 | nan | nan | nan | nan | 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... |
mbe_92 | mbe | 92 | nan | nan | nan | nan | 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 ... |
mbe_131 | mbe | 131 | nan | nan | nan | nan | “To constitute adverse possession, the possession must be continuous, hostile, open, actual, notorious and exclusive for ... [the required] statutory period.” Davis v. Monteith, 289 S.C. 176, 180, 345 S.E.2d 724, 726 (1986). |
mbe_138 | mbe | 138 | nan | nan | nan | nan | Proximate cause is the cause that in a natural and continuous sequence, unbroken by any superseding cause, both produced the injury and was necessary for the injury. The injury must be the natural and probable consequence of the wrongful act. Individuals are not responsible for all possible consequences arising from th... |
mbe_160 | mbe | 160 | nan | nan | nan | nan | A recorded deed raises a presumption that it is valid and effective. Resolution Trust Corp. v. Hardisty, 269 Ill.App.3d 613, 619, 207 Ill.Dec. 62, 646 N.E.2d 628 (1995). In order to rebut the presumption of validity, the party challenging the deed's validity must present clear and convincing evidence that the deed is n... |
mbe_161 | mbe | 161 | nan | nan | nan | nan | Although an owner has an “important property right” to “have reasonable access for ingress and egress,” Shearer, 174 N.H. at 34, 259 A.3d 818, that right must be balanced against the property rights of persons who own the land underneath the discontinued highway. See id. at 30, 259 A.3d 818 (explaining that when a publ... |
mbe_226 | mbe | 226 | nan | nan | nan | nan | To prove voluntary manslaughter, the prosecution must prove that: (1) the defendant killed in the heat of passion; (2) the passion was caused by adequate provocation; and (3) **223 there was no lapse of time during which a reasonable person could have controlled his passions. People v. Sullivan, 231 Mich.App. 510, 518,... |
mbe_250 | mbe | 250 | nan | nan | nan | nan | A “reasonable expectation of privacy” is “said to be an expectation ‘that has a source outside of the Fourth Amendment, either by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society.’ ” United States v. Jones, 132 S.Ct. at 951. See United States v. Ha... |
mbe_271 | mbe | 271 | nan | nan | nan | nan | A duty of care may arise from four sources: “(1) legislative enactments or administration regulations; (2) judicial interpretations of such enactments or regulations; (3) other judicial precedent; and (4) a duty arising from the general facts of the case.” Clay Elec. Co–op., Inc. v. Johnson, 873 So.2d 1182, 1185 (Fla. ... |
mbe_274 | mbe | 274 | nan | nan | nan | nan | Federalism is a bedrock of our Constitution and political system. But the division of power between federal and state governments remains controversial despite its long history. Consider the present debate over the U.S. Senate and the system for electing the president, which give disproportionate power to states with s... |
mbe_313 | mbe | 313 | nan | nan | nan | nan | A statute's violation is deemed negligence per se if the claimed injury (a) was caused by the law's violation, (b) was of the type intended to be prevented by the statute, and (c) the injured party was a member of the class meant to be protected by the statute. Lockhart, ¶ 6. The determinative issue of law in this appe... |
mbe_8 | mbe | 8 | nan | nan | nan | nan | 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). |
mbe_38 | mbe | 38 | nan | nan | nan | nan | 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... |
mbe_40 | mbe | 40 | nan | nan | nan | nan | “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... |
mbe_41 | mbe | 41 | nan | nan | nan | nan | 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... |
mbe_95 | mbe | 95 | nan | nan | nan | nan | 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... |
mbe_118 | mbe | 118 | nan | nan | nan | nan | Implied-in-fact contract An implied-in-fact contract is formed when parties’ promises are inferred from their intentional conduct and one party knows or at least has reason to know the other party will interpret the conduct as assent or an agreement. For instance, if a customer accepts services from a merchant or gets ... |
mbe_135 | mbe | 135 | nan | nan | nan | nan | A party is permitted to ask leading questions on direct examination when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, and there is no limit on the number of leading questions the party may ask. |
mbe_152 | mbe | 152 | nan | nan | nan | nan | “A fully integrated agreement is a statement which the parties have adopted as a complete and exclusive expression of their agreement.” Starr v. Fordham, 420 Mass. 178, 188 n. 8, 648 N.E.2d 1261 (1995), citing Restatement (Second) of Contracts § 210(1) (1981). Such an agreement discharges prior agreements to the extent... |
mbe_171 | mbe | 171 | nan | nan | nan | nan | Although it is permissible to establish by parol that a deed absolute on its face was intended as a mortgage, yet, when the parties themselves put into writing the means by which the effect of the deed may be obviated, and the title returned to the grantor therein, whose writings supersede any oral understanding, unles... |
mbe_184 | mbe | 184 | nan | nan | nan | nan | To support their claim of private nuisance, plaintiffs were required to show that (1) defendants interfered with the use or enjoyment of their property rights and privileges; (2) defendants' invasion of those property interests caused plaintiffs significant harm; and (3) the invasion was either intentional and unreason... |
mbe_186 | mbe | 186 | nan | nan | nan | nan | Expert opinion may touch on issues within a layperson's knowledge while providing specialized context for understanding how to connect the dots, to utilize that knowledge within a medical field otherwise foreign to the jury, and to understand how these assumptions may or may not translate to that area of expertise. Fed... |
mbe_188 | mbe | 188 | nan | nan | nan | nan | A collateral matter is evidence solely affecting the credibility of a witness. While questioned about a collateral matter, the party cross examining the witness is bound by the witness's answer to matters solely affecting credibility. |
mbe_190 | mbe | 190 | nan | nan | nan | nan | For there to be a voluntary waiver of Miranda rights, the State must demonstrate: “1) that the waiver was the result of a free choice on the part of the defendant and not the product of intimidation, coercion, or deception; and 2) the waiver was made with a full awareness of the nature of the right being abandoned and ... |
mbe_205 | mbe | 205 | nan | nan | nan | nan | The crime of attempt is complete when the intent to commit the underlying crime is coupled with sufficient acts to demonstrate the improbability of free will desistance; the actual intervention of an extraneous factor is not a “third element” of the crime of attempt, although it is often part of the proof. See id. at 3... |
mbe_206 | mbe | 206 | nan | nan | nan | nan | (a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to: (1) make those procedures effective for determining the truth; (2) avoid wasting time; and (3) protect witnesses from harassment or undue embarrassment. (b) ... |
mbe_207 | mbe | 207 | nan | nan | nan | nan | The Self–Incrimination Clause of the Fifth Amendment to the United States Constitution provides that “[n]o person ... shall be compelled in any criminal case to be a witness against himself.” U.S. Const. amend. V, cl. 2. To assert this privilege against self-incrimination, as an initial matter, a witness' fear of convi... |
mbe_213 | mbe | 213 | nan | nan | nan | nan | Plaintiffs must establish four elements to prove the existence of a contract: “(1) identifiable parties capable of contracting; (2) their consent; (3) a lawful object; and (4) a sufficient cause or consideration.” Section 28–2–102, MCA. |
mbe_242 | mbe | 242 | nan | nan | nan | nan | Because DUI manslaughter is not a specific intent crime, but rather a general intent crime, voluntary intoxication is not a defense to DUI manslaughter. |
mbe_266 | mbe | 266 | nan | nan | nan | nan | Generally, the grant of an easement over land does not preclude the grantor from using the land in any manner which does not unreasonable interfere with the special use for which the easement was acquired. Minneapolis Athletic Club v. Cohler, 287 Minn. 254, 177 N.W.2d 786 (1970). This includes the granting of additiona... |
mbe_267 | mbe | 267 | nan | nan | nan | nan | To regard a contract as “of the essence,” one of two conditions must be satisfied: either the contract must expressly state that time is of the essence or there must be a clear indication that the parties intended for time to be of the essence. Ferrara, 919 So.2d at 885(¶ 25). In the absence of either condition, time ... |
mbe_285 | mbe | 285 | nan | nan | nan | nan | The difficulty lies in the meaning to be assigned to foreseeable risk. It has been noted that in determining whether certain events are within the risk created, the courts have been compelled of necessity to resort to hindsight rather than foresight. Restatement (Second) of Torts, § 281 comment g (1965). A post hoc st... |
mbe_295 | mbe | 295 | nan | nan | nan | nan | Enforcement of zoning ordinances is akin to enforcement of deed-restriction ordinances. Both accomplish the same objectives. The enforcement of zoning ordinances provides a judicial forum for aggrieved landowners to resolve conflicting interests in land use. See Farmer v. Thompson, 289 S.W.2d 351, 355 (Tex.Civ.App.-For... |
mbe_297 | mbe | 297 | nan | nan | nan | nan | The Equal Protection Clause absolutely prohibits the use of race in many governmental contexts. To cite only a few: the government may not use race to decide who may serve on juries, who may use public services, who may marry, and who may be fit parents. The use of race in these situations is “utterly irrational” becau... |
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