1 California Evidence (5th), Burden of Proof and Presumptions
|
|
- Donald Potter
- 5 years ago
- Views:
Transcription
1 1 California Evidence (5th), Burden of Proof and Presumptions I. THE TWO BURDENS A. [ 1] In General. B. [ 2] Burden of Producing Evidence. C. [ 3] Burden of Proof. D. [ 4] Burdens in Determining Preliminary Facts. II. ALLOCATION OF BURDENS IN CIVIL CASES A. [ 5] Burden of Producing Evidence. B. Burden of Proof. 1. [ 6] Former Rule. 2. Evidence Code. (a) General Rule: Facts Essential to Claim or Defense. (1) [ 7] Theory of Rule. (2) [ 8] Facts Essential to Claim. (3) [ 9] Facts Essential to Defense. (4) [ 10] Negative Averments. (b) Factors Calling for Altered Burden. (1) [ 11] Bases for Exceptions. (2) [ 12] Knowledge of Party. (3) [ 13] Availability of Evidence. (4) [ 14] Proof of Causation. 3. Burden on Specific Issues. (a) [ 15] Guilt of Crime or Wrong. (b) [ 16] Failure To Exercise Due Care. (c) [ 17] Insanity. (d) [ 18] Eminent Domain Proceedings. (e) [ 19] Ownership of Motor Vehicle. (f) [ 20] Land Patented or Granted by State. (g) [ 21] State Board of Equalization Proceeding. III. ALLOCATION OF BURDENS IN CRIMINAL CASES A. Presumption of Innocence and Prosecution s Burden of Proof. 1. [ 22] Constitutional Basis. 2. [ 23] Statutory Restatement. 3. Instructions to Jury. (a) [ 24] Proper Instructions. (b) [ 25] Improper Variations. (c) [ 26] Right to Presence of Counsel During Instruction. B. [ 27] Burden of Producing Evidence on Certain Defenses. C. Burden of Proof on Certain Defenses. 1. [ 28] In General. 2. [ 29] Insanity. 3. [ 30] Whether Witness Was Accomplice. 4. [ 31] Other Special Defenses. D. [ 32] Burden of Proving Incompetence. E. [ 33] Burden in Own Recognizance Release of Arrestee.
2 F. [ 34] Burden in Eyewitness Identification. IV. DEGREE OR MEASURE OF PROOF A. [ 35] Requisite Degree of Belief: In General. B. Civil Cases. 1. Preponderance of Evidence. (a) [ 36] In General. (b) [ 37] Proof of Crime or Fraud. (c) [ 38] Proof in Dependency Hearing. 2. Clear and Convincing Evidence. (a) [ 39] Nature of Requirement. (b) [ 40] Issues Requiring Such Proof. 3. [ 41] Beyond Reasonable Doubt. C. Criminal Cases. 1. Prosecution s Burden. (a) [ 42] Beyond Reasonable Doubt. (b) [ 43] Preponderance of Evidence. (c) [ 44] Other Standards. 2. Defendant s Burden. (a) [ 45] In General. (b) [ 46] Insanity. (c) [ 47] Other Issues Relating to Guilt. (d) [ 48] Miscellaneous Issues. V. NATURE AND EFFECT OF REBUTTABLE PRESUMPTIONS A. Former Law. 1. [ 49] Nature of Problem. 2. [ 50] Presumptions and Inferences as Evidence. 3. [ 51] Presumption or Inference Dispelled. B. [ 52] Model Code, Uniform Rules, and Federal Rules. C. Evidence Code. 1. [ 53] Presumption Is Not Evidence. 2. Classification in Civil Cases. (a) [ 54] In General. (b) Presumptions Affecting Burden of Producing Evidence. (1) [ 55] Nature. (2) [ 56] Effect. (c) Presumptions Affecting Burden of Proof. (1) [ 57] Nature. (2) [ 58] Effect. 3. Presumptions Establishing Element of Crime. (a) Nature and Effect of Presumption. (1) [ 59] Purpose: Policy or Convenience. (2) [ 60] Effect. (3) [ 61] Presumption Construed as Inference. (b) [ 62] Rational Connection Test. (c) Illustrations. (1) [ 63] Miscellaneous Offenses.
3 (2) Drugs. (aa) [ 64] In General. (bb) [ 65] Marijuana. (cc) [ 66] Heroin. (dd) [ 67] Cocaine. VI. EVIDENCE CODE PRESUMPTIONS: BURDEN OF PRODUCING EVIDENCE A. [ 68] In General. B. [ 69] Money Delivered Was Due. C. [ 70] Thing Delivered Was Owned. D. [ 71] Obligation Delivered to Debtor. E. [ 72] Possession of Own Order. F. [ 73] Obligation Possessed by Creditor. G. [ 74] Payment of Earlier Rent or Installments. H. [ 75] Ownership of Things Possessed. I. [ 76] Exercise of Acts of Ownership. J. [ 77] Judgment Correctly Determines Rights. K. [ 78] Writing Truly Dated. L. [ 79] Letter Received. M. [ 80] Conveyance to Person Under Duty. N. [ 81] Authenticity of Ancient Instruments. O. [ 82] Publicly Published Book. P. [ 83] Reported Decisions. Q. [ 84] Newspaper or Periodical. R. [ 85] Res Ipsa Loquitur Codified. S. [ 86] Facts in Return of Process or Notice. VII. EVIDENCE CODE PRESUMPTIONS: BURDEN OF PROOF A. [ 87] In General. B. [ 88] Legal and Beneficial Title. C. [ 89] Ceremonial Marriage Valid. D. Official Duty Regularly Performed. 1. [ 90] In General. 2. [ 91] Official Conduct Challenged in Criminal Proceeding. E. [ 92] Ordinary Consequences of Voluntary Act. F. [ 93] Jurisdiction of Court. G. Death Presumed From 5 Years Absence. 1. [ 94] Nature of Presumption and Proof of Absence. 2. [ 95] Presumption of Life During Period. H. [ 96] Unlawful Intent From Unlawful Act. I. [ 97] Negligence Per Se. J. [ 98] Official Writings Affecting Property. K. [ 99] Impact of Zoning Ordinance. L. [ 100] Payment of Check by Bank. VIII. FORMER PRESUMPTIONS NOT RESTATED AS PRESUMPTIONS A. [ 101] Presumptions Eliminated. B. [ 102] Presumptions Restated as Maxims. C. [ 103] Presumptions Restated as Rules of Burden of Proof.
4 D. [ 104] Presumptions Treated as Bases for Inferences. IX. PRESUMPTIONS NOT IN EVIDENCE CODE A. In General. 1. [ 105] Nature and Sources. 2. [ 106] The Problem of Classification. B. Presumptions Stated in Other Codes. 1. [ 107] Contracts and Commercial Transactions. 2. [ 108] Property. 3. Family and Probate Issues. (a) [ 109] Parent-Child Relationship. (b) [ 110] Other Issues. 4. [ 111] Vehicle Code Presumptions. 5. [ 112] Miscellaneous Presumptions. C. Nonstatutory Presumptions. 1. [ 113] Scope of Employment and Agency. 2. [ 114] Driving With Permission. 3. [ 115] Other Judicially Declared Presumptions. X. RES IPSA LOQUITUR A. Nature of Doctrine. 1. [ 116] In General. 2. [ 117] Theory of Probability of Negligence. 3. Defendant s Superior Knowledge. (a) [ 118] As a Factor Justifying Application. (b) [ 119] Not a Condition. B. [ 120] Codification of Doctrine. C. Effect of Doctrine. 1. [ 121] Plaintiff s Burden of Proof. 2. Defendant s Burden of Producing Evidence. (a) [ 122] Rule and Test. (b) [ 123] Illustrations: Presumption Overcome. (c) [ 124] Illustrations: Burden Not Satisfied. D. Effect of Specific Pleading, Proof, or Findings. 1. [ 125] Specific Pleading. 2. [ 126] Specific Proof. 3. [ 127] Specific Findings. E. Instructions. 1. [ 128] CACI Forms. 2. [ 129] BAJI Forms. 3. [ 130] Necessary Conditions for Application. F. Illustrations of Application of Doctrine. 1. [ 131] Carriers. 2. [ 132] Motor Vehicles. 3. [ 133] Boats. 4. [ 134] Private Airplanes. 5. [ 135] Falling Objects. 6. [ 136] Defective Appliances and Equipment.
5 7. [ 137] Explosions. 8. [ 138] Bursting Bottles. 9. Medical Malpractice. (a) [ 139] Modern Development. (b) [ 140] Illustrations. (c) Common Knowledge and Expert Testimony. (1) [ 141] Former Restrictive Rule. (2) [ 142] Approach of Later Cases. (3) [ 143] Illustrations. (4) [ 144] Unusual Result Following Complex Procedure. 10. [ 145] Other Situations. G. Limitations on Application of Doctrine. 1. Defendant s Control. (a) In General. (1) [ 146] Nature and Theory of Condition. (2) [ 147] Third Person in Control. (3) [ 148] Plaintiff or Decedent in Control. (b) Constructive Control (Condition Unchanged). (1) [ 149] Bursting Bottles. (2) [ 150] Other Situations. (c) Multiple Defendants. (1) [ 151] Medical Malpractice. (2) [ 152] Other Situations. (3) [ 153] Special Relationship Between Defendants Is Not Required. 2. Circumstances Not Indicative of Negligence. (a) [ 154] Balancing Probabilities: In General. (b) [ 155] Slip and Fall Cases. (c) [ 156] Other Situations. 3. Plaintiff s Voluntary Act. (a) [ 157] Contributory Fault. (b) [ 158] Conduct Is Not Responsible Cause. (c) [ 159] Self-Harm by Psychiatric Patient. 4. Action Based on Strict Liability. (a) [ 160] Exclusive Reliance on Strict Liability. (b) [ 161] Reliance on Strict Liability and Negligence. XI. INCONSISTENT PRESUMPTIONS A. [ 162] In General. B. [ 163] Validity of Second Marriage. XII. CONCLUSIVE PRESUMPTIONS A. [ 164] Nature of Conclusive Presumptions. B. Statutory Listing. 1. [ 165] In Evidence Code. 2. In Other Codes. (a) [ 166] Parentage. (b) [ 167] Other Presumptions.
6 C. [ 168] Nonstatutory Conclusive Presumptions. D. Constitutionality. 1. [ 169] In General. 2. [ 170] Parentage.
Chapter XIX EQUITY CONDENSED OUTLINE
Chapter XIX EQUITY CONDENSED OUTLINE I. NATURE AND SCOPE OF EQUITY B. Equitable Maxims and Other General Doctrines. C. Marshaling Assets. II. SPECIFIC PERFORMANCE OF CONTRACTS B. When Specific Performance
More information2 California Procedure (5th), Courts
2 California Procedure (5th), Courts I. INTRODUCTION A. Judges. 1. [ 1] Qualification. 2. Selection. (a) Reviewing Courts. (1) [ 2] In General. (2) [ 3] Confirmation Election. (b) [ 4] Superior Court.
More informationHEALTH CARE LIABILITY UPDATE, 2014
HEALTH CARE LIABILITY UPDATE, 2014 PAULA SWEENEY Slack & Davis 2911 Turtle Creek Boulevard Suite 1400 Dallas Texas 75219 (214) 528-8686 psweeney@slackdavis.com State Bar of Texas ADVANCED MEDICAL TORTS
More informationSUMMARY OF CONTENTS Oregon Jury Instructions for Civil Cases USERS GUIDE... (11/08)
SUMMARY OF CONTENTS Oregon Jury Instructions for Civil Cases USERS GUIDE... (11/08) CAUTIONARY 5. GENERAL CAUTIONARY INSTRUCTIONS Introduction... 5.00 (11/08) Precautionary Instructions... 5.01 (11/08)
More informationNegligence: Elements
Negligence: Elements 1) Duty: The defendant must owe a duty to the plaintiff to avoid causing the harm that was eventually caused. 2) Breach: The defendant must have breached this duty by acting unreasonably
More informationCONTRACTS. A contract is a legally enforceable agreement between two or more parties whereby they make the future more predictable.
CONTRACTS LESE Spring 2002 O'Hara 1 A contract is a legally enforceable agreement between two or more parties whereby they make the future more predictable. Contracts are in addition to the preexisting,
More information(A) subject to the condition that the person not commit a Federal, State, or local crime during the period of release
Title: New Jersey Bail Reform Act Section 1: Release or detention of a defendant pending trial 1 a. In general This Section shall be liberally construed to effectuate the purpose of relying upon contempt
More information8 California Procedure (5th), Attack on Judgment in Trial Court
8 California Procedure (5th), Attack on Judgment in Trial Court I. INTRODUCTION A. Direct Attack. 1. [ 1] Nature and Significance of Concept. 2. Methods of Direct Attack. (a) [ 2] In Trial Court. (b) [
More informationFLORIDA STATE COLLEGE AT JACKSONVILLE COLLEGE CREDIT COURSE OUTLINE. ENC 1101 or ENC 1101C, PLA 1003 (each
Form 2A, Page 1 FLORIDA STATE COLLEGE AT JACKSONVILLE COLLEGE CREDIT COURSE OUTLINE COURSE NUMBER: PLA 2273 COURSE TITLE: PREREQUISITE(S): with a grade of C or Tort Law ENC 1101 or ENC 1101C, PLA 1003
More informationTable of contents. Foreword to the sixth edition 5. Translator's Note 7. Table of contents 9. A. General Structures 15. B.
Table of contents Foreword to the sixth edition 5 Translator's Note 7 Table of contents 9 A. General Structures 15 I. The Legal Tradition, Areas of Law and Sources of Law 15 1. The Legal Tradition 15 2.
More informationSummary of Contents. PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2
Summary of Contents Director s Foreword... Editor s Foreword... iii v PART I. INTRODUCTION Chapter 1. An Introduction to the Restatement of Torts... 2 PART II. INTENTIONAL HARM TO PERSONS OR PROPERTY Chapter
More informationCalifornia Evidence Code-Federal Rules of Evidence
California Evidence Code-Federal Rules of Evidence IV. Presumptions and Burden of Proof: Conforming the California Evidence Code to the Federal Rules of Evidence By MIGUEL A. MItNDEZ* Table of Contents
More informationCriminal Forfeiture Act
Criminal Forfeiture Act Model Legislation March 20, 2017 100:1 Definitions. As used in this chapter, the terms defined in this section have the following meanings: I. Abandoned property means personal
More informationThe section Causation: Actual Cause and Proximate Cause from Business Law and the Legal Environment was adapted by The Saylor Foundation under a
The section Causation: Actual Cause and Proximate Cause from Business Law and the Legal Environment was adapted by The Saylor Foundation under a Creative Commons Attribution- NonCommercial-ShareAlike 3.0
More information1 California Procedure (5th), Attorneys
1 California Procedure (5th), Attorneys I. INTRODUCTION A. [ 1] Organization of Chapter. B. [ 2] Statutory and Regulatory Framework. B-1. [ 2A] (New) Reorganization of State Bar Rules. C. Nature and Function
More informationTitle 15: COURT PROCEDURE -- CRIMINAL
Title 15: COURT PROCEDURE -- CRIMINAL Chapter 517: ASSET FORFEITURE Table of Contents Part 7. ASSET FORFEITURE... Section 5821. SUBJECT PROPERTY... 3 Section 5821-A. PROPERTY NOT SUBJECT TO FORFEITURE
More informationIN THE COURT OF COMMON PLEAS OF GREENE COUNTY, PENNSYLVANIA IN THE CRIMINAL DIVISION
-GR-102-Guilty Plea IN THE COURT OF COMMON PLEAS OF GREENE COUNTY, PENNSYLVANIA IN THE CRIMINAL DIVISION COMMONWEALTH OF PENNSYLVANIA ) NO. Criminal Sessions, VS. ) Charge: ) ) Defendant. ) BEFORE THE
More information1 California Criminal Law (4th), Crimes Against the Person
1 California Criminal Law (4th), Crimes Against the Person I. ASSAULT AND BATTERY A. In General. 1. Nature of Offenses. (a) [ 1] In General. (b) [ 2] Relationship Between Offenses. (c) [ 3] Classification
More informationThe Impact of the Texas Medical Liability and Insurance Improvement Act on Informed Consent Recovery in Medical Malpractice Litigation
Texas A&M University School of Law Texas A&M Law Scholarship Faculty Scholarship 1979 The Impact of the Texas Medical Liability and Insurance Improvement Act on Informed Consent Recovery in Medical Malpractice
More informationPatent Resources Group Federal Circuit Law Course Syllabus
I. Novelty and Loss of Right to a Patent II. III. IV. A. Anticipation 1. Court Review of PTO Decisions 2. Claim Construction 3. Anticipation Shown Through Inherency 4. Single Reference Rule Incorporation
More information6 California Procedure (5th), Proceedings Without Trial
6 California Procedure (5th), Proceedings Without Trial I. MOTIONS A. In General. 1. [ 1] Application for Order. 2. [ 2] Types of Motions. 3. [ 3] Main Action of Proceeding. 4. [ 4] Party to Proceeding.
More information[Related Statewide Rule NMRA]
[Related Statewide Rule 1-016 NMRA] LR3-203. Civil case control. A. Case management scope. This case management system is to guide and control the progress of cases from filing of the complaint to the
More informationNEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:
NEGLIGENCE WHAT IS NEGLIGENCE? Negligence is unintentional harm to others as a result of an unsatisfactory degree of care. It occurs when a person NEGLECTS to do something that a reasonably prudent person
More informationLEGAL GLOSSARY Additur Adjudication Admissible evidence Advisement Affiant - Affidavit - Affirmative defense - Answers to Interrogatories - Appeal -
Additur - An increase by a judge in the amount of damages awarded by a jury. Adjudication - Giving or pronouncing a judgment or decree; also, the judgment given. Admissible evidence - Evidence that can
More information2 California Evidence (5th), Witnesses
2 California Evidence (5th), Witnesses I. ATTENDANCE AND COMPENSATION A. [ 1] Who May Compel Attendance. B. When Witnesses Must Attend. 1. Civil Cases. (a) [ 2] Witness Residing in County. (b) [ 3] Witness
More information6 California Criminal Law (4th), Criminal Appeal
6 California Criminal Law (4th), Criminal Appeal I. IN GENERAL A. [ 1] Appellate Jurisdiction. B. [ 2] Appellate Rules. C. Extension of Time. 1. [ 3] In General. 2. [ 4] Factors Considered. D. Right of
More informationTitle 17-A: MAINE CRIMINAL CODE
Title 17-A: MAINE CRIMINAL CODE Chapter 2: CRIMINAL LIABILITY; ELEMENTS OF CRIMES Table of Contents Part 1. GENERAL PRINCIPLES... Section 31. VOLUNTARY CONDUCT (REPEALED)... 3 Section 32. ELEMENTS OF CRIMES
More informationSIMPLIFIED RULES OF EVIDENCE
SIMPLIFIED RULES OF EVIDENCE Table of Contents INTRODUCTION...3 TEXAS CODE OF CRIMINAL PROCEDURE Title 1, Chapter 38...3 TEXAS RULES OF EVIDENCE Article I: General Provisions...4 Article IV: Relevancy
More informationSTOCKTON POLICE DEPARTMENT GENERAL ORDER ASSET SEIZURE AND FORFEITURE POLICY SUBJECT FROM: CHIEF ERIC JONES TO: ALL PERSONNEL
STOCKTON POLICE DEPARTMENT GENERAL ORDER ASSET SEIZURE AND FORFEITURE POLICY SUBJECT DATE: January 24, 2008 NO: FROM: CHIEF ERIC JONES TO: ALL PERSONNEL INDEX: Asset Seizure Forfeiture Narcotics Asset
More informationA. SOURCES OF THE LAW
COURSE: Business Law GRADE(S): 9-12 UNIT: Basics of Law NATIONAL STANDARDS Achievement Standard: Analyze the relationship between ethics and the law and describe sources of the law, the structure of the
More informationFEDERAL RULES OF EVIDENCE (Mock Trial Version)
FEDERAL RULES OF EVIDENCE (Mock Trial Version) (ADOPTED 9/4/2012) INDEX ARTICLE I. GENERAL PROVISIONS Rule 101 Scope... 1 Rule 102 Purpose and Construction... 1 ARTICLE II. JUDICIAL NOTICE... 1 Rule 201
More informationXenia, OH Code of Ordinances XENIA CITY CHARTER
XENIA CITY CHARTER XENIA CITY CHARTER EDITOR S NOTE: The Charter of the City of Xenia was originally adopted by the electors at a special election held on August 30, 1917. The Charter was re-adopted in
More informationIt Is important, then, that you fully understand these rights before pleading guilty.
IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY, PENNSYLVANIA CRIMINAL COMMONWEALTH OF PENNSYLVANIA CASE NO;(S) VS GUILTY PLEA STATEMENT ICOLLOQUYI You or your attorney has told this Court that you
More informationSTATE OF NORTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW
STATE OF NORTH CAROLINA TRANSPORTATION COMPENDIUM OF LAW Randall R. Adams Kevin M. Ceglowski Poyner Spruill LLP 130 S. Franklin St. Rocky Mount, NC 27804 Tel: (252) 972 7094 Email: rradams@poynerspruill.com
More informationAs Introduced. 132nd General Assembly Regular Session H. B. No
132nd General Assembly Regular Session H. B. No. 778 2017-2018 Representative Gavarone A B I L L To amend sections 2945.37 and 2945.371 of the Revised Code to prohibit a court from ordering certain offenders
More informationJEFFERSON COLLEGE COURSE SYLLABUS CRJ114 RULES OF CRIMINAL EVIDENCE. 3 credit hours. Prepared by: Mark A. Byington
JEFFERSON COLLEGE COURSE SYLLABUS CRJ114 RULES OF CRIMINAL EVIDENCE 3 credit hours Prepared by: Mark A. Byington Revised by: Mark A. Byington Revised Date: August 2014 Dr. Sandy Frey, Chair, Social Science
More informationLOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 3 CIVIL RULES
DIVISION 3 CIVIL RULES Rule Effective Chapter 1. Civil Cases over $25,000 300. Renumbered as Rule 359 07/01/09 301. Classification 07/01/09 302. Renumbered as Rule 361 07/01/09 303. All-Purpose Assignment
More informationCONDENSED OUTLINE FOR TORTS I
Condensed Outline of Torts I (DeWolf), November 25, 2003 1 CONDENSED OUTLINE FOR TORTS I [Use this only as a supplement and corrective for your own more detailed outlines!] The classic definition of a
More informationMASTER SHORT-FORM COMPLAINT FOR INDIVIDUAL CLAIMS
Case: 1:15-cv-09246 Document #: 1 Filed: 10/19/15 Page 1 of 5 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS IN RE: TESTOSTERONE REPLACEMENT THERAPY PRODUCTS LIABILITY
More informationTEXAS RULES OF EVIDENCE effective March 1, 2013
TEXAS RULES OF EVIDENCE effective March 1, 2013 ARTICLE I. GENERAL PROVISIONS (F) a hearing on justification for pretrial detention not involving bail; RULE 101. TITLE AND SCOPE Title. These rules shall
More informationPage 1 of 5 Public Act 097-1145 HB5151 Enrolled LRB097 18657 AJO 63891 b AN ACT concerning civil law. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section
More informationHow to use this book Acknowledgements
How to use this book Acknowledgements xi xiii CHAPTER 1 Skills for Legal Studies 1 Language skills 2 1. Planning to write, and writing 2 Writing paragraphs (for explanations or summaries), and extended
More informationSUPREME COURT OF THE UNITED STATES
(Slip Opinion) OCTOBER TERM, 2012 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus
More informationTitle 15: COURT PROCEDURE -- CRIMINAL
Title 15: COURT PROCEDURE -- CRIMINAL Chapter 105-A: MAINE BAIL CODE Table of Contents Part 2. PROCEEDINGS BEFORE TRIAL... Subchapter 1. GENERAL PROVISIONS... 3 Section 1001. TITLE... 3 Section 1002. LEGISLATIVE
More informationSTIPULATED JURY INSTRUCTIONS State v. Manny Rayfield Curr County Circuit Court Case No State of New Maine
STIPULATED JURY INSTRUCTIONS State v. Manny Rayfield Curr County Circuit Court Case No. 09-3031 State of New Maine Instruction Number Instruction Description 1. Preliminary Instructions 2. Functions of
More informationSTANDARDS OF REVIEW W. WENDELL HALL * O. REY RODRIGUEZ GRACE LEE HILL
STANDARDS OF REVIEW W. WENDELL HALL * O. REY RODRIGUEZ GRACE LEE HILL * Fulbright & Jaworski LLP Norton Rose Fulbright 2200 Ross Avenue, Suite 2800 Dallas, Texas 75201 State Bar of Texas CIVIL APPELLATE
More informationDRAFT REVISED NORTHERN CHEYENNE LAW & ORDER CODE TITLE 6 RULES OF EVIDENCE CODE. Title 6 Page 1
DRAFT REVISED NORTHERN CHEYENNE LAW & ORDER CODE TITLE 6 RULES OF EVIDENCE CODE Title 6 Page 1 TITLE 6 RULES OF EVIDENCE TABLE OF CONTENTS Chapter 1 GENERAL 6-1-1 Scope, Purpose and Construction 6-1-2
More information160-B:6 Requirements for Sale of Fireworks. I. Any person who desires to sell display and consumer fireworks as limited by RSA 160-B:2 may apply to
NEW HAMPSHIRE CHAPTER 160-B FIREWORKS 160-B:1 Definitions. As used in this chapter: I. "Fireworks'' means fireworks as defined in 27 C.F.R. section 555.11. IV. "Commissioner'' means the commissioner of
More informationSC MOTION FOR LEAVE TO AMEND REPORT AND INSTRUCTIONS March 9, Proposal #2 3.6(b) Insanity Hallucinations
3.6(b) INSANITY HALLUCINATIONS An issue in this case is whether (defendant) was insane when the crime allegedly was A person is considered to be insane when: 3.6(b) INSANITY HALLUCINATIONS An issue in
More informationSTATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW
STATE OF NORTH DAKOTA TRANSPORTATION COMPENDIUM OF LAW Nicholas C. Grant Ebeltoft. Sickler. Kolling. Grosz. Bouray. PLLC PO Box 1598 Dickinson, ND 58602 Tel: (701) 225-5297 Email: ngrant@eskgb.com www.eskgb.com
More informationCriminal Justice: A Brief Introduction Twelfth Edition
Criminal Justice: A Brief Introduction Twelfth Edition Chapter 3 Criminal Law The Nature and Purpose of Law (1 of 2) Law A rule of conduct, generally found enacted in the form of a statute, that proscribes
More informationTort Reform (2) The pleading specifically asserts that the medical care has and all medical records
Tort Reform 2011 Medical Malpractice Changes (SB 33; S.L. 2011 400) o Enhanced Special Pleading Requirement (Rule 9(j)) Rule 9(j) of the Rules of Civil Procedure now requires medical malpractice complaints
More informationNC General Statutes - Chapter 59 Article 2 1
Article 2. Uniform Partnership Act. Part 1. Preliminary Provisions. 59-31. North Carolina Uniform Partnership Act. Articles 2 through 4A, inclusive, of this Chapter shall be known and may be cited as the
More informationNorthern Iron Creditors' Trust Deed
Northern Iron Creditors' Trust Deed Northern Iron Limited (Subject to Deed of Company Arrangement) Company James Gerard Thackray in his capacity as deed administrator of Northern Iron Limited (Subject
More informationLAWATYOURFINGERTIPS NO LIABILITY WHERE FRIEND AGREED TO HELP WITH ROOF REPAIR AND FELL OFF HOMEOWNERS ROOF:
LAWATYOURFINGERTIPS NO LIABILITY WHERE FRIEND AGREED TO HELP WITH ROOF REPAIR AND FELL OFF HOMEOWNERS ROOF: Friend agreed to help homeowner repair roof. Friend was an experienced roofer. The only evidence
More informationSUPPLEMENT TO MANUAL FOR COURTS-MARTIAL UNITED STATES MILITARY RULES OF EVIDENCE (2012 EDITION)
SUPPLEMENT TO MANUAL FOR COURTS-MARTIAL UNITED STATES MILITARY RULES OF EVIDENCE (2012 EDITION) The Supplement to the 2012 Edition of the Manual for Courts-Martial (MCM) is a complete revision of the Military
More informationIN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Case 3:12-cv-00626-JMM Document 10 Filed 09/24/12 Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA FRED J. ROBBINS, JR. and : No. 3:12cv626 MARY ROBBINS, : Plaintiffs
More informationVolume 1959 Article 4
Annual Survey of Massachusetts Law Volume 1959 Article 4 1-1-1959 Table of Contents Boston College Annual Survey of Massachusetts Law Follow this and additional works at: http://lawdigitalcommons.bc.edu/asml
More informationUNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS. UNITED STATES OF AMERICA ) ) v. ) CRIMINAL NO GAO ) DZHOKHAR TSARNAEV )
Case 1:13-cr-10200-GAO Document 1237 Filed 04/01/15 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA ) ) v. ) CRIMINAL NO. 13-10200-GAO ) DZHOKHAR TSARNAEV )
More informationTHE LAWS OF THE VIRGIN ISLANDS. STATUTORY INSTRUMENT No. 45 of 2005 INSOLVENCY RULES, 2005
THE LAWS OF THE VIRGIN ISLANDS STATUTORY INSTRUMENT No. 45 of 2005 INSOLVENCY RULES, 2005 Based on the Insolvency Rules, 2005 (Statutory Instrument No. 45 of 2005) and amendments made by the Insurance
More informationJeffrey V. Hill Bodyfelt Mount LLP 707 Southwest Washington St. Suite 1100 Portland, Oregon (503)
Jeffrey V. Hill Bodyfelt Mount LLP 707 Southwest Washington St. Suite 1100 Portland, Oregon 97205 (503) 243-1022 hill@bodyfeltmount.com LIQUOR LIABILITY I. Introduction Liquor Liability the notion of holding
More information2016 FEDERAL RULES OF EVIDENCE (Mock Trial Version)
2016 FEDERAL RULES OF EVIDENCE (Mock Trial Version) In American trials, complex rules are used to govern the admission of proof (i.e., oral or physical evidence). These rules are designed to ensure that
More informationCITY OF CAPE MAY COMMERCIAL CONTRACTOR APPLICATION
CITY OF CAPE MAY COMMERCIAL CONTRACTOR APPLICATION 1. Business Name (The name must match the name listed on the corporate documents and the insurance certificate) 2. Business Address (Must be a street
More informationon your blue computer graded bubble sheet in the appropriate location.
as your signature PRINT your name EXAM #1 Business Law Fundamentals LAWS 3930 sections -001, -002 and -003 Chapters 1-4, 24, 6, 7, and 9 INSTRUCTIONS: 1. Affix your printed name as your signature in the
More informationDRIVER LICENSE AGREEMENT
DRIVER LICENSE AGREEMENT General Purpose... 2 Article I Definitions... 3 Article II Driver Control... 5 Article III Identification Cards... 8 Article IV Document Security and Integrity... 9 Article V Membership
More informationMost Common Firearms Law Questions
Most Common Firearms Law Questions North Carolina Sheriffs Association Post Office Box 20049 Raleigh, North Carolina 27619 (919) SHERIFF (743-7433) www.ncsheriffs.org January 2016 Most Common Firearms
More informationCONTENTS. How to use the Lake Charles City Court...2. What is the Lake Charles City Court?...2. Who may sue in Lake Charles City Court?...
CONTENTS Page How to use the Lake Charles City Court...2 What is the Lake Charles City Court?...2 Who may sue in Lake Charles City Court?...3 Who may be sued in Lake Charles City Court?...3 What kind of
More informationContents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability
Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice
More informationCHAPTER 22. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. N.J.S.2C:11-5 is amended to read as follows:
CHAPTER 22 AN ACT concerning the use of wireless telephones in motor vehicles, designated as Kulesh s, Kuberts, and Bolis Law, and amending N.J.S.2C:11-5 and N.J.S.2C:12-1. BE IT ENACTED by the Senate
More informationDefendants try to avoid liability by claiming a medical emergency caused them to lose control
It wasn t my fault, I swear. I was having a panic attack just before I hit him. The medicalemergency defense Defendants try to avoid liability by claiming a medical emergency caused them to lose control
More informationELECTRONIC SUPPLEMENT TO CHAPTER 15
C H A P T E R 15 ELECTRONIC SUPPLEMENT TO CHAPTER 15 UNIFORM PARTNERSHIP ACT (1914) Part I PRELIMINARY PROVISIONS 1. Name of Act This act may be cited as Uniform Partnership Act. 2. Definition of Terms
More informationCOMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CRIMINAL ACTION : NO. GUILTY PLEA COLLOQUY
COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS vs. : CHESTER COUNTY, PENNSYLVANIA : CRIMINAL ACTION : NO. GUILTY PLEA COLLOQUY The defendant agrees to enter a plea of guilty to the following
More informationCase Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators
Case Preparation and Presentation: A Guide for Arbitration Advocates and Arbitrators Jay E. Grenig Rocco M. Scanza Cornell University, ILR School Scheinman Institute on Conflict Resolution JURIS Questions
More informationTHE EVIDENCE ACT 1967 ARRANGEMENT OF SECTIONS CHAPTER I- PRELIMINARY CHAPTER II-OF THE RELEVANCY OF FACTS PART I
THE EVIDENCE ACT 1967 ARRANGEMENT OF SECTIONS CHAPTER I- PRELIMINARY Section 1. Short title and commencement. 2. Application. 3. Interpretation. 4. Permissible inferences. 5. Presumptions. 6. Conclusive
More informationTHE RECORDING STATUTE IN TEXAS (AND THE INNOCENT PURCHASER DOCTRINE)
THE RECORDING STATUTE IN TEXAS (AND THE INNOCENT PURCHASER DOCTRINE) STEVEN C. HALEY Moorman Tate Haley Upchurch & Yates, LLP 207 East Main Street P.O. Box 1808 Brenham, Texas 77834 Telephone: 979-836-5664
More informationAsset Forfeiture Model State Law April 9, 2011
Asset Forfeiture Model State Law April 9, 2011 Table of Contents GENERAL PROVISIONS 100.01 Definitions 100.02 Purpose 100.03 Exclusivity 100.04 Criminal asset forfeiture 100.05 Conviction required; standard
More informationPERSONAL PROPERTY SECURITY REGULATION
Province of Alberta PERSONAL PROPERTY SECURITY ACT PERSONAL PROPERTY SECURITY REGULATION Alberta Regulation 95/2001 With amendments up to and including Alberta Regulation 158/2015 Office Consolidation
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS RICHARD A. BOUMA, Plaintiff-Appellant, UNPUBLISHED July 28, 2011 v No. 297044 Kent Circuit Court BRAVOGRAND, INC. and BISON REALTY, LC No. 08-002750-NO LLC, and Defendants-Appellees,
More informationNC General Statutes - Chapter 14 Article 53B 1
Article 53B Firearm Regulation. 14-409.39. Definitions. The following definitions apply in this Article: (1) Dealer. Any person licensed as a dealer pursuant to 18 U.S.C. 921, et seq., or G.S. 105-80.
More informationNON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 YVONNE HORSEY, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : v. : : THE CHESTER COUNTY HOSPITAL, : WALEED S. SHALABY, M.D., AND : JENNIFER
More informationDiLello v. Union Tools, No. S CnC (Katz, J., May 13, 2004)
DiLello v. Union Tools, No. S0149-02 CnC (Katz, J., May 13, 2004) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the
More informationTable of Contents. Dedication... iii Preface... v Table of Cases... xv. A. General Principles... 1
Table of Contents Dedication... iii Preface... v Table of Cases... xv Chapter 1 Substantive Criminal Law A. General Principles... 1 1. Causation... 1 (a) Causation for Impaired Driving Causing Bodily Harm/Death...
More informationSUPREME COURT OF THE UNITED STATES
Cite as: 532 U. S. (2001) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of
More informationTURKS AND CAICOS ISLANDS COMPANIES ORDINANCE 2017 ARRANGEMENT OF SECTIONS
TURKS AND CAICOS ISLANDS COMPANIES ORDINANCE 2017 ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION 1. Short title and commencement Interpretation 2. Interpretation 3. Meaning of company and foreign company
More informationIN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 31, 2002
IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs October 31, 2002 LANA MARLER, ET AL. v. BOBBY E. SCOGGINS Appeal from the Circuit Court for Rhea County No. 18471 Buddy D. Perry, Judge
More information(2nd Plaintiff) and S A EAGLE INSURANCE CO LTD. HOEXTER, E M GROSSKOPF, MILNE JJA et NICHOLAS, NIENABER AJJA
Case No 604/88 /wlb IN THE SUPREME COURT OF SOUTH AFRICA APPELLATE DIVISION In the matter between: LUCREZIA TANDOKAZI MADYOSI EUNICE NOMSAKAZO BISHO First Appellant (1st Plaintiff) Second Appellant (2nd
More information42 USC 666. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 7 - SOCIAL SECURITY SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES Part D - Child
More informationTransaction Codes / Fee Schedule
Transaction Codes / Fee Schedule 1 Administrative 110 SOCIAL SECURITY $480 450 SEPARATION $8,250 120 INTERNAL REVENUE $960 451 SEPARATION LITIGATION $3,300 130 STATE TAX DEPT $480 455 ANNULMENT $8,250
More informationGeneral District Courts
General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance
More informationCED: An Overview of the Law
Torts BY: Edwin Durbin, B.Comm., LL.B., LL.M. of the Ontario Bar Part II Principles of Liability Click HERE to access the CED and the Canadian Abridgment titles for this excerpt on Westlaw Canada II.1.(a):
More information2 California Criminal Law (4th), Crimes Against Property
2 California Criminal Law (4th), Crimes Against Property I. THEFT A. In General. 1. [ 1] Statutory Consolidation of Offenses. 2. [ 2] Procedural Distinctions Abolished. 3. [ 3] Substantive Distinctions
More informationTorts Syllabus Summer AJD Class. Course text: Dominick Vetri, Lawrence Levine, Joan Vogel & Ibrahim Gassama, Tort Law and Practice, 5th ed.
Torts Syllabus Summer AJD Class Summer, 2018 Professor Vogel Course text: Dominick Vetri, Lawrence Levine, Joan Vogel & Ibrahim Gassama, Tort Law and Practice, 5th ed. (2016) Course Requirements: Class
More informationFEDERAL RULES OF EVIDENCE 2019
FEDERAL RULES OF EVIDENCE 2019 Effective July 1, 1975, as amended to Dec. 1, 2018 The goal of this 2019 edition of the Federal Rules of Evidence 1 is to provide the practitioner with a convenient copy
More informationContents. Dedication... v. About the Author... xvii. Acknowledgments... xix. Foreword... xxi. Preface... xxv A Note about Primary Sources...
Dedication... v About the Author... xvii Acknowledgments... xix Foreword... xxi Preface... xxv A Note about Primary Sources... xxvi Chapter 1 Trial Process and Procedure... 1 The Role of the Trial Judge
More informationThe Reverse Read and Heed Causation Presumption: A Presumption That Should Be Given Little Heed
b y J o h n Q. L e w i s, P e a r s o n N. B o w n a s, a n d M a t t h e w P. S i l v e r s t e n The Reverse Read and Heed Causation Presumption: A Presumption That Should Be Given Little Heed Failure-to-warn
More informationINSOLVENCY ACT, (Act No.4 of 2013) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY
INSOLVENCY ACT, 2013 (Act No.4 of 2013) Sections ARRANGEMENT OF SECTIONS PART I - PRELIMINARY 1. Short title and commencement 2. Interpretation PART II - BANKRUPTCY Sub-Part I Declaration of Bankruptcy
More informationS15A1717. OTIS v. THE STATE. Appellant Geary Otis was charged in a seven-count indictment with
In the Supreme Court of Georgia Decided: February 8, 2016 S15A1717. OTIS v. THE STATE. BENHAM, Justice. Appellant Geary Otis was charged in a seven-count indictment with malice murder and other offenses
More informationList of Sections of Companies Act 2013 that has been notified by the Ministry of Corporate Affairs w.e.f 12 th September, 2013
List of Sections of Companies Act 2013 that has been notified by the Ministry of Corporate Affairs w.e.f 12 th September, 2013 Chapters Chapter 1 Preliminary Sections Notified Definitions Section 2 (1)-
More informationSubmitted March 9, 2017 Decided. Before Judges Hoffman and O'Connor.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding
More informationTHE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ) ) ) ) ) )
THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STATE OF OHIO Plaintiff vs EDWARD WALKER Defendant CASE NO. CR 429590 MEMORANDUM OF OPINION AND ORDER FRIEDMAN, J.: 1. The Court has before it a proposed
More information