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5 Sep 2012, 6:16 pm
A person is justified in using force to protect another person when: (1) a reasonable person in the actor's position would believe that his intervention is necessary to protect the third party; and (2)in the circumstances as that reasonable person would believe them to be, the third party would be justified in using force to protect himself. [read post]
20 Dec 2014, 9:30 pm by WOLFGANG DEMINO
For purposes of res judicata, this identity of interest exists when: (1) the person can control an action even if he is not a party to it; (2) the party to the prior action represented the person's interests; or (3) the person is a successor-in-interest to the party in the prior action. [read post]
28 May 2019, 4:41 pm by Wystan Ackerman
The Court also reasoned that: (1) the Federal Rules of Civil Procedure distinguish between “defendants,” “third-party defendants,” and “counterclaim defendants”; (2) other removal statutes in the bankruptcy and patent/copyright context allow “any party” to remove; and (3) the Court held in Shamrock Oil & Gas Corp. v. [read post]
6 Jun 2012, 7:58 am
Issue 1: Injunction: The parties divorced and subsequently both parties filed for a modification of child support and parenting schedule. [read post]
4 Jun 2018, 5:32 am by Thomas Surmanski
This case is a huge personal win for Joseph Groia, who has been carrying this burden since after R. v. [read post]
26 Jul 2011, 1:13 am by Andrew Lavoott Bluestone
  The requirements for the formation of a contract are at least two parties with legal capacity to contract, mutual assent to the terms of the contract  and consideration. 2 P J I 4:l at 638-39 (2011) ; see also Maas v . [read post]
4 Jun 2018, 5:32 am by Thomas Surmanski
This case is a huge personal win for Joseph Groia, who has been carrying this burden since after R. v. [read post]
2 Dec 2010, 7:02 am by Tom Crane
v=5xi4O1yi6b0 2) Have the party at a restaurant or bar, where the retail establishment will assume some liability. 3) Consider providing only beer and wine. [read post]
2 Nov 2009, 2:55 pm
FERC subsequently denied rehearing of that order; in so doing, it rejected arguments that (1) rates covered by the settlement's Mobile-Sierra provision are not "contracts" to which Mobile-Sierra review applies; and (2) the public interest standard cannot apply to rate challenges by non-contracting parties. [read post]
2 Feb 2015, 9:07 am
On appeal to this court, the plaintiff claims that the trial court (1) lacked a factual basis on which to make its findings, (2) failed to award him the full compensation requested, and (3) failed to consider the parties’ stipulation regarding the value of certain securities. [read post]