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9 Nov 2012, 1:06 pm
However, if a defendant does not establish a prima facie case that the plaintiff's injuries do not meet the serious injury threshold, the court need not consider the sufficiency of the plaintiff's opposition. [read post]
22 May 2012, 10:00 am
The FLSA does not define when an employee begins “work”; it only requires that all working time be paid. [read post]
9 Nov 2023, 11:33 am
But the fact that a crime includes speech does not turn the First Amendment into a defense. [read post]
3 Aug 2016, 1:43 pm
The post Does State v. [read post]
3 Aug 2016, 1:43 pm
The post Does State v. [read post]
23 Jan 2014, 8:13 am
Yet a vocal subset of NSA defenders seem to be taking the contrary position, that information about the agency’s activities serves no public purpose. [read post]
18 Jun 2013, 4:42 am
She was given an open ended prompt — a factoid about women's income and "What does this say about society?" [read post]
31 Oct 2014, 5:59 pm
It has no legitimate connection to the mutuality of advantage underlying plea bargaining because it does not relate either to the more lenient sentence for which the criminal defendant is negotiating or to the waiver of trial and the certainty of conviction the prosecution is seeking. [read post]
14 Apr 2021, 11:02 am
The appeals court noted that if a defendant creates the condition that caused a plaintiff to fall then the plaintiff does not have to prove that the defendant had actual or constructive notice. [read post]
14 Apr 2021, 11:02 am
The appeals court noted that if a defendant creates the condition that caused a plaintiff to fall then the plaintiff does not have to prove that the defendant had actual or constructive notice. [read post]
16 Aug 2011, 10:45 pm
GOVERNMENTAL DEFENDANTS AND IMMUNITY FROM SUIT AND LIABILITY To what extent and under what circumstances does the Texas Tort Claims Act (TTCA) waive immunity of governmental entities? [read post]
1 Oct 2024, 3:43 am
By announcing, in advance, that he will fail his one constitutional duty, does Vance disqualify himself from being vice president as he cannot take the oath of office to defend a Constitution that he’s vowed to violate? [read post]
3 Jul 2010, 8:32 am
If the state does not have sufficient independent evidence to establish that a crime occurred, the defendant's statement will not come into evidence and the criminal case will likely be dismissed. [read post]
21 Feb 2019, 10:13 pm
The post How Long Does a Domestic Violence Warrant Last? [read post]
29 Apr 2022, 5:50 am
The post Does My Missouri LLC Need a Registered Agent? [read post]
1 Nov 2010, 1:51 am
” Also, the fact that the defendant carried only a small piece of luggage and acted nervous does not give rise to suspicion. [read post]
4 Sep 2012, 2:13 am
This is referred to as the rule of lenity that if a criminal statute is ambiguous it is to be interpreted in favor of the defendant. [read post]
10 Sep 2024, 2:48 am
The defendant raised a special plea that the appointment of the curator constituted a cessation of the impediment of mental incapacity. [read post]
13 May 2010, 5:30 am
Sheets, 313 U.S. 100, 106-08 (1941) stated that the federal law authorizing removal by a defendant does not include removal by a counter-defendant. [read post]
20 Jan 2007, 7:18 am
In the face of cries that the filmmakers should be prosecuted, the child actress is put forward to defend their film:"That's not who Lewellen is," she said, sitting in her agent's office in Universal City, braces on her teeth and a small crucifix over her sweater. [read post]
