...ted transaction. A trustee bought trust property through an affiliate and failed to disclose the profit. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incom...
...ted transaction. A trustee bought trust property through an affiliate and failed to disclose the profit. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incom...
...you sign this week, my team will also rebuild your social-media pages and run the first month of ads at no extra charge." Two days later, the parties signed a 12-page agreement titled "Complete Restaurant Operations Cons...
Citations: Cal. Code Civ. Proc. sec. 1856, Cal. Civ. Code sec. 1625
...icers had probable cause to arrest Blake for a completed felony fraud and obtained an arrest warrant for Blake. They believed Blake was staying at Casey's apartment, but they did not obtain a search warrant for Casey's a...
Citations: Payton v. New York, Steagald v. United States, Lange v. Delaware
...sidy "shall be paid" to applicants who meet listed income, residency, and disability criteria. An applicant meeting those criteria is denied without a hearing. How should a court evaluate the threshold property-interest...
Citations: https://supreme.justia.com/cases/federal/us/408/564/
...ng contract contains a clause stating, "This contract is the complete and exclusive statement of the parties' agreement and supersedes all prior and contemporaneous understandings." A dispute later arises over whether a...
Citations: Cal. Code Civ. Proc. sec. 1856
After complete warnings and an oral waiver, a suspect says, "Maybe I should talk to a lawyer." Five minutes later, after more questioning, the suspect says, "I want a lawyer before I answer any more questions." Which sta...
Citations: Davis v. United States, Edwards v. Arizona
...vation in good faith. The storefront opened on time, but two cabinet handles were the wrong finish and one small trim piece needed repainting. The defects could be fixed in one afternoon for a small amount compared with...
Citations: CACI No. 312, Connell v. Higgins
...y stopped him once last year. He seeks damages for the completed stop and an injunction barring the department from using similar tactics against anyone. Driver does not allege that he expects to encounter the same offic...
Citations: City of Los Angeles v. Lyons, O'Shea v. Littleton
Officer completes a warning for a broken taillight and has finished checking licenses and warrants. Officer then keeps the car stopped for ten more minutes to investigate unrelated suspected drug activity, although no ne...
Citations: Rodriguez v. United States
Omar is arrested for a pharmacy burglary. After complete Miranda warnings, he says, "I want a lawyer before we talk about the burglary." The detectives immediately stop. The next day, Omar appears in court, speaks briefl...
Citations: Edwards v. Arizona, Minnick v. Mississippi, Maryland v. Shatzer, Miranda v. Arizona
A lawyer is evaluating whether several Delaware and federal trial-court rulings can be appealed immediately before the rest of the case proceeds. Which ruling is immediately appealable as of right? The federal order gran...
Citations: 28 U.S.C. § 1292(a)(1), Del. Supr. Ct. R. 42
...emergency exists. Inside, they find the tablets listed in the warrant and also see a stolen rare watch on a table. The warrant does not list watches, and the prosecutor concedes that seizure of the watch violated the Fou...
Citations: Cal. Const. art. I, sec. 28(f)(2), In re Lance W., Hudson v. Michigan, United States v. Havens, Walder v. United States
...pen Lena's closed backpack on the couch, find several stolen tablets, and seize Lena's phone from the backpack. Before the apartment entry, a store investigator had already emailed police surveillance photos of Lena load...
Citations: Rakas v. Illinois, Wong Sun v. United States, Murray v. United States, Cal. Const. art. I, sec. 28(f)(2)
Two Delaware residents and a Maryland resident were injured when a tour bus, a delivery van, and a construction barrier collided on I-95 near Wilmington. The three injured plaintiffs file one diversity action in the Dist...
Citations: Fed. R. Civ. P. 18, Fed. R. Civ. P. 20, 28 U.S.C. section 1367
...dit by a festival deadline. Editor delivered only raw interview clips and no edited film. The deadline was central to the contract. The production company stopped work with Editor and hired another editor. Which statemen...
Citations: Brown v. Grimes, CACI No. 303
...sulting agreement. Client argues Consultant did not finish every task listed in the agreement, while Consultant argues any unfinished tasks were either substantially performed or excused by Client's refusal to provide da...
Citations: CACI No. 303
Rosa, Ivan, and Lee agree to steal prescription drugs from a clinic. Rosa obtains a floor plan and gives Lee the alarm code. Ivan buys pry bars. The night before the planned break-in, Rosa texts both men, "I'm out. Do no...
Citations: 11 Del. C. §§ 511-513, Delaware murder mental-state statutes, People v. Sconce, People v. Hardy
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A website published damaging private or false statements while the defendant claimed privilege or opinion. A party relied o...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A website published damaging private or false statements while the defendant claimed privilege or opinion. A party relied o...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A website published damaging private or false statements while the defendant claimed privilege or opinion. A party relied o...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A website published damaging private or false statements while the defendant claimed privilege or opinion. A party relied o...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
After the plaintiff is harmed, the plaintiff sues and the defendant denies legal responsibility. A website published damaging private or false statements while the defendant claimed privilege or opinion. A party relied o...
Citations: Restatement (Second) of Torts, Restatement (Third) of Torts
...$72,000 for six commercial espresso machines, delivery, installation, and two days of staff training. The machines accounted for $64,000 of the price, and the same machines were listed by model number in Roaster Supply's...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=COM§ionNum=2102.
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