12

The First Amendment essentially prohibits the establishment of a list of approved vs. not-approved religions. There is a large body of First Amendment case law that relates to claimed religious beliefs, and the restriction that the government cannot prohibit a person from exercising their religious beliefs. The courts therefore avoid bright-line answers to ...


10

There is virtually no chance this would be admissible. When a defendant argues that abuse at the hands of third party led to a mental defect that excuses her from culpability, the prosecution is free to rebut that argument. However, the prosecution's evidence must be relevant, i.e., it must have a tendency to make a fact of consequence more or less likely to ...


9

Governing Law The governing law in this fact pattern would be the law of Delaware which under the relevant choice of law rules governs the internal affairs of a Delaware Corporation, specifically, the Delaware General Corporate Law (Title 8 of the Delaware Code starting with Chapter 1), as interpreted by the Delaware Courts, especially the Delaware Court of ...


7

The article you link to details some of that The city’s policy states that employees must fill out a form and “answer all relevant questions regarding the religious belief, practice or observance that prevents them from getting the COVID-19 vaccination.” They may also be required to submit additional information such as letters from a religious leader, ...


6

That depends what the issue is. On constitutional issues, and on issues of federal law (which do come up in state cases) , they are binding precedent, at least in that circuit for an appeals court opinion, and in the whole US for a Supreme court opinion. District court opinions are not generally binding unless upheld on appeal. On matters of state law, the ...


4

To what extent would such "sociological" information (and related expert testimony) be allowed in a California courtroom? Would some items be allowed and some not, all allowed, or none allowed? And how might they be used; would they be mainly in "rebuttal" or in other contexts as well? There are multiple evidentiary rules that apply. ...


4

we would like to know whether we have sufficient legal grounds to sever/terminate/exit this contract with Superior Management Co.*, if the company does not mutually agree to do so. No. In that event the HOA is stuck with the contract at least for the remaining part of the current period. The HOA's concern that the provider could breach the contract by ...


3

A non-lawyer can bring torts committed against them in their own name as pro se parties in their own name. They cannot sue for torts committed against others including entities in which they are officers, or persons for whom they are guardians, nor can they represent someone else in their efforts to do so. A handbook written for California judges does not ...


3

The bright line depends on perspective. In Graham v. Connor, 490 U.S. 386 the court held that The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about ...


2

The federal precedential case on using deadly force against a fleeing suspect is Tennessee v. Garner: The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the ...


1

Settlement discussions and offers are not (necessarily) confidential However, they can be (and usually are) without prejudice meaning that while the court can know about them and even know their details, they cannot be taken into account in deciding the case. They can be taken into account in costs orders. For example, if you are suing for $10 and offer to ...


1

No. Compliance with pre-trial communication requirements or other obligations to attempt to discuss settlement may be disclosed without violating the confidentiality of settlement discussions. The confidentiality of settlement offers applies to the content of the settlement discussions, not to the fact of having discussed settlement. Indeed, it is common ...


1

It is really up to the credit reporting agency and the landlord. A credit report may disclose truthful information and the credit reporting agency might have a defined event that they report which would constitute negative credit information. As long as the event described really happened and is accurately described, it can go on your credit report. This ...


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