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The inspector returned twice more, again without a search warrant, and was again denied entry. A complaint was subsequently filed against the tenant, and he was arrested for violating a city code. He filed suit under the Fourth and Fourteenth Amendments. The California district court of appeal, relying on the previous case of Frank v.
Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
Example - buyer breaches contract to purchase produce; seller is expected to mitigate e.g., "cover" under the U.S. Uniform Commercial Code or resale; failure to make reasonable attempts to resell can be a ground to deny damages arising from breach e.g., spoilage. Breaching party is liable for costs which arise from an effort to take reasonable ...
Investigators must normally obtain a court-issued warrant before seizing property, by presenting enough evidence to a magistrate judge to meet the probable cause requirement. [13] When using the plain view doctrine, investigators must possess the evidence needed to meet the probable cause requirement, as they are only exempt from the step of ...
The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract [1] and precluding parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation ...
In the fields of sociology and social psychology, a breaching experiment is an experiment that seeks to examine people's reactions to violations of commonly accepted social rules or norms. Breaching experiments are most commonly associated with ethnomethodology, and in particular the work of Harold Garfinkel.
(The Center Square) - California homeowners may face noticeable insurance rate hikes under new rules finalized by state regulators that allow property insurers to use complex climate algorithms ...
Greene, "Thus the term 'Brady violation' is sometimes used to refer to any breach of the broad obligation to disclose exculpatory evidence – that is, to any suppression of so-called 'Brady material' – although strictly speaking, there is never a real 'Brady violation' unless the nondisclosure was so serious that there is a reasonable ...