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DOUBLE JEOPARDY, TWO SOVEREIGNTIES AND THE INTRUDING CONSTITUTION 2023.08.08해당카페글 미리보기
From this it follows that a man cannot be retried unless the judicially developed common law rule has been affirmatively changed by legislative act. But there is no such statute. The time to consider the constitutional question is when...
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[Professional responsibility] IBM v. Levin 2023.07.29해당카페글 미리보기
This assertion is without merit. HN4 Clause (C) of DR 5-105 specifically imposes upon an attorney the burden of affirmatively providing disclosure and obtaining consent. Clearly, full and effective disclosure of all the relevant facts...
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[Professional responsibility] People v. Belge (& Gideon v. Wainwright ) 2023.07.28해당카페글 미리보기
was not disclosed to the authorities, but became public during the trial of Mr. Garrow in June of 1974, when to affirmatively establish the defense of insanity, these three other murders were brought before the jury by the defense in...
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2023.06.20. 블링컨 국무장관 방중에 대한 미 국무부 언론 브리핑 中 2023.07.17해당카페글 미리보기
La to his Chinese counterpart. We remain willing and able at all levels to meet, and call on China to respond affirmatively to that. ASSISTANT SECRETARY KRITENBRINK: I fully agree with everything that the senior director has said. And...
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[영화 대본] ‘John Wick Chapter 4: 쥐아:은 위크 4 장, 2023)’ 결말 부분 2023.05.09해당카페글 미리보기
have come. (IN JAPANESE) You armed? (GUNSHOT) (MAN GROANS) (AKIRA GRUNTS) (IN JAPANESE) Hai. (IN JAPANESE) (MUTTERS AFFIRMATIVELY) (SLURPING) (SPITS) Hey! (SLURPING) Do your job! (EXHALES) (ARROW WHIZZES) (TAPS CANE SOFTLY) (ARROW...
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Relating with Normile; Walker v. Goodson Farms, Inc. 2023.02.01해당카페글 미리보기
487] Heater v. Heater, 53 N.C. App. 101, 280 S.E. 2d 19 (1981). Unlike Normile, the parties in the present case affirmatively acted upon their negotiations which tended to show the formation of an agreement. Plaintiff worked for...
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Comparative Negligence : § 9.30 Part I (update III) 2023.01.23해당카페글 미리보기
of risk and non-operation of contributory negligence as a bar in § 402A actions, was formulated it does not affirmatively appear the Restatement reporter envisioned "the possibility of limiting rather than precluding liability" when the...
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Comparative Negligence, § 9.30, Part I (update 1) 2023.01.21해당카페글 미리보기
injuries caused by negligence of the respective defendants. In each case, defendants denied negligence and affirmatively alleged contributory negligence on the part of plaintiff. In each case, plaintiff moved to strike the defense of...
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Personal Injury: § 9.06 Defenses, § 9.07 Damages Part II 2023.01.16해당카페글 미리보기
the aggressor was denied, because the instructions related to the defense of justification should have been pleaded affirmatively. Roberts v. Hickson, 343 S.W.2d 108 (Tenn. Ct. App. 1960). Self defense must be affirmatively pleaded. Zink...
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[Torts] Escola v Coca Cola 2023.01.06해당카페글 미리보기
had the defendant in mind. Surely the plaintiff would not try to prove mishandling, and the defendant could not affirmatively prove such handling, at least without expert examination of the bottle. Still other courts have seemingly...