241 Limitation of Actions

241I Statutes of Limitation

241I(A) Nature, Validity, and Construction in General

241k1 k. Nature of Statutory Limitation.

Statutes of limitation are designed to promote justice by preventing the revival of hoary claims that have been allowed to slumber until evidence has been lost, memories have faded and witnesses have disappeared.
Byrd v. Blanton, 197 Cal. Rptr. 190 (Cal. Ct. App. 1983)

110 Criminal Law

110XXXI Counsel

110XXXI(C) Adequacy of Representation

110XXXI(C)2 Particular Cases and Issues

110k1890 k. In General.

A meaningful relationship between a defendant and his counsel is not included in the Sixth Amendment guarantee of effective assistance of counsel.
Taylor v. State, 679 S.E.2d 371 (Ga. Ct. App. 2009)

92 Constitutional Law

92XX Separation of Powers

92XX(B) Legislative Powers and Functions

92XX(B)2 Encroachment on Judiciary

92k2374 k. Practice of Law.

Statute which provides that law school graduates of good moral character shall be admitted to the bar to practice as attorneys without examination is an unconstitutional usurpation of judicial power.
Application of Kaufman, 206 P.2d 528 (Idaho 1949)

349 Searches and Seizures

349I In General

349k42 Emergencies and Exigent Circumstances; Opportunity to Obtain Warrant

349k42.1 k. In General.

A burning building clearly presents an exigency of sufficient proportions to render a warrantless entry reasonable.
State v. Amodio, 915 A.2d 569 (N.J. Super. Ct. App. Div. 2007)

110 Criminal Law

110XXIV Review

110XXIV(E) Presentation and Reservation in Lower Court of Grounds of Review

110XXIV(E)1 In General

110k1028 k. Presentation of Questions in General.

Party cannot sing a song to the Supreme Court that was not first sung in trial court.
State v. Rutledge, 600 N.W.2d 324 (Iowa 1999)

Suggested by Kara Boucher, Principal Attorney Editor, West

115 Damages

115III Grounds and Subjects of Compensatory Damages

115III(A) Direct or Remote, Contingent, or Prospective Consequences or Losses

115III(A)2 Mental Suffering and Emotional Distress

115k57.11 k. Humiliation, Insults, and Indignities in General.

Mental anguish includes anxiety, embarrassment, anger, fear, frustration, disappointment, worry, annoyance, and inconvenience.
Slack v. Stream, 988 So. 2d 516 (Ala. 2008)

110 Criminal Law

110XXXI Counsel

110XXXI(F) Arguments and Statements by Counsel

110k2076 Statements as to Facts and Arguments

110k2081 k. Rhetorical Questions by Counsel During Argument.

Prosecutor’s closing argument that everyone in courtroom wanted first-degree murder conviction was rhetorical flourish and was allowable.
State v. Storey, 901 S.W.2d 886 (Mo. 1995)

113 Customs and Usages

113k9 Application and Operation

113k11 k. Creation and Existence of Contract.

It is common custom for parents of bride to pay for wedding reception.
International River Center v. Kogos, 516 So. 2d 1327 (La. Ct. App. 1987)

29T Antitrust and Trade Regulation

29TIII Statutory Unfair Trade Practices and Consumer Protection

29TIII(E) Enforcement and Remedies

29TIII(E)1 In General

29Tk284 k. Conditions Precedent in General.

A buyer who has sold his substantially defective vehicle before trial, that is, passed on his “lemon” to another rather than returning his lemon to the manufacturer, cannot recover under Minnesota’s Lemon Law.
Highway Sales, Inc. v. Blue Bird Corp., 504 F. Supp. 2d 630 (D. Minn. 2007)