110 Criminal Law

110XXXI Counsel

110XXXI(F) Arguments and Statements by Counsel

110k2145 Appeals to Sympathy or Prejudice

110k2150 k. Comments on Frequency of Offenses, and Appeals for Law Enforcement.

Statement by state’s solicitor in his argument on prosecution for violation of prohibition law that “it is high time that you stopped shinny peddlers and haulers” held not to transcend legitimate bounds of argument.
Soutoula v. State, 102 So. 151 (Ala. Ct. App. 1924)

157 Evidence

157II Presumptions

157k65 k. Knowledge of Law.

Until the contrary is demonstrated, courts will assume that members of the bar are skilled in their profession.
Dolgow v. Anderson, 43 F.R.D. 472 (E.D.N.Y. 1968)

201 Holidays

201k5 k. Judicial Proceedings.

There is no statute in Kansas precluding the courts or judges of the state from discharging the duties of their offices upon Thanksgiving Day.
Selders v. Boyle, 49 P. 320 (Kan. Ct. App. 1897)

291 Patents

291II Patentability

291II(E) Prior Public Use or Sale

291k81 k. Evidence of Use or Sale.

Evidence was insufficient to establish that golf ball hit by astronaut on moon anticipated claims of golf ball manufacturer’s patent for golf ball covers.
Spalding & Evenflo Companies, Inc. v. Acushnet Co., 718 F. Supp. 1023 (D. Mass. 1989)

170A Federal Civil Procedure

170AXVII Judgment

170AXVII(C) Summary Judgment

170AXVII(C)1 In General

170Ak2461 k. In General.

Summary judgment is the “put up or shut up” moment in a lawsuit, when a party must show what evidence it has that would convince a trier of fact to accept its version of the events.
Springer v. Durflinger, 518 F.3d 479 (7th Cir. 2008)

115 Damages

115IX Evidence

115k163 Presumptions and Burden of Proof

115k163(1) k. Necessity of Proof as to Damages in General.

A plaintiff is not permitted to throw herself on the generosity of the jury; if she wants damages, she must prove them.
Tse v. UBS Fin. Services, Inc., 568 F. Supp. 2d 274 (S.D.N.Y. 2008)

110 Criminal Law

110XVII Evidence

110XVII(I) Competency in General

110k394 Evidence Wrongfully Obtained

110k394.4 Unlawful Search or Seizure

110k394.4(5) Search Under Warrant

110k394.4(6) k. Affidavit or Complaint; Probable Cause.

The good faith exception to the exclusionary rule is not a magic lamp for police officers to rub whenever they find themselves in trouble.
United States v. Zimmerman, 277 F.3d 426 (3d Cir. 2002)

Suggested by Amanda Kenny, Senior Attorney Editor, West