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9.3 Section 1983 Claim Against Defendant in Individual Capacity —Elements and Burden of Proof
9.3 Section 1983 Claim Against Defendant in Individual Capacity —Elements and Burden of Proof In order to prevail on § 1983 claim against the defendant , the plaintiff must prove…
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Gravity of the Evil Test – 1st Amendment
Gravity of the Evil Test The gravity of the evil test is a refinement of Justice Oliver Wendell Holmes’s clear and present danger test for determining when the First Amendment…
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Punsly v. Ho (2001) 87 Cal.App.4th 1099 – Grandparents Rights
Punsly v. Ho (2001) 87 Cal.App.4th 1099 – Grandparents Rights PUNSLY V. HO *1101 HUFFMAN, J. Manwah Ho, the mother of Kathryn Punsly, appeals an order granting visitation to Kathryn’s…
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Distinguishing Request for Custody from Request for Visitation
Distinguishing Request for Custody from Request for Visitation Grandparents’ and Nonparents’ Rights to Custody and Visitation There are specific requirements which must be met in requesting custody that differ from…
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When is a Joinder in a Family Law Case Appropriate?
What is a Joinder Provision in California Custody Case / Divorce? When is a Joinder in a Family Law Case Appropriate? Most people know that in divorce or domestic partnership…
Gabby Petito: Everything we know about YouTuber’s murder on ‘dream’ road trip
Gabby Petito: Everything we know about YouTuber’s murder on ‘dream’ road trip Social media star was killed while on a road trip with her fiancé Brian Laundrie, who was later…
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Is Orange County’s DA Hiding Evidence of Racial Bias in Prosecutions?
Is Orange County’s DA Hiding Evidence of Racial Bias in Prosecutions? This summer, a judge ruled Orange County DA Todd Spitzer violated a law against prosecutors showing racial bias –…
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Publius v. Boyer-Vine – 1st Amendment- Posting Police Address
Publius v. Boyer-Vine – 1st Amendment – Posting Police Address Constitution Protects Publication of Politicians’ Home Address/Phone Number–Publius v. Boyer-Vine Doe Publius (nice alias) runs the “The Real Write Winger”…
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Brandenburg v. Ohio (1969) – 1st Amendment
Brandenburg v. Ohio (1969) – Brandenburg Test Ruling – 1st Amendment In Brandenburg v. Ohio, 395 U.S. 444 (1969), the Supreme Court established that speech advocating illegal conduct is protected…
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Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder
Mandatory Joinder vs Permissive Joinder – Third Party Joinder Third Party Joinder Compulsory Joinder vs Dismissive Joinder Third Party Joinder Third parties (anyone other than Husband and Wife) may be…