by uslawessentials | Sep 11, 2023 | Uncategorized
Self-dealing refers to circumstances where a fiduciary – – a person in a position of trust – – acts in their own interest instead of acting in the interests of those to whom they owe the fiduciary duty. For example, if a manager of an LLC runs...
by uslawessentials | Aug 16, 2023 | Uncategorized
Enumerated means listed or expressly stated. When we refer to federal powers enumerated in the Constitution, we mean powers expressly stated in the Constitution. For example, Article I Section 8 of the Constitution provides enumerated powers of Congress, including the...
by uslawessentials | Jul 1, 2022 | Uncategorized
Below on the left is a copy of the original text of the introduction to the Supreme Court decision in Dobbs v. Jackson Women’s Health Center, but we’ve numbered the sentences. On the right, are two different versions of the text. If you click on the blue...
by uslawessentials | Apr 23, 2022 | Uncategorized
Hearsay is an out-of-court statement offered into evidence at trial to prove the truth of the matter asserted. For example, let’s say a prosecutor wants to prove that Debbie robbed a bank. If the prosecutor has a witness testify that, “David told me that...
by uslawessentials | Dec 8, 2021 | Uncategorized
What is Selective Incorporation? Selective incorporation means that certain rights in the Bill of Rights – – but not all rights in the Bill of Rights – – apply to the states. States may not enact laws that would violate those rights in...
by uslawessentials | Dec 7, 2021 | Uncategorized
28 U.S.C. § 1447(c) provides that, “A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal.” In other words, after a party (presumably...
