Also known as: bases · based · basing
Written by attorneys · grounded in primary & secondary sources — see below
A foundation or ground upon which a legal conclusion, claim, or determination rests. The adequacy of the base determines whether the conclusion or action is legally supportable under the governing standard.
Brendan Burns stabbed Byron Bishop after Bishop insulted him with words alone. The court convicted Burns of murder rather than voluntary manslaughter because the provocation consisted only of words that occurred recently. The murder conviction rested on the legal conclusion that such provocation supplied no adequate base to reduce the charge.
Brookside Pharmaceuticals sold property to Bay Area Systems under a contract promising to build a boundary fence. After closing, Bay Area Systems sued to enforce the fence promise. The court allowed the claim because the promise was independent of the deed and the parties intended it to survive. The enforcement decision rested on the finding that the promise supplied its own base outside the merged deed.
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Blackwood Technologies denied in its answer that it had received certain invoices. Counsel verified the denial after reviewing shipping records that showed no delivery. The court refused sanctions because the denial was warranted on the evidence. The decision rested on the factual base counsel had assembled before filing.
Boubacar Bah testified that a truck appeared to be traveling over the speed limit. The court admitted the opinion because it was rationally based on Bah's direct perception of the vehicle passing his own. The ruling rested on the sensory base supporting the lay testimony.
Benjamin Brooks filed a derivative action against Bayside Shipping's directors. The board formed a special committee that conducted an inquiry and concluded the suit was not in the corporation's best interests. The court dismissed the action because the committee's determination supplied the required base under the statute.
Brenda Booth was acquitted of theft in state court. Federal prosecutors later charged her with the same conduct. The court dismissed the federal case because the second prosecution was based on the same conduct that produced the prior acquittal. The dismissal rested on the identity of the underlying conduct.
A denial satisfies the rule when it is warranted on the evidence or, if identified as such, reasonably based on belief or lack of information. The attorney must have a sufficient evidentiary foundation before filing the pleading.
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Mere words, trivial battery, or provocation arising from distant wrongs do not supply an adequate base. Only serious battery or catching a spouse in adultery qualifies under traditional categories.
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The court examines the parties' intent and the nature of the promise. Independent promises such as an agreement to build a fence are not merged and retain their own base for enforcement after closing.
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The opinion must be rationally based on the witness's own perception and helpful to understanding the testimony or determining a fact in issue. It cannot rest on specialized knowledge reserved for expert testimony.
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…here, the plaintiff is himself or herself the immediate object of the challenged statute. Pp. 123-129. (b) The Does' complaint based on their own and their wives' alleged injury from the future possibility of contraceptive failure, possible future pregnancy, and possible future unpreparedness for parenthood is too…