Also known as: based upon · based-on
Written by attorneys · grounded in primary & secondary sources — see below
An underlying factual or legal predicate that supports a claim, defense, determination, or liability. The predicate supplies the foundation on which the legal consequence rests.
Bernard Bass struck and killed Bruce Baldwin after Baldwin made insulting remarks about an event from five years earlier. The prosecution charged murder. The court refused to instruct on voluntary manslaughter because the claimed provocation rested on words and a long-past wrong, both of which are legally insufficient.
Belinda Baxter purchased property from Bay Area Systems. After closing she discovered the seller had concealed a known structural defect. Baxter sued for fraud. The court held the claim survived because it rested on fraud rather than on any promise merged into the deed.
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Boulder Construction denied in its answer that it had received notice of a defect. The denial rested solely on counsel's belief without any investigation or evidence. The court imposed Rule 11 sanctions because the denial was not warranted on the evidence or a reasonable lack of information.
Benito Benitez, a bystander, testified that the driver appeared intoxicated. The opinion rested on the witness's direct observation of the driver's slurred speech and unsteady gait. The court admitted the testimony because it was rationally based on the witness's perception.
Brian Bailey was acquitted of theft. The state later charged him with robbery arising from the identical incident. The court dismissed the second prosecution because it rested on the same conduct that had already resulted in an acquittal.
During a hearing Judge Baxter referred to a party's national origin in a derogatory manner while ruling on a motion. The reviewing court found a violation because the judge's remarks manifested bias based upon national origin in the performance of judicial duties.
Mere words, trivial battery, and wrongs from the distant past do not constitute adequate provocation. A claim of provocation resting on those grounds will not reduce murder to voluntary manslaughter.
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Merger does not extinguish claims resting on fraud, mutual mistake, or independent collateral promises the parties did not intend to merge into the deed. Courts examine the parties' intent and the nature of the promise to decide survival.
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A denial must be warranted on the evidence or, when so identified, reasonably based on belief or a lack of information. A denial resting on nothing more than unsupported belief violates the rule.
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A lay opinion is admissible when it is rationally based on the witness's own perception and helpful to understanding the testimony or determining a fact in issue. Opinions resting on specialized knowledge fall outside this rule.
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A second prosecution is barred when it rests on the same conduct that already produced an acquittal or conviction. The bar applies unless an exception in the statute is satisfied.
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A judge violates the rule by words or conduct that manifest bias or prejudice based on race, sex, national origin, or other listed characteristics while performing judicial duties. The prohibition also extends to staff and others under the judge's control.
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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…