"Assumption of Risk" is a defense to a claim of negligence. It argues that the plaintiff voluntarily assumed a known risk, which can bar recovery. Strict liability, vicarious liability, and negligent infliction of emotional distress are not defenses to negligence; rather, they are other legal concepts or claims within tort law.
The "Lemon Test" is used to determine whether a government action violates the Establishment Clause of the First Amendment. The test evaluates whether the action has a secular purpose, whether it advances or inhibits religion, and whether it fosters an excessive government entanglement with religion.
The primary purpose of a preliminary hearing is to determine whether there is probable cause to believe that a crime has been committed and that the defendant is the person who committed it. It does not determine guilt, establish sentencing, or decide bail conditions.
Under the Federal Rules of Evidence, opinions on a company's financial status are not admissible as hearsay exceptions.
For a contract to be valid under common law, the essential requirements are mutual assent (offer and acceptance), consideration, and capacity. Performance, while important for contract fulfillment, is not a requirement for the formation of a valid contract.
