"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.
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.
Under the Federal Rules of Evidence, opinions on a company's financial status are not admissible as hearsay exceptions.
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.
