Question: How do you prove a “false arrest”? Answer: A false arrest requires absence of probable cause. Indiana Code section 35–33–1–1 provides: (a) A law enforcement officer may arr...
What is the “Parol Evidence Rule”?
Question: What is the “Parol Evidence Rule” and how does it relate to contracts? Answer: The parol evidence rule bars the admission of any evidence of oral representations that contradicts...
Does the falling asleep of a juror or judge during trial means that you did not get a fair trial?
Question: Does the falling asleep of a juror or judge during trial means that you did not get a fair trial? Answer: Control and management of the jury are matters generally committed to the trial cour...
Can health insurance exclude coverage for injuries caused by “dangerous activities” like riding ATVs or sky diving?
Question: Can health insurance exclude coverage for injuries caused by “dangerous activities” like riding ATVs or sky diving? Answer: Yes. Contracts of insurance are governed by the same r...
What is the age requirement to be able to legally drive a golf cart on a public road
Question: In the State of Indiana, what is the age requirement to be able to legally drive a golf cart on a public road? Answer: The age is over 16 years old, but there can be a local ordinance that l...
Can the exhibits that are admitted during a trial by the judge go back to the jury room to be reviewed by the jurors?
Question: Can the exhibits that are admitted during a trial by the judge go back to the jury room to be reviewed by the jurors? Answer: Yes. The trial court should consider three factors in deciding w...
Are crash reports prepared by police officers admissible at trial?
Question: Are Indiana crash reports prepared by police officers admissible at trial? Answer: These crash reports contain witness statements that are which are hearsay and therefore must have an except...
How long does it take for asbestos to cause damage to your lungs?
Question: How long does it take for asbestos to cause damage to your lungs? Answer: It takes many decades for a sufficient number of genetic mutations to occur in a mesothelium cell because of the bod...
Can a witness give an opinion as to the speed of a vehicle
Question: Can a witness give an opinion as to the speed of a vehicle simply based upon the sound the vehicle was making? Answer: Estimates of the speed of a motor vehicle are not matters which are the...
Traumatic Brain Injury from a Rear-end Collision
Question: Who is qualified under Indiana Law to opine as to the cause of a traumatic brain injury from a rear-end collision? Answer: To be qualified under Rule 702 to offer expert testimony as to the ...