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Absence of Justification: Tortious Interference
To prove tortious interference with a contract or business expectancy, one of the requirements is to show an “absence of justification.” Rice v. Hodapp, 919 S.W.2d 240, 245 (Mo. 1996). Generally, “absence of justification” means the absence of any legal right on a defendant’s part to take the complained of actions. Howard v. Youngman, 81 S.W.3d 101,…
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Declaratory relief is not a “general panacea for all real and imaginary ills.” Missouri Soybean v. Missouri Clean Water, 102 S.W.3d 10, 25 (Mo. 2003). “It is not available to adjudicate hypothetical or speculative situations that may never come to pass.” Id. There are four elements: (1) a justiciable controversy that presents a real, substantial,…
Read MoreStare Decisis, Precedent
Stare decisis — “to stand by things decided” — is a legal rule. The rule is that previous cases decided are binding or persuasive on courts deciding similar subsequent cases. The U.S. Supreme Court has held that the rule is of “fundamental importance,” promoting “stability, predictability, and respect for judicial authority.” Hilton v. South Carolina Public…
Read MoreMissouri Supreme Court Substitute Briefs
There are generally two ways to get a case heard in the Missouri Supreme Court. First, it has jurisdiction over certain cases, like constitutional challenges, certain types of revenue laws, and death penalty appeals. Second, it can hear cases which present questions of general interest or importance. Under this second approach, the Court of appeals…
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