Allianz Global Risks v. ACE Property & Casualty Ins. Co.
“[I]nterpretation of insurance policies is a question of law to be decided by the court… The court is to consider the plain meaning of the relevant policy terms; if a term is ambiguous, the court considers the context in which the term appears and then the context of the policy as a whole; if ambiguity remains, the term is construed against the drafter.”
Area(s) of Law:- Civil Law
State v. Ramoz
ORCP 64 B(1) states that a new trial is warranted when a substantial right of the moving party is affected by an “[i]regularity in the proceedings of the court, jury or adverse party, or any order of the court, or abuse of discretion, by which such party was prevented from having a fair trial.”
Area(s) of Law:- Criminal Procedure
State v. Aguirre-Rodriguez
"Under Oregon law, restitution is to be awarded when a defendant has been convicted of a crime that results in economic damages to the victim and the state has presented evidence of those damages." ORS 137.106(1)(a).
Area(s) of Law:- Criminal Procedure
State v. Link
The prohibition of cruel and unusual punishment has been interpreted to require a sentence “be graduated and proportioned to both the offender and the offense.” Miller v. Alabama, 567 US 460, 479, 132 S Ct 2455, 183 L Ed 2d 407 (2012). “[I]mposition of a state’s most severe penalties on juvenile offenders cannot proceed as though they were not children.” Id. at 474.
Area(s) of Law:- Constitutional Law
State v. Phillips
The text of OEC 609(3)(a) suggests that the legislature intended the exception to function as a two-part inquiry... The first step is to determine ‘the date of the conviction' and the date of 'release of the witness from the confinement imposed for that conviction.’ The second step is to ask whether ‘[a] period of more than 15 years has elapsed since’ the later of those two dates. OEC 609(3)(a). If the answer to that second question is ‘no,’ then the conviction falls within the statutory window of admissibility.”
Area(s) of Law:- Evidence